[Rev. 3/24/2016 12:44:22 PM]

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ê1967 Statutes of Nevada, Page 1561 (Chapter 526, SB 102)ê

 

      [76.] 75.  To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.

      [77.] 76.  To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed, or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated; to punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes; and also to punish, prohibit and regulate the use, possession, sale, gift or other disposition of narcotic drugs in the city, including but not limited to cannabis, indica, cocaine, yen shee, morphine, marihuana, codeine, heroin, anhalonium (peyote or mescal button).

      [78.] 77.  To provide for and regulate the numbering of houses and lots.

      [79.] 78.  To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the council shall not have the power to mortgage, hypothecate, or pledge any property of the city for any purpose.

      [80.] 79.  To erect, lease, acquire, and maintain all needful buildings for the use of the city.

      [81.] 80.  The city council shall have the power to condemn property for public use.

      [82.] 81.  To declare by ordinance that any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the City of North Las Vegas whenever such offense is committed within the boundaries of said city.

      [83.] 82.  To issue or deny licenses for gaming houses or gaming games and bars, saloons, or any other place or places where alcoholic beverages are sold, and to suspend or revoke any such licenses issued when there is, in the judgment of the majority of the city council, sufficient reason for such suspension or revocation.

      Sec. 12.  Section 10g of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as added by chapter 77, Statutes of Nevada 1923, and amended by chapter 204, Statutes of Nevada 1937, at page 449, is hereby amended to read as follows:

      Section 10g.  The city council, among other things shall have power:

      First:  To provide for and regulate the manner of weighing of all food products and foodstuffs, and hay, grain, straw, and coal, and the measuring and selling of firewood and of all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures, duly tested and sealed, and by ordinance provide a penalty for the using of false weights or measures.


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ê1967 Statutes of Nevada, Page 1562 (Chapter 526, SB 102)ê

 

proper weights and measures, duly tested and sealed, and by ordinance provide a penalty for the using of false weights or measures.

      Second:  To restrain and punish [vagrants, drunkards. drunkenness,] disorderly persons, common prostitutes, [mendicants,] street walkers [, street solicitors for alms or otherwise, street beggars, house beggars,] and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purposes of prostitution or immoral purposes; to prevent diseased, maimed, injured, or unfortunate persons from displaying their infirmities for the purpose of receiving alms and to prevent and punish obscene language, or conduct, indecent exposure of person, loud and threatening or lewd language, or profane language in the presence or hearing of women or children, and all obnoxious, offensive, immoral, indecent, and disorderly conduct and practices in the city; to prevent and punish the discharging of firearms in the city, the lighting of fires in yards, streets, or alleys or any other unsafe places anywhere within the city; to prevent and punish the carrying of weapons, concealed or otherwise; to prevent and punish fast driving, fast horseback riding; or the riding or breaking to drive of wild or unmanageable horses in the city; to require that all horses left standing shall be hitched to post or weight, and to prescribe the length of time any horse or animal may be allowed to remain tied, held, or otherwise kept on the streets or alleys of the city.

      Third:  To prevent and punish all persons from showing, selling, or exhibiting for sale or in any manner publishing any obscene or indecent drawings, engravings, paintings, books, or pamphlets, and all obscene or indecent exhibitions and shows of every kind.

      Fourth:  To levy a license tax upon, regulate, prohibit and suppress the possession, manufacture, sale or other disposal of intoxicating liquor within the city.

      Sec. 13.  Section 3.43 of Article III of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, at page 391, is hereby amended to read as follows:

      Section 3.43  The city council, among other things, shall have the power:

      First-to provide for and regulate the manner of weighing all food products and foodstuffs, and hay, grain, straw, and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for seizure and forfeiture of such articles offered for sale, which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures duly tested and sealed, and by ordinance provide a penalty for the using of false weights or measures.

      Second-To restrain and punish [vagrants, drunkards,] disorderly persons, common prostitutes [, mendicants, street beggars,] and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured, or unfortunate persons from displaying their infirmities for the purpose of receiving alms, and to prevent and punish drunkenness, obscene language or conduct, indecent exposure of person, loud and threatening or lewd or obscene language, or profane language in the presence or hearing of women or children, and all obnoxious, offensive, indecent, and disorderly conduct and practices within the city; to prevent and punish the discharging of firearms within the city; the lighting of fires in yards, streets, or alleys, or other unsafe places, or anywhere within the city; to prevent and punish fast horseback riding, or the riding, or breaking to drive, of wild or unmanageable horses in the city; to require that all horses when left standing shall be hitched to post or weight; to prescribe the length of time horses may be left tied, hitched, or otherwise in the city.


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ê1967 Statutes of Nevada, Page 1563 (Chapter 526, SB 102)ê

 

or profane language in the presence or hearing of women or children, and all obnoxious, offensive, indecent, and disorderly conduct and practices within the city; to prevent and punish the discharging of firearms within the city; the lighting of fires in yards, streets, or alleys, or other unsafe places, or anywhere within the city; to prevent and punish fast horseback riding, or the riding, or breaking to drive, of wild or unmanageable horses in the city; to require that all horses when left standing shall be hitched to post or weight; to prescribe the length of time horses may be left tied, hitched, or otherwise in the city.

      Sec. 14.  Section 30 of chapter II of the charter of the City of Wells, being chapter 104, Statutes of Nevada 1927, as amended by chapter 158, Statutes of Nevada 1961, at page 219, is hereby amended to read as follows:

      Section 30.  The said board of councilmen shall have the following powers:

      1.  To make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provision of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine not to exceed three hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.

      2.  To control the finances and property of the corporation.

      3.  To appropriate same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation, provided, that all money held in any fund not herein provided for may be transferred to the general fund of the city, or otherwise transferred from one fund to another.

      4.  To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.

      5.  To borrow money on credit of the city for corporate purposes in the manner and to the extent allowed by the statutes and the laws, and to issue checks and bonds therefor in such amounts and forms and on such conditions as the board shall determine; and the said board may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any one time bonds to an amount in excess of ten per cent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or assessment roll, nor checks, certificates, scrip, or other evidence of indebtedness, excepting the bonded indebtedness; in excess of three percent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring water, light, heat and sewerage. The said board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within thirty years after issuing same. The board shall have power to acquire or establish any public utility only in the manner herein provided, nor shall any other bonded indebtedness be incurred except in said manner.


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ê1967 Statutes of Nevada, Page 1564 (Chapter 526, SB 102)ê

 

any public utility only in the manner herein provided, nor shall any other bonded indebtedness be incurred except in said manner. The board shall issue a proclamation which shall set forth briefly the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the board and mayor, or an engineer or party theretofore appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest and the time within which redeemable and on what fund. Such proclamation shall be published in full at least once a week for four successive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said board will pass an ordinance providing for said bond issue. If no newspaper is published in the city, then publication shall be made in some newspaper published in the county and having a general circulation in the city. At the first regular meeting of the board, or any adjournment thereof, after the completion of said publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of said city; provided, however, that if a petition shall be presented to said board signed by not less than 20 percent of the qualified electors of said city as shown by the last preceding registration list and representing not less than ten per cent of the taxable property of said city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said ten per cent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purposes and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said board pursuant to a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said board any time prior to the date of meeting set in said published notice. Only qualified electors who are taxpayers of the city of Wells shall vote at any bond election.

      6.  To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation or refunding of the same, but no such consolidating or refunding bonds shall be issued except in the manner provided in subdivision 5 of section 30 of this chapter.

      7.  To divide the city into districts for the purpose of local taxation or to create districts for the purpose as occasion may require.

      8.  To raise revenue by levying and collecting license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.

      9.  To fix the amount of license and terms and manner of their issuance.

      10.  To fix, impose and collect a license tax on and to regulate all character of lawful callings, industries, occupations, professions and business conducted in whole or in part within the city, including all theaters, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where drinks are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys, and exhibitions and amusements.


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ê1967 Statutes of Nevada, Page 1565 (Chapter 526, SB 102)ê

 

business conducted in whole or in part within the city, including all theaters, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where drinks are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys, and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all dairies and dairy supply markets, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, card rooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery or sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress raffles, hawkers, peddlers, except those dealing in their own agricultural products. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stable, stock corrals, foundries and machine shops.

      To prohibit and suppress all dog fights, cock fights, bear, bull or badger baits; to fix, impose and collect a license tax on, regulate, prescribe the location of, or suppress and prohibit all houses of ill fame, hurdy gurdy houses, bawdy houses, and all places including dance houses and saloons having special attractions such as music or otherwise.

      To fix, impose and collect a tax on street cars, telephones, gas meters, electric meters, water meters, or any similar device for measuring service; also telephone, telegraph, electric light and power poles and wires-such license tax to be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.

      To fix, impose and collect a license tax on and regulate all lawful professions, callings, and business whatsoever, including grocers, merchants of any kind and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughter houses, wood and fuel dealers, coal dealers, sewing machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, garages, motor vehicle repair shops, newspapers or publications, ice peddlers, insurance companies, fire, life, and accident, and agents and solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard and pool games, or other or any table games played with cue and balls, or other mechanical device, bakers, milliners, gunsmith shops, steam renovation works, dressmaking establishments, telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, patent medicine agencies of any and all kinds, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstracts of title, iron works, notions and notion stands, pipe and tobacco stores, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular, each, every and any kind of business, and all professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each calling, business, occupation or profession; and provided further, that said board may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.


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ê1967 Statutes of Nevada, Page 1566 (Chapter 526, SB 102)ê

 

telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, patent medicine agencies of any and all kinds, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstracts of title, iron works, notions and notion stands, pipe and tobacco stores, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular, each, every and any kind of business, and all professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each calling, business, occupation or profession; and provided further, that said board may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.

      11.  To fix, impose and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles and all automobiles, taxi cabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns or other businesses, and to fix, impose and collect an annual license tax on privately owned and operated automobiles, automobile trucks and motorcycles operated within the city limits.

      12.  To lay out, establish, open, alter, widen, extend, establish and enforce a uniform grade for grade, pave or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.

      13.  To plant or direct and regulate the planting of ornamental shade trees, in, or along, and upon streets, avenues, sidewalks, parks and public grounds.

      14.  To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

      15.  To prevent and remove obstructions and encroachments upon the same.

      16.  To provide for and regulate crosswalks, curbs and gutters.


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ê1967 Statutes of Nevada, Page 1567 (Chapter 526, SB 102)ê

 

      17.  To name streets, avenues, or other public places, and to change the names thereof.

      18.  To regulate or prohibit traffic and sales upon the streets and sidewalks, and in public places.

      19.  To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk and gutter in front or along the same free from snow and other obstructions.

      20.  To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury, or obstruction to, any street, avenue, alley, park or public ground.

      21.  To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public grounds and buildings, for signs, sign posts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisement.

      22.  To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.

      23.  To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.

      24.  To regulate the speed of horses and other animals, bicycles, automobiles, motorcycles, and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues and public places.

      25.  To regulate or prohibit any public demonstrations and processions.

      26.  To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues and public places.

      27.  To prevent and regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement of practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams or horses.

      28.  To regulate the ringing of bells, blowing of horns, and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.

      29.  To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.

      30.  To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, street railway or tramway in any street, avenue, alley or public place, and to grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through or across any street, alley, avenue, or any part of parts thereof, of said city or other public places therein, railroad tracks, street car tracks, and connecting and terminal tracks.

      31.  To declare a nuisance and to take up and remove, or to cause to be taken up and removed, the tracks of any railway which shall have been laid upon, in, along, through or across any of the streets, alleys, avenues, or public places of the city and which shall not have been operated continuously with cars for public use for a period of one year after the laying thereof.


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ê1967 Statutes of Nevada, Page 1568 (Chapter 526, SB 102)ê

 

been laid upon, in, along, through or across any of the streets, alleys, avenues, or public places of the city and which shall not have been operated continuously with cars for public use for a period of one year after the laying thereof.

      32.  To require railroad companies to fence their respective railroads or any portion thereof, and to construct cattle guards, crossings of streets, alleys, avenues, and public places, and keep the same in repair within the limits of the city.

      33.  To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley, or avenue; to compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers, and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property shall not be impaired.

      34.  To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

      35.  To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.

      36.  To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting or heating works in the city, and to give such persons, company or association, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of said city.

      37.  To provide for the lighting of streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of natural gas or manufactured gas, and electric and other lights and electric power, and to regulate the inspection thereof.

      38.  To construct and maintain water works, gas works, electric light works, street railways, or bath-house, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.

      39.  To construct or authorize the construction of water works without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.

      40.  To regulate and control water and water courses, ditches, and flumes, within or leading to the city, and to regulate and control mill privileges within the city.

      41.  To construct, purchase or lease, and maintain canals, ditches, flumes wells, artesian wells and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or other public uses; and to prevent all waste of water, and, if necessary, to secure said sources of water supply, to purchase or lease land from or upon which said water has been appropriated or applied.


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ê1967 Statutes of Nevada, Page 1569 (Chapter 526, SB 102)ê

 

irrigation, domestic or other public uses; and to prevent all waste of water, and, if necessary, to secure said sources of water supply, to purchase or lease land from or upon which said water has been appropriated or applied. Also, to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.

      42.  To fix the rate to be paid for the use of water furnished by the city.

      43.  To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.

      44.  To regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine all such work.

      45.  To establish markets and market-houses, and to provide for the regulation and use thereof.

      46.  To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.

      47.  To provide for the inspection, measurement or [graduation] gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.

      48.  To provide for and regulate the inspection of meats, fruits, poultry, fish, milk, cream, butter, cheese, lard, vegetables, flour, meal and all other provisions.

      49.  To provide for the inspection and sealing of weights and measures.

      50.  To enforce the keeping and use of proper weights and measures by vendors.

      51.  To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue or suffer nuisances to exist.

      52.  To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughter houses, butcher shops, hide or junk warehouses, soap factories, foundries, livery stables, and blacksmith shops in, or within one mile of the limits of, the corporation.

      53.  To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pig-sty, privy, barn, corral, sewer or other unwholesome or nauseous house or place to cleanse, abate or remove the same, and to regulate the location thereof.

      54.  To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.


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ê1967 Statutes of Nevada, Page 1570 (Chapter 526, SB 102)ê

 

      55.  To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of the city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and regulations for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.

      56.  To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.

      57.  To provide for the burial of the indigent dead and to pay the expenses thereof.

      58.  To authorize the taking and to provide for safe keeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.

      59.  To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.

      60.  To define fire limits, and prescribe limits within which no buildings shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.

      61.  To prescribe the manner of constructing stone, brick and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, benches, scenery, curtains, blinds, screens, or other appliances therein.

      62.  To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.

      63.  To regulate or prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.

      64.  To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, gasoline, turpentine, dynamite, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables and other places, and the building of bonfires.

      65.  Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets, and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe the rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.


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ê1967 Statutes of Nevada, Page 1571 (Chapter 526, SB 102)ê

 

ladders, buckets, and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe the rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.

      66.  To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam generating apparatus, or elevators within the corporate limits of the city.

      67.  To prohibit cruelty to animals.

      68.  To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound and appoint a pound-keeper, and prescribe his duties, and to distrain and impound animals running at large, and to provide for the sale of the same. The proceeds arising from the sale of such animals, after the payment of all costs, shall go to the city treasury to be disposed of according to law.

      69.  To provide for the punishment of persons disturbing the peace and good order of the city, or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.

      70.  To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.

      71.  [To arrest, fine, or set to work on the streets or elsewhere all vagrants, mendicants and persons found in said city without visible means of support or some legitimate business.

      72.] To prevent intoxication, fighting, quarreling, dog fights, cock fights, bull fights and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars.

      [73.] 72.  To regulate and prohibit the carrying of concealed weapons.

      [74.] 73.  To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.


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ê1967 Statutes of Nevada, Page 1572 (Chapter 526, SB 102)ê

 

and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.

      [75.] 74.  To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated; and also to punish for keeping, maintaining or becoming and inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium or where opium is sold for such purposes.

      [76.] 75.  To provide for and regulate the numbering of houses and lots.

      [77.] 76.  To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries, to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate, or pledge any property of the city for any purpose.

      [78.] 77.  To erect, lease, acquire, and maintain all needful buildings for the use of the city.

      [79.] 78.  The board of councilmen shall have the power to condemn property for public uses.

      Sec. 15.  Section 19 of the charter of the City of Yerington, being chapter 72, Statutes of Nevada 1907, as amended by chapter 268, Statutes of Nevada 1955, at page 433, is hereby amended to read as follows:

      Section 19.  The city council shall have power:

      First-To fix the place of its meetings and the time for calling same to order, and to judge of the qualification and election of its own members.

      Second-To make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or of the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, for the execution of all the powers vested in said city and for making effective the provisions of this charter.

      Third-To levy and collect annually, a tax of not to exceed two percent upon the assessed value of all real and personal property within the city, and which is by law taxable for State and county purposes.

      Fourth-To sell, use, lease, control, improve and take care of the real estate and personal property within the city; provided, said council shall not have power to mortgage, hypothecate or pledge any property of the city for any purpose.

      Fifth-To lay out, extend, change the grade, open, vacate, and alter the streets and alleys in the city, and by ordinance, provide for the graveling, grading, draining, cleaning, repairing, paving, repaving, widening, narrowing, lighting, surfacing, resurfacing or otherwise improving the same, and for the construction, repair, regulation and preservation of sidewalks, crossings, bridges, curbs, drains, gutters, and sewers, and to prevent or remove obstructions thereto, or to the streets and alleys throughout the city, and to provide for the numbering of houses; provided, that the council may, in its discretion, assess the cost, or a portion thereof, of grading, paving or otherwise improving any street as above provided, upon the property fronting thereon, in proportion to the frontage, or the cost of repairing and building any sidewalk, to the owner of the property in front of which said sidewalk or proposed sidewalk may be, in proportion to the frontage of said property, and make such costs of improvement, grading, repair or building a lien upon such property, which lien shall be in the same of the city, be preserved by the person acting as city attorney verifying and filing for record in the county recorder’s office a claim of lien as nearly as practicable in form the same as provided by general laws for mechanics’ liens, and said lien shall be enforced and foreclosed in the name of the city, in the same manner and with like effect as is provided by general laws, for the foreclosure of mechanics’ liens.


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ê1967 Statutes of Nevada, Page 1573 (Chapter 526, SB 102)ê

 

throughout the city, and to provide for the numbering of houses; provided, that the council may, in its discretion, assess the cost, or a portion thereof, of grading, paving or otherwise improving any street as above provided, upon the property fronting thereon, in proportion to the frontage, or the cost of repairing and building any sidewalk, to the owner of the property in front of which said sidewalk or proposed sidewalk may be, in proportion to the frontage of said property, and make such costs of improvement, grading, repair or building a lien upon such property, which lien shall be in the same of the city, be preserved by the person acting as city attorney verifying and filing for record in the county recorder’s office a claim of lien as nearly as practicable in form the same as provided by general laws for mechanics’ liens, and said lien shall be enforced and foreclosed in the name of the city, in the same manner and with like effect as is provided by general laws, for the foreclosure of mechanics’ liens.

      Sixth-To organize, regulate, maintain and disband a fire department; to enter into cooperative agreements with the boards of directors of contiguous fire protection districts, whereby the fire protection district may be enabled to use its personnel and equipment, upon such terms and agreements within the city limits for the protection of property and for the prevention and suppression of fire; to provide for the extinguishment of fire; to regulate or prohibit the storage of gunpowder or other explosive or combustible or inflammable material within or transported through the city, and to prescribe the distance from said city where the same may be stored, held or kept.

      Seventh-To determine by ordinance, what shall be deemed nuisances, and to provide for the abatement, prevention and removal of the same, at the expense of the parties creating, causing or committing such nuisances and to provide for the penalty and punishment of the same.

      Eighth-To provide for safeguarding the health of the city. For this purpose, the council, with the mayor who shall be president of the board, shall act as a city board of health, and the council may by ordinance prescribe its duties and powers. The council may elect a secretary of the board of health, who shall be the health officer of the city and have full power as such over all matters pertaining to health sanitation and sanitary matters. The board of health may be empowered, among other things, to inspect all meats, poultry, fish, game, bread, butter, cheese, milk, lard, eggs, vegetables, flour, fruits, meal, and all other food products offered for sale in the city, and to have any such products as are unsound, spoiled, unwholesome or adulterated summarily destroyed, Said board shall have power to make all needful regulations for the preservation of the health and suppression of disease, and to prevent the introduction of contagious, infectious or other diseases into the city; to make quarantine laws and regulations, and the city council shall have power to enforce the same by providing adequate penalties for violations thereof. The council may erect or otherwise acquire a pest house, temporarily or permanently, at such distance from the city limits as it shall deem practicable, and the health officer shall have the power to establish temporary pest house or pest houses in the case of emergency or epidemics. The council may by ordinance prescribe a salary for the health officer, but such salary when fixed shall not be changed so as to increase the same, oftener than once every two years, except temporarily during the period of an emergency caused by dangerous epidemics or the like.


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ê1967 Statutes of Nevada, Page 1574 (Chapter 526, SB 102)ê

 

oftener than once every two years, except temporarily during the period of an emergency caused by dangerous epidemics or the like.

      Ninth-To fix, impose and collect a license tax on, and to regulate all lawful trades, callings, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances, and performances of any and every kind for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and all exhibitions and amusements; to fix, impose and collect a license tax on and regulate all taverns, hotels, restaurants, saloons, eating houses, lunch counters and bar-rooms, lodging houses accommodating four or more lodgers, bankers, brokers of every and all kinds, manufacturers, livery stables, express companies, telegraph and telephone companies, street railway companies operating in whole or in part within said city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress all tippling houses, dram-shops, saloons, bars, bar-rooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress all saloons, bar-rooms, gambling games, places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants and phrenologists, pawn shops, pawn brokers, refreshment or coffee stands, booths and sheds. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests and exhibitions. To fix, impose and collect a license on, regulate, prohibit or prescribe the limit of gambling and gaming houses, gambling and gaming of all kinds, faro and all games of chance, houses of ill-fame, hurdy-gurdy houses, bawd houses, and any and all other places where persons resort to for lewd or lascivious purposes or purposes of lewdness or prostitution, including dance houses having special attractions such as music or otherwise. To fix, impose and collect a license therefrom, and regulate all lawful professions, trades, callings and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders, hotels, butcher shops, slaughter houses, wood and fuel dealers, coal dealers, saddle and harness makers, cigar stores, cigar manufacturers, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separate from hardware stores, hardware stores, paint, paper or oil [stoves,] stores, bicycle repair shops, cycleries, warehouses, cold storage plants, daily, weekly, semi-weekly, monthly and semi-monthly newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, shooting galleries, upholsterers, barber shops, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, bootblack stands, all billiard or pool games or other table games, or games played with cue and balls or other mechanical devices, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, local railroad, telegraph and telephone companies, express companies, stage companies, electric light, water and power companies, bankers, brokers, job printers, manufacturers of soda water or other soft drinks, or of beer, malt, spirituous or vinous liquors or other alcoholic beverages, brewing agencies, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies, agents and solicitors for the same, real estate agents, popcorn, peanut and fruit stands, music stores, dry goods stores, furniture stores, drug stores, undertakers, boot or shoe stores, tamale stands or shops, abstract of title companies or persons furnishing the same, foundries, iron works, notions and notion stores, advertising by bill boards, placards and the like, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all singular, all business, trades and professions including attorneys, doctors, physicians and dentists, and all character of business or callings not herein specifically named; provided, that in fixing any license, the council must have due regard to, and be governed as far as possible by, the amount or volume of business done by each person, firm, company, association or corporation thus licensed and on a pro rata basis; provided further, that no street railway company shall be required to pay municipal license taxes in excess of the sum of twenty dollars a quarter.


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ê1967 Statutes of Nevada, Page 1575 (Chapter 526, SB 102)ê

 

renovating works, dressmaking establishments, local railroad, telegraph and telephone companies, express companies, stage companies, electric light, water and power companies, bankers, brokers, job printers, manufacturers of soda water or other soft drinks, or of beer, malt, spirituous or vinous liquors or other alcoholic beverages, brewing agencies, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies, agents and solicitors for the same, real estate agents, popcorn, peanut and fruit stands, music stores, dry goods stores, furniture stores, drug stores, undertakers, boot or shoe stores, tamale stands or shops, abstract of title companies or persons furnishing the same, foundries, iron works, notions and notion stores, advertising by bill boards, placards and the like, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all singular, all business, trades and professions including attorneys, doctors, physicians and dentists, and all character of business or callings not herein specifically named; provided, that in fixing any license, the council must have due regard to, and be governed as far as possible by, the amount or volume of business done by each person, firm, company, association or corporation thus licensed and on a pro rata basis; provided further, that no street railway company shall be required to pay municipal license taxes in excess of the sum of twenty dollars a quarter. The city council shall have power to fix, impose and collect an annual per capita tax on all dogs and to provide for the destruction of all dogs upon which said tax shall not have been paid; to fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles; to fix, impose and collect a license tax on, or regulate or suppress runners for hotels, taverns or other business.

      Tenth-To prevent and restrain any riot or riotous assemblage, or disorderly conduct within the city, and to provide for the punishment of the same.

      Eleventh-To provide for the formation of a chain-gang for persons convicted of offenses against the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and to prevent their escape while being so employed.

      Twelfth-To provide for conducting all city elections, except the first one hereunder, regular or special, establishing election precincts, changing the same and appointing the necessary officers of election.

      Thirteenth-To regulate the speed at which cars, automobiles, bicycles and other vehicles may run, within the city limits, and to prescribe the length of time any street may be obstructed by cars standing thereon, and to require railway companies either to station flagmen or to place such sufficient warning signal bells on street crossings, as may in the judgment of the council be necessary, and to require street railway cars to be provided with modern fenders, and to have warning or signal bells rung at all street crossings.


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ê1967 Statutes of Nevada, Page 1576 (Chapter 526, SB 102)ê

 

      Fourteenth-To examine all books, papers, reports and statements of the several officers or other persons having custody, care or disbursement of any moneys belonging to the city, and to examine and liquidate all accounts and claims against the city, and to allow or reject the same or any part thereof.

      Fifteenth-To provide for the issuance of all licenses in this charter authorized, and to fix the amount thereof, and to fix the times for, manner of and terms upon which the same shall be issued.

      Sixteenth-To make all appropriations, examine and audit, reject or allow the accounts of all officers, or other persons having the care or custody of any city moneys or property, and to determine the fee or salary of such officer or person, except as herein otherwise provided; to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or a warrant drawn against any fund beyond the actual amount then existing in such fund, wherewith to meet the same; and provided further, that if any debt is created against the city, contrary to the provisions of this charger by the said council, such debt, claim or obligation shall be null and void as against the city, or any of its funds, but every councilman voting in favor of the same shall be held personally liable, jointly and severally, for the entire debt so made and shall be deemed guilty of malfeasance in office, and upon conviction thereof shall be removed therefrom.

      Seventeenth-To control, enlarge or abolish cemeteries and to sell or lease lots therein; to control and regulate the interments therein, and to prohibit them within the city limits, and to prescribe the distance from said limits where the same may be located.

      Eighteenth-To establish, lay out and to change fire limits, and to regulate or prevent the erection or repair of wooden buildings herein; to regulate and prescribe the material to be used in the construction of buildings and sheds in such limits; and to regulate, prescribe or prohibit awnings, porches, signs, placards, or bill boards over sidewalks or across streets and to regulate the same throughout the city.

      Nineteenth-To provide by ordinance for a supplemental registration of all persons possessing the requisite qualification of voters in said city, and whose names do not appear on the official register of voters in said city for the last preceding general election; such registration to be held every two years before the police judge, and conform as nearly as possible with the requirements of general laws governing registration of persons for general elections; provided, that no such supplemental registration shall be taken later than thirty days preceding any regular city election.

      Twentieth-To provide and maintain a city prison and to provide for the guarding, safe keeping, care, feeding and clothing of the city prisoners.

      Twenty-first-To prevent or regulate the running at large within the city of poultry, hogs, sheep, goats, horses, cows, or other animals; to establish a pound and to authorize the impounding, sale or destruction of any animals or fowls found running at large.


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ê1967 Statutes of Nevada, Page 1577 (Chapter 526, SB 102)ê

 

      Twenty-second-To regulate or prohibit the use of steam boilers; the location of telegraph, telephone, electric light and other poles and suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks.

      Twenty-third-To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks or other structures; to prescribe the manner of construction and location of drains and sewers; to lay out, change and create sewer districts; to require connections with sewers; to require owners or leasers of public buildings or buildings used for public purposes, including hotels, dancing halls, theaters and theater buildings, to place in or upon the same, fire escapes and appliances for protection against and the extinguishment of fires; to prevent the construction and cause the removal of dangerous chimneys, stovepipes, ovens and boilers, and to prevent the depositing of sewer filth, offal, manure or other offensive matter in the city; to prevent the depositing of ashes, rubbish, shavings or any combustible material in unsafe places; to regulate and compel the cleaning at the expense of the persons in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish or debris; to compel the abating of nauseous, stinking, or foul privy vaults.

      Twenty-fourth-To regulate the entrance to and exit from theaters, lecture rooms, public halls and churches and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools or benches in, or crowding or otherwise obstructing the aisles, entrances or exits of such places.

      Twenty-fifth-To regulate and control the construction and maintenance of any tubes, pipes or pipe lines, ditches, signal bells, warning signs and other electric, telegraph and mechanical appliances, in, along, over, under and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or extinguishment of fires, or permanently with the free use of the streets, sidewalks or alleys.

      Twenty-sixth-To require every railway company to keep the streets in repair between the tracks, and along and within the distance of at least two feet upon each side of the tracks.

      Twenty-seventh-To require, upon such notice as the council may direct, any noxious or offensive smell, filth or debris, to be abated, removed or otherwise destroyed, at the expense of the person or persons causing, committing or responsible therefor; and the council, in like manner, may require or cause any lots or portions of lots, covered by stagnant water for any period, to be filled up to such level as will prevent the same from being so covered, and may assess the cost of filling upon such real estate, and provide that it shall be a lien thereon, in which case said lien shall be enforced as in other cases herein provided for.

      Twenty-eighth-To provide for and regulate the manner of weighing all food products and food stuffs, and hay, grain, straw and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test, and provide for the inspection and sealing of all weights and measures throughout the city, and enforce the keeping by traders and dealers, of proper weights and measures duly tested and sealed, and by ordinance, provide a penalty for using of false weights or measures.


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ê1967 Statutes of Nevada, Page 1578 (Chapter 526, SB 102)ê

 

throughout the city, and enforce the keeping by traders and dealers, of proper weights and measures duly tested and sealed, and by ordinance, provide a penalty for using of false weights or measures.

      Twenty-ninth-To restrain and punish [vagrants, drunkards,] disorderly persons, common prostitutes [, mendicants, street beggars, house beggars,] and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured or unfortunate persons from displaying their infirmities for the purpose of receiving alms, and to prevent and punish drunkenness, obscene language or conduct, indecent exposure of person, loud and threatening or lewd or obscene language, or profane language in the presence and hearing of women or children, and all obnoxious, offensive, indecent and disorderly conduct and practices within the city; to prevent and punish the discharging of firearms in the city; the lighting of fires in yards, streets, or alleys or other unsafe places, or anywhere within the city; to prevent and punish fast horseback riding, or the riding or breaking to drive, of wild or unmanageable horses in the city; to require that all horses when left standing, shall be hitched to post or weight; to prescribe the length of time horses may be left tied, hitched or otherwise, in the city.

      Thirtieth-To regulate the use and sale of water, gas, electric and other lights in the city; to fix and determine the maximum price thereof as well as the maximum rental price of all water and gas and electric light meters in the city, and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the maximum charges for telephone, telephone service and connections within the city.

      Thirty-first-To regulate lodging, tenement and apartment houses having four or more lodgers to prevent the overcrowding of the same, and to require the same to be kept in a sanitary condition.

      Thirty-second- To adopt and enforce by ordinance, all such measures and establish all such regulations, in case no express provision is in this charter made, as the council may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of said city, the preservation of peace and good order, the promotion of public morals and the suppression of vice in the city, and to pass ordinances upon any other subject of municipal control, or to carry into force or effect any other powers of the city, and to do and perform any, every and all other acts and things necessary for the execution of powers conferred or which may be necessary to fully carry out the intent, purposes and object thereof.

      Thirty-third-To select, appoint and employ an engineer, surveyor, architect or other skilled mechanic or person, from time to time, whenever in the judgment of the council it shall be necessary or expedient, for the purpose of preparing plans for, or supervising the construction of or directing any public work; the salary or compensation, duties and responsibilities of such person to be fixed, determined and fully defined by ordinance.

      Thirty-fourth-To prescribe fines, forfeitures and penalties for the breach or violation of any ordinance, or of any provision of this charter, but no penalty shall exceed the amount of five hundred dollars or six months imprisonment, or both such fine and imprisonment.


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ê1967 Statutes of Nevada, Page 1579 (Chapter 526, SB 102)ê

 

breach or violation of any ordinance, or of any provision of this charter, but no penalty shall exceed the amount of five hundred dollars or six months imprisonment, or both such fine and imprisonment.

      Thirty-fifth-To require of and prescribe the amount and conditions of official bonds from the members of the council and all the officers of the city, whether elective or appointive.

      Thirty-sixth-To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper courts, whenever necessary, in their judgment, to enforce or maintain any right of the city, and they may in like manner, defend all actions against the city; to institute and maintain any suit against any property owner refusing or neglecting to pay as assessed by the council, his ratable proportion of the cost of paving, grading or otherwise improving any street, or building any sidewalk or other improvement, which benefits any such property or owner thereof.

      Thirty-seventh-To hold, manage, use and dispose of all real and personal property of the city, and to enforce the collecting and payment of all dues or demands of every nature and kind, belonging or inuring to the city, but no sales of property shall be made until after it shall have been appraised by three appraisers, residents and taxpayers of the city, at the market value, nor shall it be sold for less than seventy-five percent of such appraised value; provided, that no park or property acquired for park purposes shall be sold or in any manner disposed of.

      Thirty-eighth-Any property, real or personal necessary or required for the public use of the city may be condemned and appropriated in the manner now prescribed by law, and all rights of eminent domain may be exercised by the city in relation thereto.

      Sec. 16.  This act shall become effective at 12:02 a.m. on July 1, 1967.

 

________

 

 

CHAPTER 527, AB 485

Assembly Bill No. 485–Committee on Social Welfare

 

CHAPTER 527

 

AN ACT to amend chapter 426 of NRS, relating to blind persons, by dividing the obligation of payment of certain administrative costs between the services to the blind division and the welfare division of the department of health and welfare.

 

[Approved April 26, 1967]

 

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

do enact as follows:

 

      Section 1.  NRS 426.025 is hereby amended to read as follows:

      426.025  Costs of administration of [this chapter] NRS 426.010 to 426.500, inclusive, shall be paid out on claims presented by the welfare division of the department of health, welfare and rehabilitation in the same manner as other claims against the state are paid.

      Sec. 2.  Chapter 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:


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

ê1967 Statutes of Nevada, Page 1580 (Chapter 527, AB 485)ê

 

      Costs of administration of NRS 426.520 to 426.720, inclusive, shall be paid out on claims presented by the services to the blind division of the department of health, welfare and rehabilitation in the same manner as other claims against the state are paid.

      Sec. 3.  This act shall become effective at 12:02 a.m. on July 1, 1967.

 

________

 

 

CHAPTER 528, SB 34

Senate Bill No. 34–Senator Pozzi

 

CHAPTER 528

 

AN ACT relating to group insurance for state officers and employees; changing the number of members and composition of the committee on group insurance; increasing the state’s share of premiums and providing enrollment periods of new employees and the effective date of enrollment; and providing other matters properly relating thereto.

 

[Approved April 26, 1967]

 

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

do enact as follows:

 

      Section 1.  NRS 287.041 is hereby amended to read as follows:

      287.041  There is hereby created the committee on group insurance to be composed of [seven] five members as follows:

      1.  [One member shall be selected by the president of the Nevada State Employees’ Association.

      2.  One member shall be designated by the state controller from his staff, to carry out the administrative functions of NRS 287.041 to 287.049, inclusive.

      3.  One member shall be designated by the director of the budget from his staff.

      4.  One member shall be designated by the chief of the personnel division of the department of administration from his staff.

      5.  One member shall be designated by the executive director of the employment security department from his staff.

      6.  One member shall be designated by the chief administrative officer of the department of highways from his staff.

      7.  One member shall be designated by the president of the University of Nevada from his staff.] Two members shall be selected by the board of directors of the Nevada State Employees’ Association.

      2.  One member shall be the director of the department of administration.

      3.  Two members shall be appointed by the governor.

      Sec. 2.  NRS 287.044 is hereby amended to read as follows:

      287.044  A part of the cost of the monthly premiums of such group insurance, not to exceed [50 percent of such cost or $3] $8.54 for each state or participating school district officer or employee electing to participate in the group insurance program, [whichever is smaller,] may be paid by the department, agency, commission or school district which employs the officer or employee in whose behalf such part is paid from funds appropriated to or authorized for such department, agency, commission or school district for such purpose.


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

ê1967 Statutes of Nevada, Page 1581 (Chapter 528, SB 34)ê

 

funds appropriated to or authorized for such department, agency, commission or school district for such purpose.

      Sec. 3.  NRS 287.045 is hereby amended to read as follows:

      287.045 1.  Every state officer or employee who is employed on a permanent and full-time basis on July 1, 1963, shall be eligible immediately to participate in the state’s group insurance program.

      2.  Except as provided in subsection 3, every officer or employee of the state who commences his employment after July 1, 1963, shall be eligible to participate in such program upon the completion of [6 months] 90 days of full-time employment.

      3.  University of Nevada professional employees with annual employment contracts shall be eligible to participate in such program upon the effective dates of their respective employment contracts.

      4.  Every officer or employee who is employed by a participating school district on a permanent and full-time basis on the date such school district enters into an agreement to participate in the state’s group insurance program, and every officer or employee who commences his employment after that date upon completion of [6 months] 90 days of full-time employment, shall be eligible to participate in the state’s group insurance program.

      Sec. 4.  1.  Section 2 of this act shall become effective upon passage and approval of this act.

      2.  Sections 1 and 3 of this act shall become effective on July 1, 1967.

 

________

 

 

CHAPTER 529, SB 251

Senate Bill No. 251–Committee on State Institutions

 

CHAPTER 529

 

AN ACT appropriating money from the general fund in the state treasury to the department of administration for the support of the Spring Mountain Youth Camp in Clark County, Nevada, during the fiscal years 1967-1969, and providing other matters properly relating thereto.

 

[Approved April 26, 1967]

 

      Whereas, In accordance with NRS 244.297, the board of county commissioners of Clark County has established and is maintaining and operating a juvenile forestry camp known as the Spring Mountain Youth Camp; and

      Whereas, The State of Nevada is benefited by the operation of such camp because it transfers a substantial financial burden from the Nevada youth training center in Elko County, Nevada; and

      Whereas, It is a proper governmental function of the State of Nevada to contribute to the support of such juvenile forestry camp; now, therefore,

 

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

do enact as follows:

 

      Section 1.  1.  There is hereby appropriated from the general fund in the state treasury to the department of administration for the support of the Spring Mountain Youth Camp in Clark County, Nevada:


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

ê1967 Statutes of Nevada, Page 1582 (Chapter 529, SB 251)ê

 

      (a) For the fiscal year commencing July 1, 1967, and ending June 30, 1968, the sum of $54,000.

      (b) For the fiscal year commencing July 1, 1968, and ending June 30, 1969, the sum of $60,000.

      2.  Commencing on August 1, 1967, and on the 1st day of each month thereafter until August 1, 1969, the board of county commissioners of Clark County may file claims with the director of the department of administration for payments from the moneys herein appropriated in an amount equal to the number of boys committed to the Spring Mountain Youth Camp by courts of competent jurisdiction and actually confined in the camp during the previous month multiplied by $100 but no such monthly claim shall:

      (a) During the fiscal year commencing July 1, 1967, and ending June, 30, 1968, exceed the sum of $4,500.

      (b) During the fiscal year commencing July 1, 1968, and ending June 30, 1969, exceed the sum of $5,000.

      3.  Any moneys remaining of the sum appropriated by paragraph (a) of subsection 1 on September 1, 1968, shall revert to the general fund in the state treasury. Any moneys remaining of the sum appropriated by paragraph (b) of subsection 1 on September 1, 1969, shall revert to the general fund in the state treasury.

      Sec.2.  All claims submitted by the board of county commissioners of Clark County pursuant to the provisions of section 1, shall, after approval by the director of the department of administration, be paid as other claims against the state are paid.

 

________

 

 

CHAPTER 530, SB 525

Senate Bill No. 525–Senators Herr and Gibson

 

CHAPTER 530

 

AN ACT relating to public education; to authorize school districts to employ teachers to instruct in state juvenile training schools; and providing other matters properly relating thereto.

 

[Approved April 26, 1967]

 

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

do enact as follows:

 

      Section1.  NRS 388.550 is hereby amended to read as follows:

      388.550  With the approval of the juvenile court and the board of county commissioners, the board of trustees of a school district may employ necessary legally qualified teachers for the instruction of children detained in:

      1.  A detention home which is maintained by the county pursuant to the provisions of NRS 62.180.

      2.  A juvenile forestry camp established by the county pursuant to the provisions of NRS 244.297.

      3.  A juvenile training school established by the state pursuant to the provisions of chapter 210 of NRS.


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

ê1967 Statutes of Nevada, Page 1583 (Chapter 530, SB 525)ê

 

      Sec.2.  NRS 388.560 is hereby amended to read as follows:

      388.560  Only courses of instruction approved by the state board of education shall be given in such detention homes, juvenile training schools or juvenile forestry camps. Necessary textbooks, equipment and supplies shall be furnished by the school district.

      Sec.3.  NRS 388.570 is hereby amended to read as follows:

      388.570  As required by subsection 2 of section 4 of [this act,] chapter 322, Statutes of Nevada 1967, the state board of education shall establish rules and regulations for the computation of average daily attendance of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive.

      Sec.4.  This act shall become effective at 12:01 a.m. on July 1, 1967.

 

________

 

 

CHAPTER 531, SB 512

Senate Bill No. 512–Senator Pozzi

 

CHAPTER 531

 

AN ACT relating to the support of public schools; making an appropriation to the state distributive school fund for the support of the Ormsby County school district; and providing other matters properly relating thereto.

 

[Approved April 26, 1967]

 

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

do enact as follows:

 

      Section1.  1.  There is hereby appropriated to the state distributive school fund the sum of $140,000 on the effective date of this act, to be paid by the state board of education to the Ormsby County school district as follows:

      (a) On May 1, 1967, the sum of $68,000.

      (b) On May 1, 1968, the sum of $72,000.

      2.  The moneys herein appropriated and directed to be paid to the Ormsby County school district shall be in addition to any apportionments of the state distributive school fund made to the Ormsby County school district pursuant to law.

      Sec.2.  Section 175 of chapter 322, Statutes of Nevada 1967, is hereby amended to read as follows:

      Section 175.  1.  Section 13, 14 [and] , 158.5 and 175 of this act shall become effective upon passage and approval.

      2.  Sections 1 to 7, inclusive, 9, 11, 12, 15 to 158, inclusive, 159 to 172, inclusive, and 174 of this act shall become effective on July 1, 1967.

      3.  Sections 8, 10 and 173 of this act shall become effective at 12:01 a.m. on July 1, 1967.

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

 

________

 


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

ê1967 Statutes of Nevada, Page 1584ê

 

CHAPTER 532, SB 508

Senate Bill No. 508–Committee on Legislative Functions

 

CHAPTER 532

 

AN ACT to amend NRS 218.230, relating to senate and assembly employees, by increasing certain salaries and adding a supervisor of senate clerks.

 

[Approved April 26, 1967]

 

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

 

      Section1.  NRS 218.230 is hereby amended to read as follows:

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

                                                                                Senate

 

Assistant secretary............................................................................................ [$22]

    $25

Clerks............................................................................................................................

       12

Committee stenographer................................................................................... [18]

       22

History clerk......................................................................................................... [20]

       22

Journal clerk......................................................................................................... [20]

       22

Minute clerk......................................................................................................... [20]

       22

Page...............................................................................................................................

       12

Secretary......................................................................................................................

       40

Sergeant-at-arms................................................................................................. [16]

       20

Stenographers...................................................................................................... [16]

       18

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

       16

 

                                                                                Assembly

 

Assistant chief clerk.......................................................................................... [$22]

    $25

Chief clerk....................................................................................................................

       40

Clerks............................................................................................................................

       12

Committee stenographer................................................................................... [18]

       22

History clerk......................................................................................................... [20]

       22

Journal clerk......................................................................................................... [20]

       22

Minute clerk......................................................................................................... [20]

       22

Pages.............................................................................................................................

       12

Sergeant-at-arms................................................................................................. [16]

       20

Stenographers...................................................................................................... [16]

       18

Supply clerk.......................................................................................................... [13]

       14

Typists................................................................................................................... [13]

       14

 

________

 


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

ê1967 Statutes of Nevada, Page 1585ê

 

CHAPTER 533, SB 503

Senate Bill No. 503–Committee on Finance

 

CHAPTER 533

 

AN ACT making an appropriation for the relief of certain payees of stale state warrants.

 

[Approved April 26, 1967]

 

      Whereas, By the provisions of NRS 353.130 state warrants are void if not presented for payment within 90 days of issuance; and

      Whereas, Warrants bearing the following numbers and dates and made payable to the order of the following-named individuals for the stated itemized amounts were heretofore issued by the state controller and the state treasurer and were not presented of payment within the time allowed by law:

 

          Warrant No.               Payee                                         Date                                     Amount

            63104                R. Wolford                            May 5, 1964........................       $7.00

            36038                Peter Echeverria                   January 14, 1965...............       89.00

            30272                Peter Echeverria                   December 14, 1965............       36.00

            32439                Peter Echeverria                   December 24, 1965............       26.50

                                                                                                                                        ______

                                                                                                                                         $158.50

 

and

      Whereas, Such amounts represented by such stale warrants constitute debts of the State of Nevada; now, therefore,

 

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

 

      Section1.  1.  There is hereby appropriated from the general fund in the state treasury the sum of $158.50, to be paid as follows:

 

             R. Wolford......................................................................................................       $7.00

             Peter Echeverria.............................................................................................    151.50

 

      2.  The state controller is directed to draw his warrants for the sums specified above, and the state treasurer is directed to pay such warrants.

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

 

________

 

 

CHAPTER 534, SB 470

Senate Bill No. 470–Committee on Finance

 

CHAPTER 534

 

AN ACT relating to gaming licenses; establishing procedures for issuing gaming licenses to corporations; and providing other matters properly relating thereto.

 

[Approved April 26, 1967]

 

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

do enact as follows:

 

      Section1.  NRS 463.170 is hereby amended to read as follows:

      463.170  1.  Any person who the commission shall determine is a suitable person to receive a license under the provisions of this chapter, having due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada, may be issued a state gaming license.


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

ê1967 Statutes of Nevada, Page 1586 (Chapter 534, SB 470)ê

 

safety, morals, good order and general welfare of the inhabitants of the State of Nevada, may be issued a state gaming license. The burden of proving his qualification to receive or hold any license hereunder shall be at all times on the applicant or licensee.

      2.  The commission may in its discretion grant a license to a corporation which has complied with the provisions of sections 3 to 7, inclusive, of this act.

      3.  No [corporation,] limited partnership, business trust or organization or other association of a quasi-corporate character shall be eligible to receive or hold any license under this chapter unless all persons having any direct or indirect interest therein of any nature whatsoever, whether financial, administrative, policymaking or supervisory, are individually qualified to be licensed under the provisions of this chapter.

      [3.] 4.  The commission may, by regulation, limit the number of persons who may be financially interested and the nature of such interest in any corporation or other organization or association licensed under this chapter, and establish such other qualifications for licenses as they may, in their uncontrolled discretion, deem to be in the public interest.

      Sec.2.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 18, inclusive, of this act.

      Sec.3.  In order to be eligible to receive a state gaming license, a corporation shall:

      1.  Be incorporated in the State of Nevada, although such corporation may be a wholly or partly owned subsidiary of a corporation which is chartered in another state of the United States;

      2.  Maintain an office of the corporation on the licensed premises;

      3.  Comply with all of the requirements of the laws of the State of Nevada pertaining to corporations; and

      4.  Maintain a ledger in the principal office of the corporation in Nevada, which shall:

      (a) At all times reflect the ownership of every class of security issued by the corporation; and

      (b) Be available for inspection by the board, commission and their authorized agents, at all reasonable times without notice.

      Sec.4.  1.  No corporation is eligible to receive a state gaming license unless the conduct of gaming is among the purposes stated in its articles of incorporation.

      2.  The secretary of state shall not accept for filing any articles of incorporation which include as a stated purpose the conduct of gaming, or any amendment thereto or any amendment which adds such purpose to articles of incorporation already filed, unless such articles or amendment have been approved by the commission.

      3.  In addition to any other requirement provided by law, no public offering of any security of any Nevada corporation whose articles of incorporation include as a stated purpose the conduct of gaming may be made unless such public offering has been approved by the commission.

      Sec.5.  1.  The sale, assignment, transfer, pledge or other disposition of any security issued by a Nevada corporation which holds a state gaming license is ineffective unless approved in advance by the commission.

      2.  If at any time the commission finds that an individual owner of any such security is unsuitable to continue as a gaming licensee in this state, such owner shall immediately offer such security to the issuing corporation for purchase.


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

ê1967 Statutes of Nevada, Page 1587 (Chapter 534, SB 470)ê

 

any such security is unsuitable to continue as a gaming licensee in this state, such owner shall immediately offer such security to the issuing corporation for purchase. If the corporation does not purchase any such security, the owner may offer it to other purchasers, subject to prior approval by the commission as provided in subsection 1.

      3.  Beginning upon the date when the commission serves notice of a determination of unsuitability pursuant to subsection 2 upon the Nevada corporation, it is unlawful for the unsuitable owner:

      (a) To receive any dividend or interest upon any such security;

      (b) To exercise, directly or through any trustee or nominee, any voting right conferred by such security; or

      (c) To receive any remuneration in any form from the Nevada corporation, for services rendered or otherwise.

      4.  Every security issued by a Nevada corporation which holds a gaming license shall bear a statement, on both sides of the certificate evidencing such security, of the restrictions imposed by this section.

      Sec.6.  The Nevada corporation shall register as a corporation with the board, and shall provide the following information to the board:

      1.  The organization, financial structure and nature of the business to be operated, including the names, personal history and fingerprints of all officers, directors and key employees, and the names, addresses and number of shares held by all stockholders.

      2.  The rights and privileges acquired by the holders of different classes of authorized securities, including debentures.

      3.  The terms on which securities are to be offered.

      4.  The terms and conditions of all outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device.

      5.  The extent of the equity security holding in the corporation of all officers, directors and underwriters, and their remuneration as compensation for services, in the form of salary, wages, fees or otherwise.

      6.  Remuneration to persons other than directors and officers exceeding $20,000 per annum.

      7.  Bonus and profit-sharing arrangements.

      8.  Management and service contracts.

      9.  Options existing, or to be created.

      10.  Balance sheets for at least the 3 preceding fiscal years, or, if the corporation has not been incorporated for a period of 3 years, balance sheets from the time of its incorporation. All balance sheets shall be certified by independent public accountants certified or registered in the State of Nevada.

      11.  Profit and loss statements for at least the 3 preceding fiscal years, or, if the corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. All profit and loss statements shall be certified by independent public accountants certified or registered in the State of Nevada.

      12.  Any further financial data which the board may deem necessary or appropriate for the protection of the State of Nevada, or licensed gambling, or both.

      Sec.7.  All officers and directors of the corporation must be licensed individually, according to the provisions of this chapter, and if, in the judgment of the commission, the public interest will be served by requiring any or all of the corporation’s individual stockholders, lenders, holders of evidence of indebtedness, underwriters, key executives, agents or employees to be licensed, the corporation shall require such persons to apply for a license in accordance with the laws and requirements in effect at the time the commission requires such licensing.


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

ê1967 Statutes of Nevada, Page 1588 (Chapter 534, SB 470)ê

 

judgment of the commission, the public interest will be served by requiring any or all of the corporation’s individual stockholders, lenders, holders of evidence of indebtedness, underwriters, key executives, agents or employees to be licensed, the corporation shall require such persons to apply for a license in accordance with the laws and requirements in effect at the time the commission requires such licensing.

      Sec.8.  1.  After licensing, but before the corporation may do any of the following:

      (a) Issue or transfer any security to any person;

      (b) Change any of the corporate officers; or

      (c) Change any of the members of its board of directors,

it shall file a report of its proposed action with the board and commission, which report shall request the approval of the commission. The commission shall have 60 days within which to approve or deny the request.

      2.  If the commission denies the request, the corporation shall not perform any of the acts set forth in paragraphs (a) to (c), inclusive, of subsection 1.

      Sec.9.  After licensing, the corporation shall:

      1.  Report to the board and commission in writing any change in corporate personnel who have been designated by the board or commission as key executives.

      2  Furnish the board an annual profit and loss statement, annual balance sheet, and a copy of its federal income tax return within 30 days after such return is filed with the Federal Government.

      Sec.10.  1.  If the commission finds any key executive unsuitable to hold a gaming license in the State of Nevada, the corporation shall, within 30 days of notification by registered or certified United States mail to the corporation of such finding, terminate the appointment or employment of any such unsuitable person.

      2.  If the corporation names a person to replace the person found unsuitable, it shall promptly notify the commission of such action and shall cause such person to apply for a gaming license in the event his predecessor had such a license.

      Sec.11.  If the Nevada corporation applying for a license is owned or controlled in whole or in part by a corporation which is chartered in any jurisdiction other than Nevada (such out-of-state corporation being hereinafter in sections 11 to 18, inclusive, of this act referred to as the “foreign corporation”), the foreign corporation must:

      1.  Qualify to do business in the State of Nevada pursuant to the laws of Nevada.

      2.  Appoint the secretary of state of Nevada and his successor in office its true and lawful attorney in and for the State of Nevada upon whom all lawful processes in any action or proceeding against it may be served in like manner and with the same effect as if served on the foreign corporation within the State of Nevada.

      3.  Have the conduct of gaming among the purposes stated in its articles of incorporation.

      4.  Execute an agreement with the commission, on behalf of the State of Nevada, waiving and releasing any and all rights it may have to a vested interest in a Nevada gaming license for itself or its subsidiary Nevada corporation and agreeing to be bound by any decision of the commission, which is in accordance with the laws of the State of Nevada and the regulations of the commission at the time the decision is made, to revoke, limit, condition or suspend the license of its subsidiary corporation or to fine either the subsidiary corporation or the foreign corporation.


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

ê1967 Statutes of Nevada, Page 1589 (Chapter 534, SB 470)ê

 

commission, which is in accordance with the laws of the State of Nevada and the regulations of the commission at the time the decision is made, to revoke, limit, condition or suspend the license of its subsidiary corporation or to fine either the subsidiary corporation or the foreign corporation.

      5.  Maintain an office on the licensed premises in Nevada.

      6.  Comply with all of the requirements of the laws of the State of Nevada pertaining to corporations.

      7.  Maintain a ledger in its principal office in Nevada, which shall:

      (a) At all times reflect the ownership of every class of security issued by the foreign corporation; and

      (b) Be available for inspection by the board, commission and their authorized agents at all reasonable times without notice.

      8.  Avoid any public offering of any of its securities unless such public offering has been approved by the commission.

      9.  Register as a corporation with the board, and provide the following information to the board:

      (a) The organization, financial structure and nature of the business of the foreign corporation, including the names, personal history and fingerprints of all officers, directors and key employees, and the names, addresses and number of shares held by all stockholders.

      (b) The rights and privileges accorded the holders of different classes of authorized securities of the foreign corporation, including debentures.

      (c) The terms on which its securities are to be, and during the preceding 3 years have been, offered to the public or otherwise.

      (d) The terms and conditions of all its outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device.

      (e) The extent of the equity security holdings in the foreign corporation of all officers, directors and underwriters, and their remuneration as compensation for services, in the form of salaries, wages, fees or otherwise.

      (f) Remuneration to persons other than directors and officers exceeding $20,000 per annum.

      (g) Bonus and profit-sharing arrangements.

      (h) Management and service contracts.

      (i) Options existing or to be created in respect of its securities.

      (j) Balance sheets for at least the 3 preceding fiscal years, or, if the foreign corporation has not been incorporated for a period of 3 years, balance sheets form the time of its incorporation. All balance sheets shall be certified by independent public accountants certified or registered in the State of Nevada.

      (k) Profit and loss statements for at least the 3 preceding fiscal years, or, if the foreign corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. All profit and loss statements shall be certified by independent public accountants certified or registered in the State of Nevada.

      (l) Any further financial date which the board may deem necessary or appropriate for the protection of the State of Nevada, or licensed gambling, or both. The board or commission may in its discretion make such investigation of the foreign corporation or any persons associated therewith as it deems necessary.


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

ê1967 Statutes of Nevada, Page 1590 (Chapter 534, SB 470)ê

 

      Sec.12.  All officers and directors of the foreign corporation must be licensed individually, according to the provisions of this chapter, and if, in the judgment of the commission, the public interest will be served by requiring any or all of such foreign corporation, individual stockholders, lenders, holders of evidence of indebtedness, underwriters, key executives, agents or employees to be licensed, such foreign corporation shall require such persons to apply for a license in accordance with the laws and requirements in effect at the time the commission requires such licensing.

      Sec.13.  1.  After licensing, but before the foreign corporation may do any of the following:

      (a) Transfer any security (other than a security issued by it) to any person;

      (b) Change any of its corporate officers; or

      (c) Change any of the members of its board of directors,

it shall file a report of its proposed action with the board and commission, which report shall request the approval of the commission. The commission shall have 60 days within which to approve or deny the request.

      2.  If the commission denies the request, the foreign corporation shall not perform any of the acts set forth in paragraphs (a) to (c), inclusive, of subsection 1.

      Sec.14.  After licensing, the foreign corporation shall:

      1.  Report to the board and commission in writing any change in corporate personnel who have been designated by the board or commission as key executives.

      2.  Furnish the board an annual profit and loss statement, annual balance sheet, and a copy of its federal income tax return within 30 days after such return is filed with the Federal Government.

      Sec.15.  1.  If the commission finds any key executive of the foreign corporation unsuitable to hold a gaming license in the State of Nevada, the foreign corporation shall, within 30 days of notification by registered or certified United States mail of such finding, terminate the appointment or employment of any such unsuitable person.

      2.  If the foreign corporation names a person to replace the person found unsuitable, it shall promptly notify the commission of such action and shall cause such person to apply for a gaming license in the event his predecessor had such a license.

      Sec.16.  1.  The sale, assignment, transfer, pledge or other disposition of any security issued by the foreign corporation is ineffective unless approved in advance by the commission.

      2.  If at any time the commission finds that an individual owner of any such security is unsuitable to continue as a gaming licensee in this state, such owner shall immediately offer such security to the issuing corporation for purchase. If the issuing corporation does not purchase any such security, the owner may offer it to other purchasers, subject to prior approval by the commission as provided in subsection 1.

      3.  Beginning upon the date when the commission serves notice of a determination of unsuitability pursuant to subsection 2 upon the foreign corporation, it is unlawful for the unsuitable owner to:

      (a) Receive any dividend or interest upon any such security;


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

ê1967 Statutes of Nevada, Page 1591 (Chapter 534, SB 470)ê

 

      (b) Exercise, directly or through any trustee or nominee, any voting right conferred by such security; or

      (c) Receive any remuneration in any form from the foreign corporation, for services rendered or otherwise.

      4.  Every security issued by the foreign corporation shall bear a statement, on both sides of the certificate evidencing such security, of the restrictions imposed by this section.

      Sec.17.  If any corporation, including but not limited to the foreign corporation, does not comply with all of the provisions of this chapter and the regulations of the commission, the commission may revoke, limit, condition or suspend the license of the Nevada corporation or fine either the Nevada corporation or the foreign corporation in accordance with the laws of the State of Nevada and the regulations of the commission.

      Sec.18.  Sections 11 to 17, inclusive, of this act are not applicable to existing public corporations:

      1.  Having:

      (a) A net worth (determined in accordance with generally accepted accounting principles consistently applied) of not less than $50,000,000; and

      (b) Not less than 10,000 stockholders; and

      2.  That, as of January 1, 1967, would have been obligated to comply with sections 11 to 17, inclusive, of this act had such sections been in effect on such date.

      Sec.19.  NRS 463.160 is hereby amended to read as follows:

      463.160  1.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:

      (a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any game or slot machine as defined in this chapter, or to operate, carry on, conduct or maintain any horse-race book or sports pool; or

      (b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or

      (c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running, carrying on or permitting the same to be carried on,

without having first procured, and thereafter maintaining in full force and effect, all federal, state, county and municipal gaming licenses as required by statute or ordinance or by the governing board of any unincorporated city or town.

      2.  It is unlawful for any person to lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest or any percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license for the same.

      3.  It is unlawful for any person to lend, let, lease or otherwise deliver or furnish, except by a bona fide sale, any slot machine under guise of any agreement whatever whereby any consideration whatever is paid or is payable for the right to possess or use such slot machine, whether such consideration is measured by a percentage of the revenue derived from such machine or by a fixed fee or otherwise, without having first procured a state gaming license for the same.


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

ê1967 Statutes of Nevada, Page 1592 (Chapter 534, SB 470)ê

 

consideration is measured by a percentage of the revenue derived from such machine or by a fixed fee or otherwise, without having first procured a state gaming license for the same.

      4.  It is unlawful for any person to furnish services or property, real or personal, on a contract, lease or license basis, pursuant to which such person receives payments based on earnings or profits or otherwise from any gambling game, including any slot machine, without having first procured a state gaming license; but the provisions of this subsection do not include any such person:

      (a) Whose payments are a fixed sum determined in advance on a bona fide basis; and

      (b) Receiving such payments on January 1, 1967.

      5.  Any person who shall knowingly permit any gambling game, slot machine or device to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, except by a person who is licensed hereunder, or his employee, shall be guilty of a gross misdemeanor.

      [5.] 6.  Any licensee who puts additional games or slot machines into play or displays such games or slot machines in a public area without authority of the commission to do so is subject to the penalties provided in NRS 463.310.

      Sec.20.  This act shall become effective at 12:01 a.m. on July 1, 1967.

 

________

 

 

CHAPTER 535, SB 457

Senate Bill No. 457–Senator Dodge

 

CHAPTER 535

 

AN ACT relating to the licensing of contractors, setting forth the classifications of licenses and additional requirements for qualifying for a license; making certain records confidential; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 26, 1967]

 

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

do enact as follows:

 

      Section1.  NRS 624.110 is hereby amended to read as follows:

      624.110  1.  The board may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter, but it shall maintain one office in which there shall be at all times open to public inspection a complete record of applications, licenses issued, licenses renewed and all revocations, cancellations and suspensions of licenses.

      2.  Credit reports, references, investigative memoranda and financial information or data pertaining to a licensee’s net worth shall be confidential and not open to public inspection.

      Sec.2.  NRS 624.220 is hereby amended to read as follows:

      624.220  1.  The board may adopt rules and regulations necessary to effect the classification and subclassification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage [.]


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

ê1967 Statutes of Nevada, Page 1593 (Chapter 535, SB 457)ê

 

consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage [.] as defined by section 7 of this act and the rules and regulations of the board.

      2.  The board may limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractor’s license, and such limit shall be the maximum contract a licensed contractor shall undertake under a specific contract [.] on a single construction site or subdivision site for a single client. The board may take such other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public. The limit, if any, shall be determined after consideration of the factors set forth in subsection 1 of NRS 624.260.

      3.  Nothing contained in this section shall prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.

      Sec.3.  NRS 624.260 is hereby amended to read as follows:

      624.260  1.  The board shall require an applicant to show such a degree of experience, financial responsibility and such general knowledge of the building, safety [and] , health and lien laws of the State of Nevada and the rudimentary principles of the contracting business as the board shall deem necessary for the safety and protection of the public.

      2.  An applicant may qualify in regard to his experience and knowledge in the following ways:

      (a) If an individual, he may qualify by personal appearance or by the appearance of his responsible managing employee.

      (b) If a copartnership, a corporation or any other combination or organization, it may qualify by the appearance of the responsible managing officer or member of the personnel of such applicant firm.

      3.  The individual qualifying on behalf of an individual or firm under paragraphs (a) and (b) of subsection 2 shall allege and prove that he is a bona fide member or employee of such individual or firm and at all times, when his principal or employer is actively engaged as a contractor, shall exercise and be in a position to exercise authority in connection with his principal or employer’s contracting business in the following manner:

      (a) To make technical and administrative decisions.

      (b) To hire, superintend, promote, transfer, lay off, discipline or discharge other employees and to direct them, either by himself or through others, or effectively recommend such action on behalf of his principal or employer.

      Sec.4.  NRS 624.280 is hereby amended to read as follows:

      624.280  The board in its discretion is authorized to fix application, examination and annual license fees to be paid by applicants and licensees under the terms of this chapter, but the application and examination fee shall not exceed [$50] $100 and the annual license fee shall not exceed [$50] $100 per year.


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

ê1967 Statutes of Nevada, Page 1594 (Chapter 535, SB 457)ê

 

      Sec.5.  NRS 624.300 is hereby amended to read as follows:

      624.300  The board shall have power [either] to suspend or revoke licenses already issued, [and] to refuse renewals of licenses [when the applicant or licensee:] , to impose limits on the field, scope and monetary limit of the license as provided in NRS 624.220 or to reprimand or to take other less severe disciplinary action if the licensee:

      1.  Has been guilty of acts of conduct harmful to either the safety or protection of the public; or

      2.  Has been guilty of dishonesty, fraud and deceit whereby injury has been sustained by another; or

      3.  Cannot establish financial responsibility at the time of renewal; or

      4.  Has failed to comply with and complete a contract;

      5.  Has been guilty of improper diversion of funds, misuse or misappropriation of funds, willful delay in completion of construction and the like; or

      6.  Permits any person, firm or corporation not licensed under this chapter to use the license of such licensee to perform work in the state which would require a license under this chapter.

      Sec.6.  Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 11 inclusive, of this act.

      Sec.7.  1.  For the purpose of classification, the contracting business includes any or all of the following branches:

      (a) General engineering contracting.

      (b) General building contracting.

      (c) Specialty contracting.

      2.  A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works, including irrigation, drainage, water supply, water power, flood control, harbors, railroads, highways, tunnels, airports and airways, sewers and sewage disposal systems, bridges, inland waterways, pipelines for transmission of petroleum and other liquid or gaseous substances, refineries, chemical plants and industrial plants requiring a specialized engineering knowledge and skill, power plants, piers and foundations and structures or work incidental thereto.

      3.  A general building contractor is a contractor whose principal contracting business is in connection with any structures built, being built, or to be built, for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.

      4.  A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.

      Sec.8.  1.  A licensee may make application for classification and be classified in one or more classifications if the licensee meets the qualifications prescribed by the board for such additional classification or classifications.

      2.  An additional application and license fee may be charged for qualifying or classifying a licensee in additional classifications.

      Sec.9.  1.  For purposes of this chapter, financial responsibility means a past and present business record of solvency.


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

ê1967 Statutes of Nevada, Page 1595 (Chapter 535, SB 457)ê

 

a past and present business record of solvency. If the applicant or contractor is a corporation, its financial responsibility must be established independently of and without reliance on the assets of its officers, directors or stockholders, but the financial responsibility of its officers and directors may be inquired into and considered as a criterion in determining the corporation’s financial responsibility.

      2.  The financial responsibility of an applicant for a contractor’s license or of a licensed contractor shall be determined by using the following standards and criteria in connection with each applicant or contractor and each associate or partner thereof:

      (a) Net worth.

      (b) Amount of liquid assets.

      (c) Prior payment and credit records.

      (d) Previous business experience.

      (e) Prior and pending lawsuits.

      (f) Prior and pending liens.

      (g) Adverse judgments.

      (h) Conviction of a felony or crime involving moral turpitude.

      (i) Prior suspension or revocation of a contractor’s license in Nevada or elsewhere.

      (j) Prior assignment for benefit of creditors or bankruptcy proceeding.

      (k) Form of business organization (corporate or otherwise).

      (l) Information obtained from confidential financial references and credit reports.

      (m) Reputation for honesty and integrity of the applicant or contractor or any officer, director, associate or partner thereof.

      Sec.10.  1.  If the individual qualifying by examination on behalf of another individual or a firm pursuant to subsection 2 of NRS 624.260 ceases for any reason to be connected with the licensee to whom the license is issued, the licensee shall notify the board in writing within 30 days from such cessation of association or employment. If a notice is given, the license shall remain in force for a reasonable length of time to be set by the board, but not exceeding 60 days from the date of such cessation of association or employment.

      2.  The licensee shall replace the person originally qualified with another individual similarly qualified and approved by the board within the time limited by subsection 1, unless extended by the board for good cause.

      3.  If the licensee fails to notify the board within the 30-day period his license shall be automatically suspended. The license shall be reinstated upon the replacement of the person originally qualified by another individual similarly qualified and approved by the board.

      Sec.11.  An applicant for a contractor’s license and each officer, director, partner and associate thereof shall possess good character. Lack of character may be established by showing that the applicant or any officer, director, partner or associate thereof has:

      1.  Committed any act which, if committed by any licensed contractor, would be grounds for the suspension or revocation of a contractor’s license;

      2.  A bad reputation for honesty and integrity;

      3.  Entered a plea of guilty to, been found guilty of or been convicted of a felony or crime involving a moral turpitude arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or

 


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

ê1967 Statutes of Nevada, Page 1596 (Chapter 535, SB 457)ê

 

of a felony or crime involving a moral turpitude arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or

      4.  Had a license revoked for reasons that would preclude the granting of a license for which the application has been made.

      Sec. 12.  This act shall become effective at 12:01 a.m. on July 1, 1967.

 

________

 

 

CHAPTER 536, AB 392

Assembly Bill No. 392–Committee on Taxation

 

CHAPTER 536

 

AN ACT relating to gaming; to provide for the licensing and regulation of manufacturers, sellers and distributors of gambling devices and equipment; providing a penalty; and providing other matters properly relating thereto.

 

[Approved April 26, 1967]

 

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

do enact as follows:

 

      Section1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec.2.  1.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain in the State of Nevada any form of manufacture, selling or distribution of any device or machine used in gambling, except pinball machines, in which the odds are operated, produced or determined electronically or electrically, without having first procured a license for such manufacture, selling or distribution as provided in sections 2 and 3 of this act.

      2.  Any person whom the commission determines to be a suitable person to receive a license under the provisions of sections 2 and 3 of this act, having due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada, may be issued a manufacturer’s or distributor’s license. The burden of proving his qualification to receive or hold any license under sections 2 and 3 of this act shall be at all times on the applicant or licensee.

      Sec.3.  1.  The commission shall charge and collect from each applicant a fee of:

      (a) For the issuance or renewal of a manufacturer’s license, $500.

      (b) For the issuance or renewal of a seller’s or distributor’s license, $200.

      2.  All licenses shall be issued for the calendar year and shall expire on December 31. Regardless of the date of application or issuance of the license, the fee to be charged and collected under this section shall be the full annual fee.

      3.  All license fees collected pursuant to this section shall be paid over immediately to the state treasurer to be deposited to the credit of the general fund.


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

ê1967 Statutes of Nevada, Page 1597 (Chapter 536, AB 392)ê

 

      Sec.4.  1.  The legislature finds and declares as facts:

      (a) That the inspection of electronic and mechanical devices used in gambling is essential to carry out the provisions of this chapter; and

      (b) That such inspection is greatly facilitated in the case of such devices manufactured within this state by the opportunity to inspect components prior to assembly and to examine the methods of manufacture.

      2.  The board shall inspect every device or machine used in gambling, except pinball machines, in which the odds are operated, produced or determined electronically or electrically, which is manufactured, sold or distributed for use in this state, before such device is put into play.

      3.  In addition to all other fees and charges imposed by this chapter, the board shall determine, charge and collect an inspection fee from each manufacturer, seller or distributor which shall be based upon the actual cost of inspection but shall not exceed:

      (a) For each device or machine manufactured within the State of Nevada, $10.

      (b) For each device or machine manufactured outside the State of Nevada, $25.

      Sec.5.  (Deleted by amendment)

      Sec.6.  NRS 463.130 is hereby amended to read as follows:

      463.130  1.  It is hereby declared to be the policy of this state that all establishments where gambling games are conducted or operated or where gambling devices are operated and manufacturers, sellers and distributors of certain gambling devices and equipment in the State of Nevada shall be licensed and controlled so as to better protect the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada.

      2.  Any license issued pursuant to this chapter shall be deemed to be a revocable privilege and no holder thereof shall be deemed to have acquired any vested rights therein or thereunder.

      Sec.7.  NRS 463.140 is hereby amended to read as follows:

      463.140  1.  The provisions of this chapter with respect to state gaming licenses and manufacturer’s, seller’s and distributor’s licenses shall be administered by the state gaming control board and the Nevada gaming commission, which are hereby charged with administering the same for the protection of the public and in the public interest in accordance with the policy of this state.

      2.  The board shall investigate the qualifications of each applicant for licenses under this chapter before any license is issued and shall continue to observe the conduct of all licensees to the end that licenses shall not be issued to nor held by unqualified or disqualified persons or unsuitable persons or persons whose operations are conducted in an unsuitable manner or for unsuitable or prohibited places or locations. The board shall have full and absolute power and authority to recommend the denial of any application for license, or the limitation, conditioning or restriction of such license or the suspension or revocation of an license, for any cause deemed reasonable by the board. The commission shall have full and absolute power and authority to deny and application for license, or to limit, condition, restrict, revoke or suspend any license, for any cause deemed reasonable by the commission.


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

ê1967 Statutes of Nevada, Page 1598 (Chapter 536, AB 392)ê

 

      3.  The board and the commission and their agents, inspectors and employees have the authority:

      (a) To inspect and examine all premises wherein gaming is conducted [.] or gambling devices or equipment are manufactured, sold or distributed.

      (b) To inspect all equipment and supplies in, upon or about such premises.

      (c) Summarily to seize and remove from such premises and impound any such equipment or supplies for the purpose of examination and inspection.

      (d) To demand access to and inspect, examine and audit all papers, books and records of applicants and licensees respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy of or any of the provisions of this chapter.

      4.  For the purpose of the administration of this chapter the board, the commission and their agents, inspectors and employees shall be invested with the powers of a peace officer of the State of Nevada.

      5.  The board and the commission or any member thereof shall each have full power and authority to issue subpenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission shall be guilty of perjury.

      Sec.8.  NRS 463.150 is hereby amended to read as follows:

      463.150  1.  The commission is empowered and shall, from time to time, adopt, amend or repeal such regulations, consistent with the policy, objects and purposes of this chapter as it may deem necessary or desirable in the public interest in carrying out the policy and provisions of this chapter.

      2.  Such regulations may, without limiting the general powers herein conferred, include the following:

      (a) Prescribing the method and form of application which any applicant for a gaming license or for a manufacturer’s, seller’s or distributor’s license shall follow and complete prior to consideration of his application by the board.

      (b) Prescribing the information to be furnished by any applicant or licensee concerning such person’s antecedents, habits, character, associates, criminal record, business activities and financial affairs, past or present.

      (c) Requiring fingerprinting of an applicant or licensee or employee of a licensee or other methods of identification.

      (d) Prescribing the manner and procedure of all hearings conducted by the board or commission or any hearing examiner of the board or commission, including special rules of evidence applicable thereto and notices thereof.


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

ê1967 Statutes of Nevada, Page 1599 (Chapter 536, AB 392)ê

 

      (e) Requiring any applicant to pay all or any part of the cost of investigation of such applicant.

      (f) Prescribing the manner and method of collection and payment of fees and issuance of licenses.

      (g) Defining and limiting the area, games and devices permitted, and the method of operation of such games and devices for the purposes of this chapter.

      (h) Prescribing under what conditions the nonpayment of a gambling debt by a licensee shall be deemed grounds for revocation or suspension of his license.

      (i) Governing the manufacture, sale and distribution of gambling devices and equipment.

      (j) Requiring any applicant or licensee to waive any privilege with respect to any testimony at any hearing or meeting of the board or commission, except any privilege afforded by the constitutions of the United States or this state.

      [(j)] (k) Prescribing the qualifications of, and the conditions under which, attorneys, accountants and others shall be permitted to practice before the board or commission.

      Sec.9.  Section 10 of Senate Bill No. 355 of the 54th session of the Nevada legislature is hereby amended to read as follows:

      Section 10.  “Applicant” means any person who has applied for or is about to apply for a state gaming license or a manufacturer’s or distributor’s license under the provisions of this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS.

      Sec.10.  Section 11 of Senate Bill No. 355 of the 54th session of the Nevada legislature is hereby amended to reads as follows:

      Section 11.  “Application” means a request for the issuance of a state gaming license or a manufacturer’s, seller’s or distributor’s license under the provisions of this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS.

      Sec.11.  Section 24 of Senate Bill No. 355 of the 54th session of the Nevada legislature is hereby amended to read as follows:

      Section 24.  “License fees” means any moneys required by law to be paid to obtain or renew a gaming license, manufacturer’s or distributor’s license or pari-mutuel wagering license.

      Sec. 12.  Section 26 of Senate Bill No. 355 of the 54th session of the Nevada legislature is hereby amended to read as follows:

      Section 26.  “Licensee” means any person to whom a valid gaming license, manufacturer’s, seller’s or distributor’s license or pari-mutuel wagering license has been issued.

      Sec.13.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 16, inclusive, of this act.

      Sec.14.  “Gaming license” means any license issued by the state or any political subdivision thereof pursuant to this chapter or chapter 464 of NRS which authorizes the person named therein to engage in gaming or pari-mutuel wagering.

      Sec.15.  “License” means a gaming license or a manufacturer’s, seller’s or distributor’s license.


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

ê1967 Statutes of Nevada, Page 1600 (Chapter 536, AB 392)ê

 

      Sec.16.  “Manufacturer’s, seller’s or distributor’s license” means a license issued pursuant to sections 2 and 3 of this act.

      Sec.17.  Section 23 of Senate Bill No. 355 of the 54th session of the Nevada legislature is hereby repealed.

 

________

 

 

CHAPTER 537, SB 491

Senate Bill No. 491–Senator Pozzi

 

CHAPTER 537

 

AN ACT to provide for the removal and disposal of abandoned vehicles; and providing other matters properly relating thereto.

 

[Approved April 27, 1967]

 

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

do enact as follows:

 

      Section1.  Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec.2.  The registered owner of any vehicle abandoned on any public property shall be responsible for the cost of removal and disposition of such vehicle.

      Sec.3.  1.  Any sheriff, constable, member of the Nevada highway patrol, special investigator employed by the office of any district attorney or marshal or policeman of any city or town who has reason to believe that a vehicle has been abandoned in his jurisdiction may remove such vehicle from any public property.

      2.  Any person specified in subsection 1 who removes an abandoned vehicle shall take such vehicle to the nearest garage or other place designated by the department or political subdivision for storage.

      Sec.4.  The department or the political subdivision employing the person who removed the vehicle shall have the vehicle appraised within 5 days of its removal by a person designated by the department.

      Sec.5.  1.  If the vehicle is appraised at a value of $100 or less the department or political subdivision shall, within 48 hours after the appraisal:

      (a) Notify the director of the department of the removal of the vehicle. The notice shall contain:

             (1) A description of the vehicle.

             (2) The appraised value of the vehicle.

             (3) A statement as to whether the vehicle will be junked or dismantled.

      (b) Notify the director of the Nevada highway patrol.

      (c) Notify the registered owner and any person having a security interest in the vehicle by registered mail that the vehicle has been removed and will be junked or dismantled unless the registered owner or the person having a security interest in the vehicle responds within 15 days and pays the costs of removal.

      2.  Failure to reclaim the vehicle within 15 days after official notification constitutes a waiver of interest in the vehicle by any person having an interest in the vehicle.


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

ê1967 Statutes of Nevada, Page 1601 (Chapter 537, SB 491)ê

 

      3.  If all recorded interests in the vehicle are waived, either as provided in subsection 2 or by written disclaimer by any person having an interest in the vehicle, the department shall issue a certificate of dismantling.

      Sec.6.  If the vehicle is appraised at a value of more than $100 the department or political subdivision which removed it shall dispose if it as provided in sections 7 and 8 of this act.

      Sec.7.  1.  Whenever a vehicle has been removed to a garage or other place as provided by section 3 of this act, the owner of the garage shall have a lien on the vehicle for the costs of towing and storing for a period not exceeding 90 days.

      2.  If the vehicle is appraised at a value of more than $100 and is not reclaimed within 90 days, the owner of the garage may satisfy his lien as provided in sections 8 and 9 of this act.

      Sec.8.  If the lienholder is not paid the amount due, and for which the lien is given, within 10 days after such amount becomes due, then the lienholder may proceed to sell the vehicle to satisfy the lien and costs of sale in the manner provided by NRS 108.310.

      Sec.9.  NRS 487.040 is hereby amended to read as follows:

      487.040  As used in NRS 487.050 to 487.190, inclusive, and sections 2 to 8, inclusive, of this act, “department” means the department of motor vehicles.

 

________

 

 

CHAPTER 538, AB 537

Assembly Bill No. 537–Committee on State, County and City Affairs

 

CHAPTER 538

 

AN ACT providing annexation procedures for incorporated cities, unincorporated towns and certain special districts; repealing the Nevada Annexation Law; and providing other matters properly relating thereto.

 

[Approved April 27, 1967]

 

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

do enact as follows:

 

      Section1.  Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.

      Sec.2.  The provisions of sections 2 to 21, inclusive, of this act shall apply only to cities located in counties having a population of 120,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      Sec.3.  It is hereby declared as a matter of legislative determination that:

      1.  Sound urban development is essential to the continued economic development of this state.

      2.  Municipalities are created to provide the governmental services essential for sound urban development and for the protection of health, safety and welfare in areas being used for residential, commercial, industrial, institutional and governmental purposes, or in areas undergoing such development.


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

ê1967 Statutes of Nevada, Page 1602 (Chapter 538, AB 537)ê

 

      3.  Municipal boundaries should be extended, in accordance with legislative standards, to include such areas and to provide the high quality of governmental services needed therein for the protection of the public health, safety and welfare.

      4.  Areas annexed to municipalities in accordance with such uniform legislative standards should receive the services provided by the annexing municipality as soon as possible following the annexation.

      5.  Areas annexed to municipalities should include all of the urbanized unincorporated areas adjacent to municipalities, and piece-meal annexation of unincorporated areas should be avoided, securing to residents within the area proposed to be annexed the right of protest.

      Sec.4.  As used in sections 2 to 21, inclusive, of this act:

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

      2.  “Lot or parcel” means any tract of land of sufficient size to constitute a legal building lot as determined by the zoning ordinance of the county in which the territory proposed to be annexed is situated. If such county has not enacted a zoning ordinance, the question of what constitutes a building lot shall be determined by reference to the zoning ordinance of the annexing municipality.

      3.  “Majority of the property owners” in a territory means the record owners of real property:

      (a) Whose combined value is greater than 50 percent of the total value of real property in the territory, as determined by assessment for taxation; and

      (b) Whose combined area is greater than 50 percent of the total area of the territory.

      4.  A lot or parcel of land is “used for residential purposes” if it is 5 acres or less in area and contains a habitable dwelling unit of a permanent nature.

      Sec.5.  The governing body of any incorporated city, whether incorporated or governed under a general act, special legislative act or special charter, enacted, adopted or granted pursuant to either section 1 or section 8 of article 8 of the constitution of the State of Nevada, may extend the corporate limits of such city under the procedure set forth in sections 2 to 21, inclusive, of this act.

      Sec.6.  Any city exercising authority under sections 2 to 21, inclusive, of this act shall make plans for the extension of services to the territory proposed to be annexed and shall, at least 20 days prior to the public hearing provided for in section 12 of this act, prepare and file with the city clerk of such city a report setting forth such plans to provide services to such territory. The report shall include:

      1.  A metes and bounds description of the territory proposed to be annexed.

      2.  An accurate map or plat of such territory, prepared under the supervision of a competent surveyor or engineer.


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ê1967 Statutes of Nevada, Page 1603 (Chapter 538, AB 537)ê

 

      3.  A map or maps of the city and the adjacent territory to show the following information:

      (a) The present and proposed boundaries of the annexing city.

      (b) The present streets and sewer interceptors and outfalls and, if the annexing city operates its own water system or furnishes other utility services, the present major trunk waterlines and other utility lines.

      (c) The proposed extensions of the present streets, sewer interceptors and outfalls, major trunk water mains and utility lines, as the case may be, as required in subsection 5.

      (d) The present and proposed general land use pattern in the territory proposed to be annexed.

      4.  A statement showing that the territory proposed to be annexed meets the requirements of section 7 of this act.

      5.  A statement setting forth the plans of the annexing city for extending into the territory proposed to be annexed each major municipal service performed within the annexing city at the time of annexation. Specifically, such plans:

      (a) Shall provide for extending police protection, fire protection, street maintenance and garbage collection to the territory proposed to be annexed on the effective date of such annexation, on substantially the same basis and in the same manner as such services were provided by the annexing city to the property owners and residents within the remainder of the city immediately prior to the effective date of the annexation.

      (b) Shall provide for the extension of streets, sewer interceptors and outfalls and other major municipal services into the territory proposed to be annexed so that when such streets and utility services are so extended, property owners and residents in the territory proposed to be annexed will be able to secure such services, according to the policies in effect in the annexing city for furnishing such services to individual lots or subdivisions.

      (c) May provide that the extension of streets, sewer interceptors and outfalls and other major municipal services shall be done at the expense of the property owners in the territory proposed to be annexed, if it is the policy of the annexing city, at the time of such annexation, to furnish such services to individual lots or subdivisions at the expense of the property owners, either by means of special assessment districts or the requirement of the dedication of essential rights-of-way and the installation of offsite improvements as a prerequisite to the approval of subdivision plats or to the issuance of any building permit, rezoning, zone variance or special use permit. In such event, such plans shall designate which services, or portions thereof, shall be extended at the expense of the annexing city and which services, or portions thereof, shall be extended at the expense of the property owners. Services extended at the property owners’ cost shall be distributed and allocated to each parcel of property based on current costs, including both improvement costs and projected services costs, and shall be a part of the annexation plan prepared by the municipality.

      (d) Shall, if the extension of any streets, sewer interceptors and outfalls or other major municipal services into the territory proposed to be annexed is to be done at the expense of the annexing city, set forth a proposed time table for the construction of such extensions as soon as possible following the effective date of the annexation.


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ê1967 Statutes of Nevada, Page 1604 (Chapter 538, AB 537)ê

 

annexed is to be done at the expense of the annexing city, set forth a proposed time table for the construction of such extensions as soon as possible following the effective date of the annexation. In any event, the plans shall call for contracts to be let and construction to begin within 24 months following the effective date of the annexation.

      (e) Shall set forth the method under which the annexing city plans to finance the extension of any services into the territory proposed to be annexed which is to be done at the expense of the annexing city.

      Sec.7.  The governing body of any city may extend the corporate limits of such city to include any territory which meets the general standards of subsection 1 and every part of which meets the requirements of either subsection 2, 3, 4 or 5.

      1.  The total area proposed to be annexed must meet the following standards:

      (a) It must be contiguous to the annexing city’s boundaries at the time the annexation proceedings are instituted.

      (b) Not less than one-eighth of the aggregate external boundaries must be contiguous to the boundaries of the annexing city.

      (c) No part of the territory proposed to be annexed shall be included within the boundaries of another incorporated city.

      2.  All of the territory proposed to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards:

      (a) Has a total resident population density of two or more persons per acre of land included within its boundaries; or

      (b) Has a total resident population density of one or more persons per acre of land included within its boundaries, and is subdivided or parceled, through separate ownerships, into lots or parcels such that at least 60 percent of the total acreage consists of lots and parcels 5 acres or less in size and such that at least 60 percent of the total number of lots and parcels are 1 acre or less in size; or

      (c) Is so developed that at least 60 percent of the total number of lots and parcels in the territory to be annexed, at the time of the annexation, are used for any combination of residential, commercial, industrial, institutional or governmental purposes, and is subdivided or is parceled, through separate ownerships, into lots or parcels such that at least 60 percent of the total acreage, not including the acreage used at the time of annexation for commercial, industrial, institutional or governmental purposes, consists of lots and parcels 5 acres or less in size.

      3.  In addition to the areas developed for urban purposes, the governing body may include in the territory proposed to be annexed any territory which does not meet the requirements of subsection 2 if such area:

      (a) Is contiguous to the boundary of the annexing city and lies between the boundary of the annexing city and an area developed for urban purposes, so that the area developed for urban purposes is either not adjacent to the boundary of the annexing city or cannot be served by the annexing city without extending services through such sparsely developed territory; and

      (b) Is contiguous, on at least 60 percent of its aggregate external boundaries, to any combination of the boundary of the annexing city and the boundary of the area or areas developed for urban purposes as defined in subsection 2.


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ê1967 Statutes of Nevada, Page 1605 (Chapter 538, AB 537)ê

 

boundary of the area or areas developed for urban purposes as defined in subsection 2.

      The purpose of this subsection is to permit municipal governing bodies to extend corporate limits to include all nearby areas developed for urban purposes where it is necessary to include areas which, at the time of annexation, are not yet developed for urban purposes, but which constitute necessary land connections between the municipality and areas developed for urban purposes or between two or more areas developed for urban purposes.

      4.  A governing body may also annex any area which does not meet the requirements of subsection 2 if such area is bounded on at least 75 percent of its aggregate external boundaries by existing corporate boundaries of the annexing city.

      5.  A governing body may also annex any area which does not meet the requirements of subsection 2 if the owners of record of not less than 75 percent of the individual lots or parcels of land within such area sign a petition requesting the governing body to annex such area to the municipality.

      Sec.8.  Upon petition of the board of county commissioners, or upon petition of not less than 10 percent of the property owners in an unincorporated area developed for urban purposes which is approximately described in the petition, the governing body of any city shall commence action in accordance with the provisions of sections 9 to 12, inclusive, of this act.

      Sec.9.  1.  The governing body of any city desiring to annex territory under the provisions of sections 2 to 21, inclusive, of this act shall first pass a resolution stating the intent of such city to consider such annexation. Such resolution shall:

      (a) Describe the boundaries of the territory proposed to be annexed;

      (b) Fix the date for a public hearing on the question of such annexation, which shall not be less than 30 days nor more than 60 days following the passage of such resolution; and

      (c) Direct that notice of such public hearing be given in the manner provided in section 10 of this act.

      2.  Not less than 60 percent of the area developed for urban purposes contained in not less than one geographical quadrant using the city hall as the quadrant center and contiguous to the municipality shall be included in an annexation proposal.

      Sec.10.  1.  The notice of public hearing shall:

      (a) Fix the date, hour and place of the public hearing.

      (b) Describe, both in general terms and by accurate metes and bounds description, the territory proposed to be annexed.

      (c) State that the report required in section 6 of this act will be available at the office of the city clerk of the annexing city at least 20 days prior to the date of the public hearing.

      (d) Contain a list of the names and addresses of all record owners of real property within the territory proposed to be annexed.

      (e) Provide that any record owner of real property within the territory proposed to be annexed may:

             (1) Appear and be heard at such public hearing and may file with the city clerk of the annexing city a written protest to such annexation at any time within 15 days after the conclusion of such public hearing; or

 


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ê1967 Statutes of Nevada, Page 1606 (Chapter 538, AB 537)ê

 

the city clerk of the annexing city a written protest to such annexation at any time within 15 days after the conclusion of such public hearing; or

             (2) Appear and be heard at such public hearing or may file with the city clerk of the annexing city a written protest to such annexation at any time within 15 days after the conclusion of such public hearing.

      (f) Contain a statement to the effect that unless a majority of the property owners in the territory proposed to be annexed protest such annexation, either verbally at the public hearing or in writing within 15 days after the conclusion of such public hearing, the governing body shall have authority to adopt an ordinance extending the corporate limits of the annexing city to include all, or any part, of the territory described in the notice.

      2.  The notice shall be given by publication in a newspaper of general circulation in the territory proposed to be annexed, or, if there is none, in a newspaper of general circulation published in the county. If no such newspapers are published, a copy of the notice shall be posted at the front door of the city hall or the county courthouse and in at least two conspicuous places in the territory proposed to be annexed for not less than 20 days prior to the public hearing. The first publication of such notice shall be at least 20 days prior to the date set for the public hearing, and three publications in a newspaper published once a week or oftener are sufficient, but the first and last publication shall be at least 6 days apart. The period of notice commences upon the 1st day of publication and terminates either upon the day of the third publication or at the end of the 20th day, including therein the first day, whichever period is longer. At the time of the first publication, the city clerk of the annexing city shall send a copy of the notice by certified mail, return receipt requested, to each record owner of real property within the territory proposed to be annexed.

      Sec.11.  At least 20 days before the date of the public hearing, the governing body of the annexing city shall approve the report provided for in section 6 of this act and shall make the same available to the public at the office of the city clerk. In addition, the governing body may direct the preparation of a summary of the full report for public distribution with the notice of the public hearing and at such hearing.

      Sec. 12.  1.  At the public hearing a representative of the annexing city shall first make an explanation of the report provided for in section 6 of this act.

      2.  Following such explanation, any record owner of real property within the territory proposed to be annexed shall be given an opportunity to be heard.

      3.  Any protest to such annexation shall be deemed waived unless the same is presented verbally at such public hearing, or is filed in writing with the city clerk of the annexing city within 15 days after the conclusion of such public hearing. In the case of mailed protests, the postmark on the envelope shall be deemed to be the date of filing.

      Sec.13.  Unless a majority of the property owners protest such annexation, either verbally at the public hearing or in writing within 15 days after the conclusion of such public hearing, the governing body shall have authority, at any regular or special meeting thereof held not sooner than 16 days after the conclusion of the public hearing and not later than 90 days after the conclusion of such hearing, to adopt an ordinance extending the corporate limits of the annexing city to include all, or such part, of the territory described in the notice of public hearing, which meets the requirements of section 7 of this act, and which the governing body has concluded should be annexed; but the governing body shall have authority to amend the report provided for in section 6 of this act, to make changes in the plans for service to the area proposed to be annexed, so long as such changes meet the requirements of section 6 of this act.


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ê1967 Statutes of Nevada, Page 1607 (Chapter 538, AB 537)ê

 

days after the conclusion of such hearing, to adopt an ordinance extending the corporate limits of the annexing city to include all, or such part, of the territory described in the notice of public hearing, which meets the requirements of section 7 of this act, and which the governing body has concluded should be annexed; but the governing body shall have authority to amend the report provided for in section 6 of this act, to make changes in the plans for service to the area proposed to be annexed, so long as such changes meet the requirements of section 6 of this act.

      Sec.14.  1.  Whenever it is necessary for the purposes of sections 2 to 21, inclusive, of this act to determine the number or identity of the record owners of real property in a territory proposed to be annexed, a list of such owners, certified by the county assessor on any date between the institution of the proceedings, as provided in section 9 of this act, and the public hearing, as provided in section 12 of this act, both dates inclusive, shall be prima facie evidence that only those persons named thereon are such owners.

      2.  A petition or protest is sufficient for the purposes of sections 2 to 21, inclusive, of this act as to any lot or parcel of real property which is owned:

      (a) As community property, if it is signed by the husband.

      (b) By two persons, either natural or artificial, other than as community property, if signed by both such owners.

      (c) By more than two persons, either natural or artificial, if signed by a majority of such owners.

      (d) Either wholly or in part, by an artificial person, if it is signed by an authorized agent and accompanied by a copy of such authorization.

      Sec.15.  The annexation ordinance shall contain:

      1.  Specific findings showing that the territory being annexed meets the requirements of section 7 of this act. The external boundaries of the territory being annexed shall be described by metes and bounds.

      2.  A statement of the intent of the annexing city to extend services to the territory being annexed as set forth in the report required by section 6 of this act. If the report provides that the extension of such services, or portions thereof, shall be done at the expense of the property owners in the territory being annexed, the annexation ordinance shall designate which services, or portions thereof, shall be extended at the expense of the annexing city and which services, or portions thereof, shall be extended at the expense of the property owners.

      3.  A specific finding that on the effective date of the annexation, the annexing city will have funds appropriated in sufficient amount to finance the extension of any services designated in the report to be made at the expense of the annexing city, into the territory being annexed, or that on the effective date of the annexation the annexing city will have authority to issue bonds in an amount sufficient to finance such extension. If authority to issue such bonds must be secured from the electorate of the annexing city prior to the effective date of the annexation, then the effective date of annexation shall be not earlier than the date following the statement of the successful result of such bond election.

      4.  The specific date on which the annexation shall become effective, which date may be fixed for any date within 12 months from the date of passage of the annexation ordinance; but no such annexation shall become effective within 90 days next preceding any general election at which state or county officers, or officers of the annexing city, are chosen.


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ê1967 Statutes of Nevada, Page 1608 (Chapter 538, AB 537)ê

 

effective within 90 days next preceding any general election at which state or county officers, or officers of the annexing city, are chosen.

      Sec.16.  From and after the effective date of the annexation, the territory annexed and its inhabitants and property shall be subject to all debts, laws, ordinances and regulations in force in the annexing city and shall be entitled to the same privileges and benefits as other parts of the annexing city. The newly annexed territory shall be subject to municipal taxes levied for the fiscal year following the effective date of annexation.

      Sec.17.  Whenever the corporate limits of any city are extended in accordance with the provisions of sections 2 to 21, inclusive, of this act, the governing body of such city shall cause an accurate map or plat of the annexed territory, prepared under the supervision of a competent surveyor or engineer, together with a certified copy of the annexation ordinance in respect thereof, to be recorded in the office of the county recorder of the county in which such territory is situated, which recording shall be done prior to the effective date of the annexation as specified in the annexation ordinance.

      Sec.18.  1.  If, not earlier than 24 months after the effective date of the annexation, and not later than 27 months after the effective date of the annexation, any record owner of real property in the annexed territory believes that the annexing city has failed to follow through on its service plans, adopted under the provisions of paragraph (a) and (d) of subsection 5 of section 6 of this act, with respect to extensions of services to be made at the expense of the annexing city, such property owner may apply to the district court having jurisdiction of the annexing territory for a writ of mandamus under the provisions of chapter 34 of NRS, to compel the extension of such services.

      2.  The court may grant the relief prayed for in the application if:

      (a) The annexing city has not provided the services set forth in its plan submitted under the provisions of paragraph (a) of subsection 5 of section 6 of this act, on substantially the same basis and in the same manner as such services were provided by the annexing city to the property owners and residents within the remainder of the city on the effective date of the annexation; and

      (b) At the time the writ is sought, such services set forth in the plan submitted under the provisions of paragraph (a) of subsection 5 of section 6 of this act are still being provided to the property owners and residents within the remainder of the city on substantially the same basis and in the same manner as on the effective date of the annexation.

      3.  The court may also grant the relief prayed for in the application if:

      (a) The plans submitted under the provisions of paragraph (d) of subsection 5 of section 6 of this act require the extension of any services into the annexed territory to be made at the expense of the annexing city; and

      (b) Contracts have not been let and construction has not begun; and

      (c) The applicant demonstrates that the need still exists for the extension of such services into the annexed territory.

      4.  If a writ is made permanent, the cost in the action, including reasonable attorney’s fees for such aggrieved person, shall be assessed against the annexing city.

      Sec.19.  1.  Any person appearing and protesting such annexation at the public hearing, as provided in section 12 of this act, or any person filing with the city clerk of the annexing city a written protest to such annexation within 15 days after the conclusion of such public hearing, who believes that he will suffer material injury, by reason of the failure of the governing body of the annexing city to comply with the procedure set forth in sections 2 to 21, inclusive, of this act or to meet the requirements set forth in section 7 of this act as the same applies to his property, shall have the right, within 30 days from the date of the adoption of the annexation ordinance, to apply to the district court having jurisdiction of the annexed territory for an order staying the effectiveness of such annexation ordinance.


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ê1967 Statutes of Nevada, Page 1609 (Chapter 538, AB 537)ê

 

filing with the city clerk of the annexing city a written protest to such annexation within 15 days after the conclusion of such public hearing, who believes that he will suffer material injury, by reason of the failure of the governing body of the annexing city to comply with the procedure set forth in sections 2 to 21, inclusive, of this act or to meet the requirements set forth in section 7 of this act as the same applies to his property, shall have the right, within 30 days from the date of the adoption of the annexation ordinance, to apply to the district court having jurisdiction of the annexed territory for an order staying the effectiveness of such annexation ordinance.

      2.  Such application shall explicitly state what exceptions are taken to the action of the governing body and what relief the applicant seeks.

      3.  The court shall accord such application precedence over any civil business not involving the public interest.

      4.  In hearing and deciding on such application, the court shall consider any evidence or statements introduced at the public hearing on such annexation, and any evidence which it finds to have been arbitrarily or capriciously exclude. If the court finds that any of the steps required by sections 2 to 21, inclusive, of this act have not been taken or that the governing body has abused its discretion in taking any such action, or that the requirements set forth in section 7 of this act have not been met, the court shall make such temporary or final order in the premises as the ends of justice may require.

      5.  All actions or suits attacking the validity of the proceedings not brought within the 30-day period shall thereafter be perpetually barred.

      Sec.20.  Municipalities instituting annexations under the provision of sections 2 to 21, inclusive, of this act are authorized to make expenditures for surveys required to describe the territory proposed to be annexed, or for any purpose necessary to plan for the study, annexation, or both, of any unincorporated territory contiguous to the municipality. In addition, following the final passage of the annexation ordinance and prior to the effective date of the annexation, the annexing city shall have authority to proceed with expenditures and take such other actions appropriate for the construction of streets, utility lines and other capital facilities and for any other purpose calculated to bring services into the annexed area in a more effective and expeditious manner.

      Sec.21.  In determining the population and the degree of land subdivision and use for the purposes of meeting the requirements of section 7 of this act, the annexing city shall use methods calculated to provide reasonably accurate results. In determining whether the standards set forth in section 7 of this act have been met on appeal to the district court, as provided in section 19 of this act, the court shall accept the estimates of the municipality as to:

      1.  Population, if the estimate is based upon the number of dwelling units in the area, multiplied by the average family size in the county in which the annexed territory is situate, as determined by the last federal decennial census; or if it is based upon a new enumeration carried out under reasonable rules and regulations by the annexing city; but the court shall not accept such estimates if the applicant demonstrates that such estimates are in error in the amount of 20 percent or more.

      2.  Total area, if the estimate is based upon an actual survey, or upon county tax maps or records, or upon aerial photographs or upon some other reasonably reliable map used for official purposes by any governmental agency, unless the applicant demonstrates that such estimates are in error in the amount of 20 percent or more.


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ê1967 Statutes of Nevada, Page 1610 (Chapter 538, AB 537)ê

 

county tax maps or records, or upon aerial photographs or upon some other reasonably reliable map used for official purposes by any governmental agency, unless the applicant demonstrates that such estimates are in error in the amount of 20 percent or more.

      3.  The degree of land subdivision and use, if the estimates are based upon an actual survey, or upon county tax maps or records, or upon aerial photographs or upon some other reasonably reliable source unless the applicant demonstrates that such estimates are in error in the amount of 20 percent or more.

      Sec. 22.  Chapter 269 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  When any city is disincorporated, the board of county commissioners shall at the time of such disincorporation fix the boundaries of the unincorporated town created therefrom, if one is created pursuant to this chapter.

      2.  If all or any part of an unincorporated town is annexed by any incorporated city, the territory so annexed shall be automatically detached from such unincorporated town at the time of such annexation, and the boundaries of such unincorporated town shall be contracted accordingly, without further action of the board of county commissioners.

      Sec.23.  (Deleted by amendment.)

      Sec.24.  (Deleted by amendment.)

      Sec.25.  Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 26 to 28, inclusive, of this act.

      Sec.26.  1.  The boundary of any district organized under the provisions of this chapter may be changed in the manner prescribed in sections 27 and 28 of this act, but the change of boundaries of the district shall not impair nor affect its organization, nor shall it affect, impair or discharge any contract, obligation, lien or charge on which it or the property therein might be liable or chargeable had such change of boundaries not been made.

      2.  Property include within or annexed to a district shall be subject to the payment of taxes, assessments and charges, as provided in section 28 of this act. Real property excluded from a district shall thereafter be subject to the levy of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of such exclusion, and shall be subject to any outstanding special assessment lien thereon. Personal property may be excluded from a district on such terms and conditions as may be prescribed by the board of the district involved.

      Sec.27.  1.  A fee owner of real property situate in the district, or the fee owners of any real properties which are contiguous to each other and which constitute a portion of the district may file with the board a petition praying that such lands be excluded and taken from the district.

      2.  Petitions shall:

      (a) Describe the property which the petitioners desire to have excluded.

      (b) State that the property is not capable of being served with facilities of the district, or would not be benefited by remaining in the district or by any future improvement it might make.

      (c) Be acknowledged in the same manner and form as required in case of a conveyance of land.


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ê1967 Statutes of Nevada, Page 1611 (Chapter 538, AB 537)ê

 

      (d) Be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings.

      3.  The secretary of the board shall cause a notice of filing of such petition to be published, which notice shall:

      (a) State the filing of such petition.

      (b) State the names of the petitioners.

      (c) Describe the property mentioned in the petition.

      (d) State the prayer of the petitioners.

      (e) Notify all persons interested to appear at the office of the board at the time named in the notice, showing cause in writing, if any they have, why the petition should not be granted.

      4.  The board at the time and place mentioned in the notice, or at the times to which the hearing of the petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause why the prayer for the petition should not be granted.

      5.  The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition, or any part thereof.

      6.  The board, if it deems it not for the best interest of the district that the property mentioned in the petition, or portion thereof, be excluded from the district, shall order that the petition be denied in whole or in part, as the case may be.

      7.  If the board deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof be excluded from the district, the board shall order that the petition be granted in whole or in part, as the case may be.

      8.  There shall be no withdrawal from a petition after consideration by the board nor shall further objection be filed except in case of fraud or misrepresentation.

      9.  Upon allowance of such petition, the board shall file for record a certified copy of its resolution making such change, as provided in NRS 318.075.

      Sec.28.  The boundaries of a district may be enlarged by the inclusion of additional real property therein in the following manner:

      1.  The fee owner or owners of any real property capable of being served with facilities of the district may file with the board a petition in writing praying that such property be included in the district.

      2.  The petition shall:

      (a) Set forth an accurate legal description of the property owned by the petitioners.

      (b) State that assent to the inclusion of such property in the district is given by the signers thereto, constituting all the fee owners of such property.

      (c) Be acknowledged in the same manner required for a conveyance of land.

      3.  There shall be no withdrawal from a petition after consideration by the board nor shall further objections be filed except in case of fraud or misrepresentation.

      4.  The board shall hear the petition at an open meeting after publishing the notice of the filing of such petition, and of the place, time and date of such meeting, and the names and addresses of the petitioners.


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ê1967 Statutes of Nevada, Page 1612 (Chapter 538, AB 537)ê

 

date of such meeting, and the names and addresses of the petitioners. The board shall grant or deny the petition and the action of the board shall be final and conclusive. If the petition is granted as to all or any of the real property therein described, the board shall make an order to that effect, and file the same for record as provided in NRS 318.075.

      5.  After the date of its inclusion in such district, such property shall be subject to all of the taxes and charges imposed by the district, and shall be liable for its proportionate share of existing general obligation bonded indebtedness of the district; but it shall not be liable for any taxes or charges levied or assessed prior to its inclusion in the district, nor shall its entry into the district be made subject to or contingent upon the payment or assumption of any penalty, toll or charge, other than the tolls and charges which are uniformly made, assessed or levied for the entire district.

      Sec.29.  Chapter 474 of NRS is hereby amended by adding thereto the provisions set forth as sections 30 to 37, inclusive, of this act.

      Sec.30.  The boundaries of any county fire protection district formed under NRS 474.010 to 474. 450, inclusive, may be altered and new territory annexed thereto, incorporated and included therein, and made a part thereof in the manner provided in sections 31 to 37, inclusive, of this act.

      Sec.31.  The board of directors of any such district, upon receiving a written petition for annexation containing a description of the territory proposed to be annexed (which territory shall be contiguous to the district), and signed by not less than 20 percent of the holders of title or evidence of title to lands within the territory proposed to be annexed, and whose names appear as such on the last preceding county assessment roll, shall cause a notice of filing of such petition to be published in the same manner and for the same time as is required for notices of the proposed formation of a county fire protection district under NRS 474.010 to 474.450, inclusive.

      Sec. 32.  1.  The notice shall:

      (a) State the filing of the petition and the names of the petitioners.

      (b) Describe the lands mentioned in the petition and in the prayer of the petition.

      (c) Notify all persons interested in or who may be affected by such change of the boundaries of the district to appear at the offices of the board, at a time named in the notice, and show cause in writing, if any they have, why the proposed change in boundaries should not be made.

      2.  The time specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of time for the publication of the notice.

      Sec.33.  The petitioners shall advance to the board sufficient money to pay the estimated costs of all proceedings.

      Sec.34.  1.  At the time and place mentioned in the notice, or at such other time or times to which the hearing of the petition may be adjourned, the board of directors shall proceed to hear the petition and all objections thereto presented in writing by any interested persons, who shall be holders of title or evidence of title to lands within the district or within the territory proposed to be annexed.

      2.  At the hearing, the board of directors shall hear and determine all objections and shall exclude all lands within the territory proposed to be annexed which will not be benefited by inclusion in the district.


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ê1967 Statutes of Nevada, Page 1613 (Chapter 538, AB 537)ê

 

all objections and shall exclude all lands within the territory proposed to be annexed which will not be benefited by inclusion in the district.

      Sec.35.  The board of directors to whom such petition is presented may require, as a condition precedent to the granting of the same, that the petitioners shall severally pay to the district such respective sums as nearly as the same can be estimated (the several amounts to be determined by the board), as such petitioners or their grantors would have been required to pay the district as taxes had such lands been included in the district at the time the same was originally formed.

      Sec.36.  1.  If the board of directors deems it for the best interest of the district that the boundaries of the district be changed as proposed or as such proposal may be altered by the exclusion of lands not benefited, the board shall submit the question of such change in boundaries at the next election to be held in the district, and shall call an election to be held at that same time within the territory to be annexed.

      2.  Notice of the elections shall be given in the same manner as that prescribed for annual elections of directors. The notice of election shall describe the proposed change of the boundaries in such manner and terms that it can readily be traced.

      3.  The ballots cast at the election shall contain the words “For change of boundary,” or “Against change of boundary,” or words equivalent thereto.

      4.  The qualifications for voters at such elections shall be the same as for other elections in the district, and votes by proxy shall be allowed as in such other elections.

      Sec.37.  1.  The returns of the votes cast in the outside territory proposed to be annexed and in the district shall be canvassed separately, and the board of directors shall cause a record of the canvass to be made and entered in its minutes.

      2.  If it appears from such canvass that a majority of the votes cast in the district and in the territory proposed to be annexed are in favor of the change in boundary, the board shall so find. Upon the filing of a certified copy of such findings, under seal of the district, in the office of the county recorder, the territory shall be a part of the district.

      Sec.38.  Chapter 539 of NRS is hereby amended by adding thereto the provisions set forth as sections 39 to 55, inclusive, of this act.

      Sec.39.  1.  The holder or holders of any title or evidence of title, as defined in NRS 539.020 and 539.023 (except that such holder or holders need not be the holder or holders of title or evidence of title of 5 acres of land or any other specified area of land), representing one-half or more of any lands adjacent to or in the vicinity of an irrigation district, whether contiguous or not, and which are susceptible of irrigation or drainage, or both, by the district system, or combined systems of works, may file with the board of directors of the district a petition, in writing, setting forth that such lands are susceptible of irrigation or drainage, or both, as the case may be, by the district system or systems, and praying that the land may be annexed,

      2.  The petition shall describe the land and also describe the several parcels owned by petitioners.

      3.  All or any portion of the lands in any city, where the vote for mayor at the last preceding election was not less than 550 votes and not more than 1,000 votes, may in the same manner be included within the boundaries of any irrigation district if they shall be susceptible of irrigation or drainage, or both, by the district system or systems, and upon such inclusion such lands in such city, town or municipal corporation shall be subject to all of the provisions of this chapter.


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ê1967 Statutes of Nevada, Page 1614 (Chapter 538, AB 537)ê

 

more than 1,000 votes, may in the same manner be included within the boundaries of any irrigation district if they shall be susceptible of irrigation or drainage, or both, by the district system or systems, and upon such inclusion such lands in such city, town or municipal corporation shall be subject to all of the provisions of this chapter.

      Sec.40.  1.  The secretary shall cause a notice of the filing of such petition to be given for 3 consecutive weeks by posting in five public and conspicuous places in the district, with at least one posting in each division thereof.

      2.  The notice shall:

      (a) State the filing of such petition.

      (b) State the names of the petitioners.

      (c) Contain a description of the lands mentioned in the petition, sufficient to identify the same.

      (d) Notify all persons interested in or who may be affected by such change of boundaries of the district to appear at the office of the board at a time named in the notice and show cause, in writing, if any they have, why the lands mentioned should not be annexed to the district.

      3.  The petitioner or petitioners shall advance to the district treasurer sufficient money to pay the estimated cost of these proceedings.

      Sec.41.  1.  The board of directors, at the time mentioned in the notice, or at any other time to which to the hearing may be adjourned, shall hear the petition and all the objections thereto.

      2.  The failure of any person to show cause as provided in section 40 of this act shall be taken as an assent on his part to a change of the boundaries of the district so as to include the whole or part of the land mentioned in the petition.

      Sec. 42.  1.  The board of directors may require as a condition to the granting of the petition that the petitioners shall pay to the district such sums as nearly as the same can be estimated as the petitioners or their grantors would theretofore have been required to pay had such lands been included in the district at the time the same was originally organized, and may apportion such benefits as are just and equitable to such lands in accordance with the benefits derived or which will accrue to each tract or subdivision thereof from the construction or proposed construction of a drainage works or other works, or the purchase or proposed purchase of any works for the district.

      2.  The board of directors shall examine each tract or legal subdivision of such annexed lands or proposed annexed lands and shall determine the benefits which will accrue or which have accrued, and such lands shall be apportioned their pro rata share of the cost of such works in proportion to the benefits derived by the lands therefrom.

      3.  The board shall make or cause to be made a list of such apportionment or distribution, which list shall contain a complete description of each subdivision or tract of land so annexed or proposed to be annexed with that rate per acre of such apportionment or distribution and the name of the owner thereof, or it may prepare a map on a convenient scale showing each of the subdivisions or tracts with the rate per acre of such apportionment entered thereon; but where all or any portion of the lands are apportioned benefits by the board at the same rate, a general statement to that effect shall be sufficient.


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ê1967 Statutes of Nevada, Page 1615 (Chapter 538, AB 537)ê

 

the lands are apportioned benefits by the board at the same rate, a general statement to that effect shall be sufficient.

      4.  Whenever thereafter an assessment is made, either in lieu of bonds or an annual assessment for raising the interest on bonds, or any portion of the principal, or the expenses of maintaining the property of the district, or any special assessment voted by the electors, it shall be spread upon the lands in the same proportion as the assessments of benefits. The benefits arising from the undertakings for which special assessments are made may be distributed equally over the lands, or especially apportioned, and assessments or tolls and charges may be made or imposed as provided in this chapter, when coming within the designation of operation and maintenance charges, by way of a minimum stated charge per acre, whether water is used or not, and a charge for water used in excess of the amount delivered for the minimum charge, or such other reasonable method of fixing or collecting the operation and maintenance charge as the board of directors may adopt.

      Sec.43.  1.  The board of directors, if it deems it not for the best interest of the district to include therein the lands mentioned in the petition shall reject all or any part of the same.

      2.  If the board deems it for the best interests of the district, and if no objections to the annexation of the lands have been filed as required in this chapter, the board may order, without any election, that the lands mentioned in the petition or any part thereof be annexed to the district. The order shall describe the lands so annexed, and the board shall cause a survey thereof to be made if deemed necessary.

      Sec.44.  If 40 percent of the total number of registered electors as evidenced by the total registration at the last preceding election file objections in writing to the annexation of the lands, or any part thereof, mentioned in the petition, and if the board notwithstanding deems it for the best interests of the district to include the lands mentioned in the petition, or some part thereof, the board shall adopt a resolution to that effect. The resolution shall describe the lands proposed to be included in the district.

      Sec.45.  1.  Upon the adoption of the resolution mentioned in section 44 of this act the board shall order that an election be held within the district to determine whether the lands described in the resolution shall be annexed to the district, and shall fix the time at which such election shall be held.

      2.  Notice thereof shall be published, and such election shall be held, and all things pertaining thereto conducted in the manner prescribed by this chapter in case of an election to determine whether bonds of the district shall be issued.

      3.  The notice of election shall describe the lands proposed to be annexed to the district.

      4.  The ballots cast at such election shall contain the words “for annexation,” or “against annexation,” or expressions equivalent thereto.

      Sec.46.  1.  If at such election a majority of all the votes cast is against annexation, the board shall proceed no further in the matter.

      2.  If a majority of such votes is in favor of annexation, the board shall thereupon order that the boundaries of the district be changed to include the lands to be so annexed and cause a copy of such order, together with a plat of the lands, each certified to by the secretary of the board, to be filed for record in the office of the county recorder of the county or counties in which such lands are situated.


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ê1967 Statutes of Nevada, Page 1616 (Chapter 538, AB 537)ê

 

shall thereupon order that the boundaries of the district be changed to include the lands to be so annexed and cause a copy of such order, together with a plat of the lands, each certified to by the secretary of the board, to be filed for record in the office of the county recorder of the county or counties in which such lands are situated.

      3.  The order shall describe the land so annexed and thereafter such lands shall be subject to all the provisions of this chapter. Immediately after the filing for record of the order annexing the lands, the directors shall state on their minutes to which division or divisions in the district the lands shall be attached, or may redivide the district to accommodate the lands.

      Sec.47.  If the lands are annexed to the district as provided in this chapter, and the board of directors apportions benefits to such annexed lands as provided in this chapter, the provisions of NRS 539.563 to 539.567, inclusive, shall, insofar as applicable, be complied with.

      Sec.48.  No lands while they remain within a district shall be included in any other district.

      Sec.49.  1.  Whenever state lands held under contract to purchase are included within the boundaries of any irrigation district, such lands shall be subject to all the provisions of this chapter the same as any other land held in private ownership.

      2.  State lands, not under contract to purchase, shall not become a part of an irrigation district except by the consent of the state land register, who is authorized and required to consent thereto on behalf of the state upon there being filed in his office a certificate signed by the state engineer to the effect that such lands will be benefited by inclusion therein.

      3.  District assessments, charges and tolls against such lands not under contract shall become a charge against the lands, and any sale or contract to sell any such lands thereafter shall be conditioned upon the payment, by the purchaser or contractor, of all such accrued charges in addition to the purchase price of the land.

      4.  In case of state land held under contract, the person holding such contract shall be deemed the owner of the land for the purposes of this chapter, and liens shall attach to his rights under such contract, and such liens shall be enforced as in other cases, subject to the paramount title of the state, and subject to the rights of a purchaser at a sale for delinquent assessments to be subrogated to the rights of such contract holder to acquire patent to such land from the state.

      Sec.50.  The board of directors of any district now or hereafter formed under the provisions of this chapter, either upon its own initiative or upon the application in writing of any holder of title or of evidence of title to land in the district, may, by a majority vote, exclude from the district any land or lands theretofore included in the district, and change the boundary lines of the district so as to exclude or leave out certain tracts or portions of tracts when the proposed system or systems of irrigation cannot practically include such land or lands, or when such land or lands would not be benefited by remaining in the district or by any future improvement it might make, or when the land sought to be excluded has been, or is about to be, incorporated into or made a part of any city or town, or when the land sought is adjacent to and contiguous to any city or town and it is proposed to develop such land as building sites and areas; but if improvements have been commenced, or made, or authorized, or if there are bonds or other contracts or certificates of indebtedness outstanding, no land shall be excluded and no established liens shall be released unless all of the holders of bonds or contracts or certificates of indebtedness constituting liens against the land sought to be excluded, and the owner of such land if he has not petitioned for exclusion thereof, shall consent in writing to the exclusion and unless all bonded indebtedness of the district chargeable to the land sought to be excluded is paid, or except as provided in sections 51 to 55, inclusive, of this act.


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ê1967 Statutes of Nevada, Page 1617 (Chapter 538, AB 537)ê

 

to any city or town and it is proposed to develop such land as building sites and areas; but if improvements have been commenced, or made, or authorized, or if there are bonds or other contracts or certificates of indebtedness outstanding, no land shall be excluded and no established liens shall be released unless all of the holders of bonds or contracts or certificates of indebtedness constituting liens against the land sought to be excluded, and the owner of such land if he has not petitioned for exclusion thereof, shall consent in writing to the exclusion and unless all bonded indebtedness of the district chargeable to the land sought to be excluded is paid, or except as provided in sections 51 to 55, inclusive, of this act.

      Sec.51.  Within 10 days after the receipt of any such application, or after the passage by the board of a resolution proposing the withdrawal of such lands, the directors of the district shall give notice of such proposed change or exclusion and of the date, time and place of a meeting to be held by the board to consider such proposed change or exclusion by publication for two issues 7 days apart in some newspaper printed in the county in which the land sought to be excluded is situated, at least 30 days before the meeting to consider such exclusion or change.

      Sec. 52.  1.  All persons failing to file written objections within 50 days from the date of the filing of the petition for exclusion shall be conclusively deemed to have consented to such exclusion.

      2.  If 25 percent of the holders of bonds or contracts or certificates of indebtedness constituting liens against the land sought to be excluded file objections to such exclusion within the 50-day period the petition for exclusion shall be denied; otherwise, the board at its sole discretion, but then only upon the payment of all bonded indebtedness of the district chargeable to the land sought to be excluded, may by resolution exclude the land from the district, and the land shall thereafter be denied all benefits under the district.

      Sec.53.  1.  Not less than 50 days after the filing with the board of an application in writing by a qualified elector of the district or after the board has of its own initiative and by resolution declared its intention of excluding any land or lands from the district, and after having first given notice as prescribed in section 51 of this act, the board shall meet and consider the matter and shall order or deny the exclusion of the lands in whole or in part.

      2.  A copy of the order of the board shall be published for two issues 1 week apart in some newspaper published in the county in which the land is situated.

      Sec.54.  If lands are excluded, or the boundary lines changed pursuant to sections 50 to 55, inclusive, of this act a copy of the order certified by the secretary of the district, with a plat of the land excluded or change in boundary made, shall be filed for record in the office of the county recorder of the county or counties in which such land or lands are situated, and it shall be evidence for all purposes of the facts it purports to the state.

      Sec.55.  Any holder of title or of evidence of title to land in the district, or holder of any bond or contract or certificate of indebtedness constituting a lien against the land sought to be excluded, who is aggrieved by the order of the board of directors in excluding or refusing to exclude lands as provided in this chapter may, within 30 days from the date of the publication, as provided in section 53 of this act, of the order excluding or refusing to exclude lands from the district, petition the district court of the county in which the office of the board of directors is situated to set aside such order, and direct that such lands be excluded or be not excluded, as the court may order.


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ê1967 Statutes of Nevada, Page 1618 (Chapter 538, AB 537)ê

 

to exclude lands as provided in this chapter may, within 30 days from the date of the publication, as provided in section 53 of this act, of the order excluding or refusing to exclude lands from the district, petition the district court of the county in which the office of the board of directors is situated to set aside such order, and direct that such lands be excluded or be not excluded, as the court may order. The provisions of NRS 539.565 and 539.567, insofar as applicable, shall be followed in such proceedings.

      Sec.56.  Chapter 543 of NRS is hereby amended by adding thereto the provisions set forth as sections 57 to 59, inclusive, of this act.

      Sec.57.  1.  The boundary of any district organized under the provision of NRS 543.160 to 543.840, inclusive, may be changed in the manner prescribed in sections 58 and 59 of this act, but the change of boundaries of the district shall not impair nor affect its organization, nor shall it affect, impair or discharge any contract, obligation, lien or charge on which it or the property therein might be liable or chargeable had such change of boundaries not been made.

      2.  Property included within or annexed to a district shall be subject to the payment of taxes, assessments and charges, as provided in section 59 of this act. Real property excluded from a district shall thereafter be subject to the levy of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of such exclusion, and shall be subject to any outstanding special assessment lien thereon.

      Sec.58.  1.  A fee owner of real property situate in the district, or the fee owners of any real properties which are contiguous to each other and which constitute a portion of the district, may file with the board a petition praying that such lands be excluded and taken from the district.

      2.  Petitions shall:

      (a) Describe the property which the petitioners desire to have excluded.

      (b) State that the property is not capable of being served with facilities of the district, or would not be benefited by remaining in the district or by any future improvement it might make.

      (c) Be acknowledged in the same manner and form as required in case of a conveyance of land.

      (d) Be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings.

      3.  The secretary of the board shall cause a notice of filing of such petition to be published, which notice shall:

      (a) State the filing of such petition.

      (b) State the names of the petitioners.

      (c) Describe the property mentioned in the petition.

      (d) State the prayer of the petitioners.

      (e) Notify all persons interested to appear at the office of the board at the time named in the notice, showing cause in writing, if any they have, whey the petition should not be granted.

      4.  The board at the time and place mentioned in the notice, or at the times to which the hearing of the petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause why the prayer of the petition should not be granted.


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ê1967 Statutes of Nevada, Page 1619 (Chapter 538, AB 537)ê

 

proceed to hear the petition and all objections thereto, presented in writing by any person showing cause why the prayer of the petition should not be granted.

      5.  The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition, or any part thereof.

      6.  The board, if it deems it not for the best interest of the district that the property mentioned in the petition, or portion thereof, be excluded from the district, shall order that the petition be denied in whole or in part, as the case may be.

      7.  If the board deems it for the best interest of the district that the property mentioned in the petition or some portion thereof be excluded from the district, the board shall order that the petition be granted in whole or in part, as the case may be.

      8.  There shall be no withdrawal from a petition after consideration by the board nor shall further objection be filed except in case of fraud or misrepresentation.

      9.  Upon allowance of such petition, the board shall file for record a certified copy of its ordinance making such change, as provided in NRS 543.300.

      Sec.59.  The boundaries of a district may be enlarged by the inclusion of additional real property therein in the following manner:

      1.  The fee owner or owners of any real property capable of being served with facilities of the district may file with the board a petition in writing praying that such property be included in the district.

      2.  The petition shall:

      (a) Set forth an accurate legal description of the property owned by the petitioners.

      (b) State that assent to the inclusion of such property in the district is given by the signers thereto, constituting all the fee owners of such property.

      (c) Be acknowledged in the same manner required for a conveyance of land.

      3.  There shall be no withdrawal from a petition after consideration by the board nor shall further objections be filed except in case of fraud or misrepresentation.

      4.  The board shall hear the petition at an open meeting after publishing the notice of the filing of such petition, and of the place, time and date of such meeting, and the names and addresses of the petitioners. The board shall grant or deny the petition and the action of the board shall be final and conclusive. If the petition is granted as to all or any of the real property therein described, the board shall make an order to that effect, and file the same for record as provided in NRS 543.300.

      5.  After the date of its inclusion in such district, such property shall subject to all of the taxes imposed by the district, and shall be liable for its proportionate share of existing general obligation bonded indebtedness of the district; but it shall not be liable for any taxes levied or assessed prior to its inclusion in the district.

      Sec.60.  Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 61 to 91, inclusive, of this act.


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ê1967 Statutes of Nevada, Page 1620 (Chapter 538, AB 537)ê

 

      Sec.61.  The provisions of sections 61 to 91, inclusive, of this act shall apply only to cities located in counties having a population of less than 120,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      Sec. 62.  As used in sections 61 to 91, inclusive, of this act, the words and terms defined in sections 63 to 68, inclusive, shall, unless the context otherwise requires, have the meanings ascribed to them in sections 63 to 68, inclusive, of this act.

      Sec.63.  “City” means an incorporated city.

      Sec.64.  “Commission” means a city annexation commission or, for the purposes of sections 71 to 91, inclusive, of this act, in counties where no city annexation commission exists, the board of county commissioners.

      Sec.65.  “Contiguous,” as applied to an area proposed to be annexed in relation to a city, means that not less than 15 percent of the total boundary of such area is conterminous with the boundary of the city.

      Sec.66.  “Executive officer” means:

      1.  With respect to a city annexation commission, the county manager or like administrative officer of the county.

      2.  With respect to a board of county commissioners, the county manager or like administrative officer of the county, or the clerk of such board.

      Sec.67.  “Majority of the property owners” in a territory means the owners of real property:

      1.  Whose combined value is greater than 50 percent of the total value of real property in the territory, as determined by assessment for taxation; and

      2.  Whose combined area is greater than 50 percent of the total area of the territory.

      Sec.68.  “Value” means the assessed valuation for purposes of taxation, as established by the most recent tax roll which has been extended by the county auditor.

      Sec.69.  There is hereby created, in each county of the state having a population according to the most recent decennial census of the Bureau of the Census of the United States Department of Commerce of 25,000 or more and less than 120,000, a city annexation commission which shall consist of members to be selected as follows:

      1.  Two members representing the county, one of whom shall be the chairman of the board of county commissioners and the other a member of the board to be chosen by the board.

      2.  One member representing each city, who shall be a member of the governing body to be chosen by the governing body.

      3.  If the provisions of subsections 1 and 2 result in an even number of members, one member shall be added who shall be a resident owner of real property in the county chosen by the members of the commission already selected. If at the expiration of 90 days after the end of the month in which commission members are to be selected, as provided in section 70 of this act, no additional member has been chosen, the governor shall appoint some person qualified as provided in this subsection.

      Sec.70.  1.  The first members shall be chosen by the respective bodies during the month of May 1967, and shall serve until the selection and qualification of their successors.


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ê1967 Statutes of Nevada, Page 1621 (Chapter 538, AB 537)ê

 

and qualification of their successors. Thereafter, members of the commission shall be chosen by the respective bodies during the month of January of each odd-numbered year, and shall serve until the selection and qualification of their successors.

      2.  Any member who ceases to be a member of the body from which he was chosen shall cease to be a member of the commission. Any vacancy shall be filled by the body which made the original choice, for the unexpired term.

      3.  The chairman of the board of county commissioners shall serve as chairman of the commission. The members of the commission shall elect a vice chairman, who shall preside in the absence of the chairman.

      4.  Commission members shall serve without compensation but shall be reimbursed the actual amounts of their reasonable and necessary expenses incurred in attending meetings and in performing the duties of their office.

      Sec.71.  The commission shall have the following powers and duties:

      1.  To review and approve or disapprove, with or without amendment, wholly, partially or conditionally, proposals for the annexation of territory to cities within the county.

      2.  To adopt procedures for the evaluation of proposals for the annexation of territory to cities within the county.

      Sec.72.  The county or regional planning commission, if any, shall render advisory services to the city annexation commission upon its request. Other county officers, including without limitation the county engineer and the district attorney, shall cooperate with the city annexation commission by furnishing information and staff services within their respective fields.

      Sec.73.  1.  To the extent that the assistance rendered to the commission under section 72 of this act is insufficient for its needs, the commission may appoint and assign staff personnel necessary for the performance of its duties and functions and the commission may employ and contract for professional or consulting services to carry out and effect the function specified in sections 71, 75 to 82, inclusive, and 88 of this act.

      2.  The commission may also incur usual and necessary expenses for the accomplishment of its functions.

      3.  The board of county commissioners shall furnish the commission with necessary quarters, equipment and supplies, and the usual and necessary operating expenses incurred by the commission shall be a county charge.

      Sec.74.  The annexation of territory not included within the boundaries of any city to a city, or the detachment of territory from one city and its annexation to another city, may be initiated by either of the following methods:

      1.  Whenever a majority of the property owners of any territory lying contiguous to a city desire to annex such territory to the city, they may cause an accurate map or plat of the territory to be made under the supervision of a competent surveyor. A copy of the map or plat, certified by the surveyor, and a petition in writing signed by a majority of the property owners of such territory shall be filed in the office of the clerk of the governing body of such city.


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ê1967 Statutes of Nevada, Page 1622 (Chapter 538, AB 537)ê

 

      2.  Whenever the governing body of any city deems it necessary to annex any contiguous territory to the city, the governing body may adopt a resolution declaring its intention to annex such territory. The resolution shall:

      (a) Describe the territory to be annexed; and

      (b) Order a plat of the territory to be filed in the office of the clerk of the governing body.

      Sec.75.  Upon the initiation of an annexation by either of the methods provided in section 74 of this act, and within 5 days after the filing of the necessary documents if initiated by property owners, the clerk of the governing body shall file a notice, in duplicate, of intention to annex with the commission. The notice shall contain the specific boundaries of the territory proposed to be annexed.

      Sec.76.  1.  Within 5 days after the filing with the commission of a notice to annex, the executive officer of the commission shall transmit one copy of such notice to the county or regional planning commission, if any, having jurisdiction over the area proposed to be annexed. Within 30 days after receiving such copy, the planning commission shall review the proposed annexation in the light of its master plan and of any other information in its possession, and report its findings to the city annexation commission.

      2.  The commission may also request the advice and shall consider the master plan of any city planning commission whose territory is within 7 miles of the territory proposed to be annexed.

      Sec.77.  Following receipt of the copy of the report, if any, of the planning commission and of the notice prescribed by section 75 of this act, the commission shall set the date, time and place for a public hearing on the proposal. The date of the hearing shall not be more than 60 days following receipt by the commission of such notice. The commission shall notify the governing body of each city within 7 miles of the exterior boundaries of the territory proposed to be annexed, any interested person who has filed a written request with the executive officer of the commission for such notice, and the proponents of the annexation, of the date, time and place of the public hearing at least 15 days prior to the date fixed for the hearing.

      Sec.78.  At the hearing, the commission shall hear only interested persons who have made formal request to appear and be heard, and the report of the commission’s staff. The commission and its presiding officer shall have the power to make and enforce such rules and regulations as will provide for orderly and fair conduct of the hearings. The statements of interested persons shall be confined to the criteria listed in section 79 of this act.

      Sec.79.  Factors to be considered in the review of an annexation proposal shall include but not be limited to:

      1.  Population; population density; land area and land uses; per capita assessed valuation; topography, natural boundaries, and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area, and in adjacent incorporated and unincorporated areas, during the next 10 years.

      2.  Need for organized community services; the present cost and adequacy of governmental services and controls in the area; probable future needs for such services and controls; probable effect of the proposed formation and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas.


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ê1967 Statutes of Nevada, Page 1623 (Chapter 538, AB 537)ê

 

future needs for such services and controls; probable effect of the proposed formation and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas.

      3.  The effect of the proposed annexation, and of alternative actions, on adjacent areas, on mutual social and economic interests and on the local governmental structure of the county.

      4.  The effect of the proposed annexation, and of alternative actions, upon the availability and requirement of water and other natural resources throughout the affected area.

      5.  Any determination by the Bureau of Land Management that the territory proposed to be annexed is suitable for residential, commercial or industrial development, or will be opened to private acquisition.

      Sec.80.  1.  Upon conclusion of the hearing, the commission may take the matter under consideration and shall, within 30 days following conclusion of the hearing, present its determination. The commission may also adjourn a hearing from time to time, but not to exceed a total of 30 days.

      2.  If the commission approves the annexation, proceedings therefor may be continued as provided in sections 61 to 91, inclusive, of this act. If the commission disapproves the proposed annexation, further proceedings to annex the territory to the city shall terminate. If the commission approves the proposed annexation with modifications or conditions, further proceedings for the annexation may be continued only in compliance with such modifications or conditions.

      Sec.81.  If the commission disapproves the annexation of territory to a city, no notice of intention to annex the same or substantially the same territory to that city may be filed with the commission for at least 1 year after the date of disapproval.

      Sec. 82.  Notice of the action taken by the commission shall be given by the executive officer to the clerk of the governing body of the city to which the annexation is pending, within 5 days from the date of such action, and shall be accompanied by the findings of fact upon which such action is based.

      Sec.83.  1.  Upon receipt of a notice of approval from the commission, the clerk of the governing body shall cause a copy of the petition or resolution of intent to annex, and of any modifications or conditions imposed by the commission, to be published in a newspaper of general circulation in the territory proposed to be annexed, or, if there is none, in a newspaper of general circulation published in the county. If no such newspapers are published, a copy of the petition or resolution shall be posted at the front door of the city hall or county courthouse and in at least two conspicuous places in the territory proposed to be annexed, for not less than 20 days before the next regular meeting of the governing body and before there is a vote by the governing body upon the question of annexation.

      2.  Publication of the petition or resolution pursuant to this section shall be for at least 20 days. Three publications in a newspaper published once a week or oftener are sufficient, but the first and last publications shall be at least 6 days apart. The period of notice commences upon the first day of publication and terminates either upon the day of the third publication or at the end of the 20th day, including therein the first.


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ê1967 Statutes of Nevada, Page 1624 (Chapter 538, AB 537)ê

 

day, whichever period is longer. At the time the first publication is made, the clerk of the governing body shall send a copy of such petition or resolution by certified mail, return receipt requested, to each owner of real property in the territory proposed to be annexed.

      3.  Included with the petition or resolution in the notice as published or posted and mailed shall be a list of all property owners of record in the territory proposed to be annexed.

      Sec.84.  1.  Any owner of real property in the territory proposed to be annexed may file a written protest to such annexation during the 20-day notice period and may appear and be heard prior to any vote of the governing body on the annexation.

      2.  Such protest may relate to a part only of such territory and when so relating shall be granted for any good cause shown, including without limitation the inability of the annexing city to provide appropriate governmental services within a reasonable time to such part.

      Sec.85.  1.  The governing body, at the next regular meeting after the 20-day notice period or if there is no such regular meeting at a special meeting called for such purpose within 30 days after the expiration of such period, shall hear any property owner who has filed a written protest as provided in section 84 of this act, and who desires to be heard. After hearing and considering such protests the governing body shall vote upon the question of such annexation. If a majority of all the members vote for such annexation an ordinance shall be enacted or other appropriate legal action taken declaring the annexation of the territory and the extension of the limits of the city accordingly.

      2.  Any person who desires his protest to be considered for the purposes of section 86 of this act shall state his name to the clerk of the governing body.

      Sec.86.  1.  Except as provided in subsection 2, the annexation shall be denied if protests are made, either in writing as provided in section 84 of this act of at the public hearing, by:

      (a) A majority in number of the real property owners of the territory proposed to be annexed; or

      (b) The owners of real property whose combined value is greater than 50 percent of the total value of real property in the territory proposed to be annexed, as determined by assessment for taxation.

      2.  Annexation of territory to a city may be approved over any protest if:

      (a) The territory proposed to be annexed is entirely surrounded by such city and;

             (1) Does not exceed 40 acres in area; or

             (2) Is subdivided for residential, commercial or industrial purposes;

      (b) Provision of municipal services, including without limitation water, sewerage, police protection and fire protection, to the territory proposed to be annexed is necessary to the public health, safety, convenience or welfare; and

      (c) The city to which annexation is proposed is or within a reasonable time will be able to supply the municipal services so required.

      Sec.87.  1.  Whenever it is necessary for the purposes of sections 61 to 91, inclusive, of this act to determine the number or identity of the owners of real property in a territory proposed to be annexed, a list of such owners, certified by the county assessor on any date between the initiation as provided in section 74 of this act and the hearing as provided in section 85 of this act, both dates inclusive, shall be prima facie evidence that only those persons named thereon are such owners.


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ê1967 Statutes of Nevada, Page 1625 (Chapter 538, AB 537)ê

 

such owners, certified by the county assessor on any date between the initiation as provided in section 74 of this act and the hearing as provided in section 85 of this act, both dates inclusive, shall be prima facie evidence that only those persons named thereon are such owners.

      2.  A petition or protest is sufficient for the purposes of sections 61 to 91, inclusive, of this act as to any parcel of real property:

      (a) Which is owned by more than one natural person, if it is signed by a majority of the owners.

      (b) Which is owned by an artificial person, if it is signed by any authorized agent.

      Sec.88.  1.  The governing body shall have power by ordinance or other appropriate legal action taken to diminish, reduce and contract the established limits or boundaries of the city and to detach and sever from the city any area or territory within such limits, in the following manner:

      (a) The governing body, of its own motion or upon petition in writing signed by a majority of the property owners within the area proposed or sought to be detached, shall cause to be prepared and filed with its clerk an accurate map or plat, made by a competent surveyor and certified by him, showing the area proposed or sought to be detached and the boundaries contemplated to be diminished or contracted.

      (b) Two copies of such plat, with a brief statement in duplicate of the reasons for the proposed action, shall then be filed with the commission, which shall review the proposal and act upon it in the manner provided by sections 75 to 82, inclusive, of this act.

      (c) The governing body shall then cause to be published in a newspaper in the city for not less than 1 week a notice of its intention to consider and act upon the matter of the proposed change in the boundaries, briefly describing such change and referring to the map on file, and fixing a time when the governing body will meet and consider objections or protests against the proposed change.

      (d) At the time fixed, unless there is presented and filed written objections or protests against such change, signed by a majority of the property owners within the area proposed or sought to be detached, the governing body may take favorable action upon the matter, and may by ordinance or other appropriate legal action taken declare the area under consideration severed and detached from the city, and the boundaries diminished or contracted as proposed.

      (e) A copy of the map mentioned in paragraph (a), certified by the surveyor and by the clerk, with a certified copy of the ordinance or action as passed, approved and published, shall be at once filed with the county recorder of the proper county and upon such filing the change in boundaries shall be deemed complete and the area detached.

      2.  Where any territory is detached from a city as provided in this section, provision shall be made for such proportion of any outstanding general obligations of such city as the assessed valuation of property in the territory bears to the total assessed valuation of property in such city and for such proportion of any obligations secured by the pledge of revenues from a public improvement as the revenue arising within the territory bears to the total revenue from such improvement as follows:

      (a) If the territory is annexed to another city, such proportionate obligation shall be assumed according to its terms by the annexing city.


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ê1967 Statutes of Nevada, Page 1626 (Chapter 538, AB 537)ê

 

      (b) If the territory is not so annexed, taxes shall be levied by the board of county commissioners upon all taxable property in the district, sufficient to discharge such proportionate general obligation according to its terms.

      (c) In lieu of either method provided in paragraphs (a) and (b), where substantially all of the physical improvements for which the obligation was incurred are within the territory remaining, and with the consent of the governing body of the city from which such territory is detached and of the holders of such obligations, the entire obligation may be assumed by such city and the detached territory released therefrom.

      Sec.89.  No change in the boundaries of any city shall become effective within 90 days next preceding any general election at which officers are chosen or issued determined for such city. Any annexation which would otherwise be effective within such period shall be effective on the day following such election.

      Sec.90.  At any stage of an annexation or detachment proceeding, or within 90 days from the date of its completion as provided in section 85 or section 88 of this act, any person or city claiming to be adversely affected by such proceeding may apply to the district court having jurisdiction of the territory proposed to be annexed for an order staying such proceeding or annulling such completed action. The court may accord such application precedence over any civil business not involving the public interest. In hearing and deciding on such application, the court shall consider any evidence or statements introduced at any administrative or legislative hearing and any evidence which it finds to have been arbitrarily or capriciously excluded. If the court finds that any of the steps required by sections 61 to 91, inclusive, of this act have not been duly taken or that any officer or body has abused its discretion in taking any action, the court shall make such temporary or final order in the premises as the ends of justice may require.

      Sec.91.  1.  Notwithstanding the provisions of sections 61 to 90, inclusive, of this act, the governing body of a city may annex contiguous territory if 100 percent of the owners of record of individual lots or parcels of land within such area sign a petition requesting the governing body to annex such area to the city. If such petition is received and accepted by the governing body, the governing body may proceed to adopt an ordinance annexing such area and to take such other action as is necessary and appropriate to accomplish such annexation.

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

      Sec. 92.  Chapter 242A of NRS is hereby repealed.

      Sec.93.  This act shall become effective upon passage and approval.

 

________

 


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ê1967 Statutes of Nevada, Page 1627ê

 

CHAPTER 539, SB 232

Senate Bill No. 232–Senators Bunker and Bailey

 

CHAPTER 539

 

AN ACT relating to drugs, medicines and related devices; to regulate the practice of pharmacy and the production, distribution and use of drugs, medicines and devices; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 27, 1967]

 

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

do enact as follows:

 

      Section1.  NRS 454.010 is hereby amended to read as follows:

      454.010  As used in NRS 454.010 to 454.170, inclusive, “poison” means any substance having an inherent deleterious property which when internally or externally applied to the body of man or animal is capable of causing damage to the tissues, destroying the action of vital functions of the body or causing death, and includes the compositions of the following schedules:

      Schedule “A”:

      1.  Aconite, belladonna, cantharadis and nux vomica.

      2.  Alkaloids and derivatives.

      3.  Antiseptic tablets containing corrosive sublimate.

      [2.] 4.  Arsenic, it’s compounds and preparations.

      [3.] 5.  Corrosive sublimate.

      [4.  Corrosive sublimate tablets.

      5.] 6.  Cyanide of potassium.

      [6.] 7.  Hydrocyanic acid.

      [7.] 8.  Oils of croton.

      [8.] 9.  Phosphorus and its poisonous derivatives or compounds.

      [9.] 10.  Rue and tansy.

      [10.] 11.  Sodium fluoracetate and preparations.

      12.  Strophanthus or its preparations.

      [11.] 13.  Strychnine.

      14.  Zinc phosphide and preparations.

      15.  All compounds, preparations or products, other than cosmetics, which contain any of the following poisons as the primary solvent or in amounts capable of causing intoxication or harmful physical effects if inhaled, absorbed or ingested:

      (a) Ethyl acetate.

      (b) Isobutyl ketone.

      (c) Methyl cellulose acetate.

      (d) Methyl ethyl ketone.

      (e) Trichlorethylene.

      Schedule “B”:

      1.  [Aconite.

      2.  Alkaloids or derivatives.

      3.  Belladonna.

      4.  Bromide.] Boric acid, powder or crystals.

      2.  Bromides.


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ê1967 Statutes of Nevada, Page 1628 (Chapter 539, SB 232)ê

 

      [5.  Cantharides

      6.] 3.  Chloroform.

      [7.] 4.  Camphor, spirits of camphor or camphorated oil.

      5.  Cocculus indicus or its preparations.

      [8.] 6.  Cowhage.

      [9.] 7.  Creosote.

      [10.] 8.  Ether.

      [11.] 9.  Hydrochloric or muriatic acid.

      [12.] 10.  Iodine or its tinctures.

      [13.] 11.  Nitric acid.

      [14.  Nux vomica.

      15.] 12.  Oils of savin and pennyroyal.

      [16.] 13.  Oxalic acid.

      [17.] 14.  Solution of formaldehyde or formalin.

      [18.] 15.  Sugar of lead.

      [19.] 16.  Sulphate of zinc.

      [20.] 17.  Sulphuric acid.

      [21.] 18.  Tartar emetic and other [poisonous] derivatives of antimony.

      [22.] 19.  Veratrum.

      [23.  Veride or preparations.

      24.] 20.  Wood alcohol [.] or methanol.

      Schedule “C”:

      1.  Carbon tetrachloride [.] or any preparation in which it is used as the primary solvent.

      2.  Any preparation or substance which contains any of the poisons listed in Schedule “A” or “B” in amounts capable of causing harmful physical effects if inhaled, absorbed or ingested, when such products or preparations are intended and designed for agricultural, commercial, economic, industrial or household use, and are labeled in compliance with the provisions of NRS 454.020 and 454.080.

      Sec.2.  NRS 454.020 is hereby amended to read as follows:

      454.020  1.  It [shall be] is unlawful for any person to vend, sell, give away or furnish, either directly or indirectly, any poisons enumerated in Schedules “A,” “B” and “C” in NRS 454.010 without labeling the container, package, box, bottle or paper in which the poison is contained with:

      (a) The name of the article.

      (b) The word [“poison.”] “poison,” which shall be printed in boldface type in capital letters not less than twice the size of other type on the label.

      (c) The name and place of business of the person [furnishing the same.

      2.  It shall be unlawful for any person to vend, sell, give away or furnish, either directly or indirectly, and poisons enumerated in Schedule “C” in NRS 454.010 without labeling the package, box, bottle or paper in which the poison is contained with, in addition to the items required by subsection 1 of this section, the following:


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ê1967 Statutes of Nevada, Page 1629 (Chapter 539, SB 232)ê

 

DANGER! HAZARDOUS VAPOR

AND LIQUID

MAY BE FATAL IF INHALED

OR SWALLOWED

 

Use only with adequate ventilation.

Do not breathe vapor.

Avoid prolonged or repeated contact with skin.

Do not take internally.

 

      3.  The label shall be substantially in the form provided in NRS 454.010 to 454.170, inclusive.] or firm manufacturing or selling the poison.

      (d) The vignette representing the skull and crossbones.

      (e) The first aid treatment or antidote approved by the board or the American Chemical Manufacturers Association for such poison.

      (f) Any supplemental warnings or cautions required by either state or federal law or by regulations of the board.

      2.  The label shall be printed in type that can be clearly read, upon red paper in distinct white letters or in distinct red letters upon white paper.

      Sec.3.  NRS 454.030 is hereby amended to read as follows:

      454.030  It [shall be unlawful to sell or deliver any of the poisons named in Schedule “A” or any other dangerously poisonous drug, chemical or medical substance which may from time to time be designated by the state board of pharmacy,] is unlawful to vend, sell, deliver or otherwise furnish any of the poisons named in Schedule “A” or “B” or any other dangerously poisonous drug, chemical or medical substance which may from time to time be designated by the board, unless on inquiry it is found that the person desiring the same is 18 years of age or older and is aware of its poisonous character, and it satisfactorily appears that it is to be used for a legitimate purpose.

      Sec.4.  NRS 454.040 is hereby amended to read as follows:

      454.040  It [shall be] is unlawful for any person to give a fictitious name or false address or make any false representations to the seller or dealer when buying any of the poisons enumerated in [NRS 454.010] Schedule “A” or the additions thereto.

      Sec.5.  NRS 454.050 is hereby amended to read as follows:

      454.050  1.  It [shall be] is unlawful to vend, sell, furnish or deliver any poison included in Schedule “A” [or] , the additions thereto or those enumerated by the board in a regulation adopted in compliance with chapter 233B of NRS without making or causing to be made, at the time of the sale, an entry in a book kept solely for that purpose, stating:

      [1.] (a) The date [and hour] of sale.

      [2.] (b) The name, complete residence or business address and signature of the purchaser.

      [3.] (c) The name and quantity of the poison sold.

      [4.] (d) The statement by the purchaser of the purpose for which [it] the poison is required.

      [5.] (e) The [name] signature of the dispenser, who must be a [duly] registered pharmacist [.]


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ê1967 Statutes of Nevada, Page 1630 (Chapter 539, SB 232)ê

 

[duly] registered pharmacist [.] or a registered pharmaceutical clerk acting under the direct and immediate supervision of a registered pharmacist.

      2.  The provisions of this section do not apply when the poisons enumerated in Schedule “A” are used as solvents for glues and cements used in the making of models, when sold in single units or containers simultaneously with or as a part of a kit to be used for the construction of model airplanes, boats, automobiles, trains or other similar models if such kits have been assembled by a recognized manufacturer of such kits and are advertised as such.

      Sec.6.  NRS 454.060 is hereby amended to read as follows:

      454.060  1.  The poison book shall be in form substantially as follows:

 

Date

[and

Hour]

Name

of

Purchaser

Residence

Kind

and

Quality

Purpose

of

Use

Signature

of

[Druggist]

Pharmacist

Signature

of

Purchaser

 

      2.  This book shall always be open for inspection by [the proper authorities,] authorized officers of the law acting in their official capacity, and shall be preserved for at least 5 years after the date of the last entry therein.

      Sec.7.  NRS 454.090 is hereby amended to read as follows:

      454.090  [Wholesale dealers] 1.  Dealers, manufacturers and pharmacists are exempted from the registration of the sale of any poison enumerated in Schedule “A” or the additions thereto when sold [at wholesale to] :

      (a) To a registered pharmacist, physician, dentist , chiropodist or veterinary surgeon duly licensed to practice in the state; [but the]

      (b) To a manufacturer or wholesaler;

      (c) To a research, teaching or testing laboratory; or

      (d) To other established, legitimate users in chemical or technical arts.

      2.  The provisions of NRS 454.010 to 454.170, inclusive, shall not apply to the sale of [such poisons] any poison upon the prescriptions of practicing physicians, dentists, chiropodists or veterinary surgeons who are [duly] licensed to practice in this state.

      Sec.8.  NRS 454.120 is hereby amended to read as follows:

      454.120  1.  The [state board of pharmacy] board shall adopt a schedule of what in its judgment are the most suitable common antidotes and first aid treatments for the various poisons usually sold.

      2.  After the board has adopted the schedule of antidotes and first aid treatments as provided for in subsection 1, the board shall have the same printed and shall forward by mail one copy to each person registered upon its books, and to any other person applying for the same.

      3.  The particular antidote adopted [(and no other)] or the first aid treatment approved by the board shall appear on the poison label provided for in NRS [454.070,] 454.020 and 454.080, or shall be attached to the package containing the poison.

      4.  The board shall have power to revise and amend the list of antidotes or first aid treatments from time to time, as the board deems advisable.


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ê1967 Statutes of Nevada, Page 1631 (Chapter 539, SB 232)ê

 

      Sec.9.  NRS 454.150 is hereby amended to read as follows:

      454.150  The commissioner and agents appointed as provided in chapter 585 of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act are designated and constituted agents for the enforcement of NRS 454.010 to 454.170, inclusive, and shall cooperate with the [state board of pharmacy] board in carrying out the provisions of NRS 454.010 to 454.170, inclusive. For this purpose, they shall have free access at all times during business hours to all places where drugs, medicines or poisons are offered for sale.

      Sec.10.  NRS 454.160 is hereby amended to read as follows:

      454.160  The district attorney of the county wherein any violation of NRS 454.010 to 454.170, inclusive, is committed shall conduct all actions and prosecutions for the same at the request of the [state board of pharmacy.] board.

      Sec.10.5.  Chapter 454 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      This chapter shall not apply to:

      1.  Products subject to the provisions of the Federal Hazardous Substances Labeling Act (15 U.S.C. §§ 1261-1273).

      2.  Products registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §§ 135-135k).

      Sec.11.  NRS 454.180 is hereby amended to read as follows:

      454.180  Definitions of words and terms in NRS 454.190 [to 454.300, inclusive,] , 454.220 and 454.230 apply to NRS 454.180 to 454.450, inclusive, and sections 47 to 62, inclusive, of this act, only.

      Sec. 12.  NRS 454.190 is hereby amended to read as follows:

      454.190  “Administer” means the furnishing [by] :

      1.  By a physician and surgeon, dentist, chiropodist or veterinarian to his patient of such amount of drugs or medicines referred to in NRS 454.180 to 454.450, inclusive, and sections 47 to 62, inclusive, of this act, as are necessary for the immediate needs of the patient [.] ; or

      2.  By a nurse pursuant to a hospital chart order of individual doses of a drug or medicine:

      (a) From an original container which has been furnished as floor or ward stock by a hospital pharmacy;

      (b) From a container dispensed by a registered pharmacist pursuant to a prescription; or

      (c) Furnished by a physician, dentist, chiropodist or veterinarian.

      Sec.13.  NRS 454.220 is hereby amended to read as follows:

      454.220  “Dangerous drug” means any drug unsafe for self-medication [, except preparations of drugs defined in subsections 5, 6, 8 and 9 of this section, designed for the purpose of feeding or treating animals (other than man) or poultry, and so labeled, and includes the following:

      1.  Any hypnotic drug. “Hypnotic drug” includes acetyluria derivatives, barbituric acid derivatives, chloral, paraldehyde, sulfomethane derivatives, or any compounds or mixtures or preparations that may be used for producing hypnotic effects.

      2.  Aminopyrine, or compounds or mixtures thereof.

      3.  Amphetamine, desoxyephedrine, or compounds or mixtures thereof, except preparations for use in the nose and unfit for internal use.

      4.  Cinchophen, neocinchophen, or compounds or mixtures thereof.


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ê1967 Statutes of Nevada, Page 1632 (Chapter 539, SB 232)ê

 

      5.  Diethyl-stilbestrol, or compounds or mixtures thereof.

      6.  Ergot, cotton root, or their contained or derived active compounds or mixtures thereof.

      7.  Oils of croton, rue, savin or tansy or their contained or derived compounds or mixtures thereof.

      8.  Sulfanilamide or substituted sulfanilamides, or compounds or mixtures thereof, except preparations for topical application only containing not more than 5 percent strength.

      9.  Thyroid and its contained or derived active compounds or mixtures thereof.

      10.  Phenylhydantoin derivatives.

      11.  Any drug which bears the legend: “Caution: Federal law prohibits dispensing without prescription.”

      12.  Hypnotic drugs when combined and compounded with non-hypnotic drugs.] or unsupervised use on animals and includes all drugs:

      1.  Which have been approved by the Food and Drug Administration for general distribution and bear the legend: “Caution: Federal law prohibits dispensing without prescription”; or

      2.  The sale of which has been restricted to prescription only by regulation adopted by the board because the board has found such drugs to be dangerous to public health or safety.

      Sec.14.  NRS 454.230 is hereby amended to read as follows:

      454.230  “Dispense” means the furnishing of [the medicines referred to in NRS 454.180 to 454.450, inclusive,] :

      1.  Drugs by a registered pharmacist upon the legal prescription from a physician, dentist, chiropodist or veterinarian [.] ; or

      2.  Drugs or medicines to a patient personally by a physician, dentist, chiropodist or veterinarian in any amount greater than that which is necessary for the present and immediate needs of the patient.

      Sec.15.  NRS 454.310 is hereby amended to read as follows:

      454.310  1.  No person shall furnish any dangerous drug except upon the prescription of a physician, dentist, chiropodist or veterinarian.

      2.  The provisions of this section do not apply to the furnishing of any dangerous drug by a physician, dentist, chiropodist or veterinarian to his own patients as provided in section 58 of this act or by a manufacturer or wholesaler or pharmacy to each other or to a physician, dentist, chiropodist or veterinarian or to a laboratory under sales and purchase records that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity.

      Sec.16.  NRS 454.320 is hereby amended to read as follows:

      454.320  No [person] pharmacist shall dispense any dangerous drug upon prescription except in a container correctly labeled with:

      1.  The date;

      2.  The name and address and prescription number of the [furnisher;] pharmacy;

      3.  The names of the prescriber and of the person for whom prescribed; [and]

      4.  [The] Specific directions for use given by the prescriber [.] ; and

      5.  The expiration date of the effectiveness of the drug dispensed, if such information is required on the original label of the manufacturer of such drug.


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ê1967 Statutes of Nevada, Page 1633 (Chapter 539, SB 232)ê

 

      Sec.17.  NRS 454.330 is hereby amended to read as follows:

      454.330  No prescription for any dangerous drug may be refilled except [upon authorization of the prescriber, which may be given orally or at the time of giving the original prescription.] in compliance with the provisions of sections 48 to 56, inclusive, of this act.

      Sec.18.  NRS 454.350 is hereby amended to read as follows:

      454.350  1.  All stock and records of purchase and disposition of any dangerous drug or manufacturer, wholesaler, pharmacy, physician, dentist, chiropodist, veterinarian [or] , hospital, laboratory or a nonprofit cooperative agriculture organization which supplies and distributes drugs and medicines only to it members shall be at all times, during business hours, open to inspection by agents, assistants, members and inspectors of the board [.] , inspectors of the Food and Drug Administration, and agents and commissioners appointed under chapter 585 of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act. Such records shall be preserved for at least 3 years from the date of making.

      2.  Any person who fails, neglects or refuses to maintain such records or who, when called upon by an authorized officer to produce such records, fails, neglects or refuses to produce such records, or who willfully produces or furnishes records which are false, is guilty of a misdemeanor.

      Sec.19.  NRS 454.370 is hereby amended to read as follows:

      454.370  All agents, assistants and inspectors of the board [,] and peace officers, while investigating violations of NRS 454.180 to 454.450, inclusive, and sections 47 to 62, inclusive, of this act, in performance of their official duties, and any person working under their immediate direction, supervision or instruction are immune from prosecution under NRS 454.180 to 454.450, inclusive [.] , and sections 47 to 62, inclusive, of this act.

      Sec.20.  NRS 454.380 is hereby amended to read as follows:

      454.380  [1.] Every person who violates any provision of NRS 454.180 to 454.450, inclusive, and sections 47 to 62, inclusive, of this act, by use of a minor as an agent or by unlawfully furnishing any dangerous drug to a minor shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      [2.  Nothing contained in this section shall apply to a registered pharmacist furnishing such drugs pursuant to a prescription.]

      Sec.21.  NRS 454.390 is hereby amended to read as follows:

      454.390  [Every person who forges or increases the quantity of dangerous drugs in any prescription or who issues a prescription bearing a forged or fictitious signature for any dangerous drug, or who obtains any dangerous drug by any forged, fictitious or altered prescription, or who has in possession any dangerous drug secured by such forged, fictitious or altered prescription, is guilty of a gross misdemeanor.]

      1.  Every person who signs the name of another, or of a fictitious person, or falsely makes, alters, forges, utters, publishes or passes, as genuine, any prescription for a dangerous drug is guilty of a felony.

      2.  Any person who knowingly has in his possession any false, fictitious, forged or altered prescription for a dangerous drug is guilty of a gross misdemeanor.

      3.  Every person who knowingly obtains or has in his possession or under his control any dangerous drug secured as a result of any forged, false, fictitious or altered prescription is guilty of a gross misdemeanor.


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ê1967 Statutes of Nevada, Page 1634 (Chapter 539, SB 232)ê

 

under his control any dangerous drug secured as a result of any forged, false, fictitious or altered prescription is guilty of a gross misdemeanor.

      Sec. 22.  NRS 454.395 is hereby amended to read as follows:

      454.395  1.  Except as otherwise provided in this section, every person who possesses any drug defined in [subsections 1, 2, 11 and 12 of] NRS 454.220, except [upon the written prescription of] that furnished to such person by a pharmacist pursuant to a legal prescription or a physician, dentist, chiropodist or veterinarian, [licensed to practice in this state,] is guilty of a gross misdemeanor. If such person has been twice previously convicted of any offense:

      (a) Described in this section; or

      (b) Under any other law of the United States or this or any other state or district which if committed in this state would have been punishable as an offense under this section,

he shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.

      2.  No prescription is required for possession of such drugs by pharmacists, physicians, dentists, chiropodists, veterinarians, jobbers, wholesalers, manufacturers or laboratories [, or] authorized by laws of this state to handle, possess and deal in such drugs when such drugs are in stock containers properly labeled and have been procured from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses such dangerous drugs in a reasonable amount for use solely in the treatment of livestock on his own premises.

      Sec.23.  NRS 454.400 is hereby amended to read as follows:

      454.400  Except as otherwise specifically provided [in NRS 454.380] every person who violates any provision of NRS 454.180 to 454. 450, inclusive, or sections 47 to 62, inclusive, of this act is guilty of a [gross] misdemeanor.

      Sec.24.  NRS 454.410 is hereby amended to read as follows:

      454.410  A conviction of the violation of any of the provisions of NRS 454.180 to 454.450, inclusive, and sections 47 to 62, inclusive, of this act shall constitute grounds for the suspension or revocation of any license issued to such person under any of the provisions of chapters 630, 631, 633, 635, 638 or 639 of NRS.

      Sec.25.  NRS 454.420 is hereby amended to read as follows:

      454.420  The board shall administer and enforce NRS 454.180 to 454.450, inclusive [.] , and sections 47 to 62, inclusive, of this act.

      Sec.26.  NRS 454.430 is hereby amended to read as follows:

      454.430  1.  If the board, after a hearing following notice to persons who have filed written requests therefor with the board, finds any drug to be dangerous to the public health or safety, it may make other rules, not inconsistent with NRS 454.180 to 454.450, inclusive, and sections 47 to 62, inclusive, of this act, limiting or restricting the furnishing of such drug.

      2.  A violation of any such rule shall be punished in the same manner as is provided in NRS 454.380 and 454.400.

      Sec.27.  NRS 454.450 is hereby amended to read as follows:

      454.450  Upon request, the board shall furnish any person with a copy of the laws or regulations relating to dangerous drugs, the furnishing or possession of which is restricted by NRS 454.180 to 454.450, inclusive, and sections 47 to 62, inclusive, of this act, or by further rules of the board.


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ê1967 Statutes of Nevada, Page 1635 (Chapter 539, SB 232)ê

 

inclusive, and sections 47 to 62, inclusive, of this act, or by further rules of the board.

      Sec.28.  Chapter 454 of NRS is hereby amended by adding thereto the provisions set forth as sections 29 to 83, inclusive, of this act.

      Sec.29.  1.  As used in this chapter, the words and terms defined in sections 30 to 46, inclusive, of this act, shall have the meanings ascribed to them in sections 30 to 46, inclusive, of this act, unless a different meaning clearly appears in the context.

      2.  Unless the context otherwise required, the singular number shall include the plural number, and the masculine gender shall include the feminine gender.

      Sec.30.  “Authorized officers of the law” means:

      1.  Peace officers;

      2.  Members, investigators and inspectors of the board;

      3.  Inspectors of the Food and Drug Administration; and

      4.  Commissioners and agents appointed as provided in chapter 585 of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act.

      Sec.31.  “Board” means the state board of pharmacy.

      Sec. 32.  “Chart order” is an order entered on the chart or medical record of a patient registered in a hospital or under emergency treatment in a hospital by or on the order of an authorized practitioner authorizing the administration of a drug from hospital floor or ward stock furnished by the hospital pharmacy. Any such order shall be considered to be a prescription if such medication is to be furnished by a pharmacy directly to the patient. The chart order shall be signed by the prescriber at the time it is entered or on his next visit to the hospital.

      Sec.33.  “Chemical” includes all chemicals intended, designed and labeled for use in the cure, treatment, mitigation or prevention of disease in man or other animals.

      Sec.34.  “Furnish” means to supply by any means, by sale or otherwise.

      Sec.35.  “Hospital” means any institution, place, building or agency, licensed by the state as a hospital, which maintains and operates organized facilities to which more than one person may be admitted for an overnight stay for the diagnosis, care and treatment of human illnesses, except sanitariums, rest homes, nursing or convalescent homes, maternity homes or institutions for treating alcoholics.

      Sec.36.  (Deleted by amendment.)

      Sec.37.  “Hypnotic drug” is any drug, compound, mixture or preparation which may be used to produce or is capable of producing a hypnotic effect.

      Sec.38.  “Hypodermics” means any syringe, needle, instrument, device or implement intended or capable of being adapted for the purpose of administering drugs by subcutaneous, intramuscular or intravenous injection.

      Sec.39.  “Laboratory” means a research, teaching or testing laboratory not engaged in the sale of drugs but using dangerous drugs for scientific or teaching purposes.

      Sec.40.  “Manufacturer” means a person, other than a registered pharmacist practicing in a licensed pharmacy, who derives, produces, prepares, compounds, mixes, cultivates, grows or processes any drug, repackages any drug for the purpose of resale or who makes, produces or prepares any hypodermic or prophylactic device.


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ê1967 Statutes of Nevada, Page 1636 (Chapter 539, SB 232)ê

 

prepares, compounds, mixes, cultivates, grows or processes any drug, repackages any drug for the purpose of resale or who makes, produces or prepares any hypodermic or prophylactic device.

      Sec.41.  “Person” includes a firm, association, partnership or corporation.

      Sec. 42.  “Pharmacy” means every store or shop licensed under the provisions of chapter 639 of NRS where prescriptions are compounded and dispensed and dangerous drugs, narcotics, poisons, medicines or chemicals are stored or possessed, or dispensed, sold or displayed at retail.

      Sec.43.  1.  “Physician,” “dentist,” “chiropodist,” “veterinarian” and “pharmacist” mean persons authorized by a currently valid and unrevoked license to practice their respective professions in this state.

      2.  The word “physician” includes osteopathic physicians and surgeons and chiropractic physicians, but only to the extent they are authorized by chapters 633 and 634 of NRS to use drugs, chemicals and hypodermic devices in the practice of their respective professions.

      Sec.44.  “Prescription” means an order given individually for the person for whom prescribed, directly from the prescriber to the pharmacist or indirectly by means of an order signed by the prescriber, and shall contain the name and address of the prescriber, his license classification, the name and address of the patient, the name and quantity of the drug or drugs prescribed, directions for use and the date of issue. Directions for use shall be specific in that they shall indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

      Sec.45.  “Prophylactic” means any device, appliance or medicinal agent used in the prevention of venereal disease.

      Sec.46.  “Wholesaler” means a person who supplies dangerous drugs, chemicals or hypodermic or prophylactic devices that he himself has not derived, produced, repackaged or prepared, on sales orders for resale but not on prescriptions, except a nonprofit cooperative agricultural organization which supplies or distributes drugs and medicines only to its own members.

      Sec.46.5.  It is unlawful for any person, other than a registered pharmacist or a pharmaceutical clerk acting under the direct and immediate supervision of a registered pharmacist, to vend, sell, furnish or deliver any poison enumerated in schedule “B” of NRS 454.010.

      Sec.47.  No pharmacist shall knowingly fill or refill any prescription for a dangerous drug for use by any person other than the one for whom the prescription was originally issued.

      Sec.48.  1.  Any prescription for a barbiturate, amphetamine, desoxyephedrine or any preparation thereof, or any other drug found to have a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect, and so designated by the Food and Drug Administration, regardless of the refill authorization given by the prescriber, shall not be refilled more than five times or for a period of more than 6 months, whichever occurs first.

      2.  If no refill authorization is given by the prescriber, or if the prescription is refillable and has been refilled for the number of times or for the period of time set forth in subsection 1, the original prescription shall be voided and a new prescription must be obtained and placed on the prescription file.


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ê1967 Statutes of Nevada, Page 1637 (Chapter 539, SB 232)ê

 

be voided and a new prescription must be obtained and placed on the prescription file.

      Sec.49.  Except as provided in section 48 of this act, a prescription which bears specific refill authorization, given by the prescriber at the time he issued the original prescription, may be refilled in the pharmacy in which it was originally filled, for the number of times authorized or over the period of time authorized, but only in keeping with the number of doses ordered and the directions for use; but in no case shall the prescription be refilled after 1 year has elapsed from the date it was originally filled.

      Sec.50.  Except as provided in section 48 of this act, a prescription which bears authorization, permitting the pharmacist to refill the prescription as needed by the patient, may be refilled in keeping with the number of doses ordered and the directions for use within 1 year from the date it was originally filled.

      Sec.51.  Except as provided in section 48 of this act, an original prescription which does not bear refill authorization, or a prescription on which the original refill authorization has expired, may be refilled if additional authorization has been obtained from the prescriber or another doctor with the same license classification acting in the absence of the original prescriber. Such information may be relayed to the pharmacist by an authorized agent employed by the prescriber, if the prescriber, or another doctor acting in his absence, is available and can be contacted by the nurse.

      Sec. 52.  A physician may issue a blanket authorization individually to any pharmacist authorizing such pharmacist to refill prescriptions written by the physician, for drugs, other than those enumerated in section 48 of this act, which are considered necessary in the treatment of chronic or continuing illnesses of his patients. Such authorization shall be in writing, signed by the physician, and shall list the types of drugs to be covered and any limitations or conditions the physician may desire. Such authorization shall be retained by the pharmacist and available for inspection and shall be valid authorization for the pharmacist to refill such prescriptions for a period of 1 year from the date of issue.

      Sec.53.  Except as provided in section 48 of this act, in the absence of specific refill authorization, when the refilling of a prescription calling for a dangerous drug needed for the continuation of a treatment of a chronic illness is considered necessary and the pharmacist is unable to contact the prescriber, the pharmacist may, if in his professional judgment he feels that such drug should be provided for the patient, furnish a sufficient supply of the medication to provide for the continuation of treatment until such time as the prescriber can be personally contacted.

      Sec.54.  No prescription for a dangerous drug may be refilled after the demise of the prescriber.

      Sec.55.  A record of each refill of any prescription for a dangerous drug or any authorization to refill such a prescription shall be kept on the back of the original prescription, or on a separate card or paper securely attached thereto, showing the date of each refill or authorization and the name or initials of the pharmacist who refilled the prescription or obtained the authorization to refill.


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ê1967 Statutes of Nevada, Page 1638 (Chapter 539, SB 232)ê

 

      Sec.56.  Any refill authorization issued pursuant to the provisions of sections 48 to 55, inclusive, of this act, may be rescinded at any time after such authorization is given, either by the original prescriber or by another doctor acting in his behalf or by another doctor who is then caring for the patient for whom the original prescription was issued, by notifying the pharmacy in which the prescription was filled either orally or in writing.

      Sec.57.  1.  Every retail pharmacy, hospital, laboratory, wholesaler, manufacturer, or any physician, dentist, chiropodist or veterinarian who engages in the practice of dispensing or furnishing drugs to patients shall maintain a complete and accurate record of all dangerous drugs purchased and those sold on prescription, dispensed, furnished or disposed of otherwise.

      2.  Such records shall be retained for a period of 3 years and shall be open to inspection by members, inspectors or investigators of the board or inspectors of the Food and Drug Administration. No special form of record is required provided that an accurate accountability can be furnished within a reasonable time after a demand by a person authorized to inspect such records.

      3.  Invoices showing all purchases of dangerous drugs shall be considered as a complete record of all dangerous drugs received. Invoices showing the purchase of depressant or stimulant drugs, including barbiturates, amphetamines or desoxyephedrine, or any other drug or drugs so designated by the Federal Drug Administration, must include the federal registration number of the furnisher.

      4.  For the purpose of this section, the prescription files of a pharmacy shall constitute a record of the disposition of all dangerous drugs.

      Sec.58.  1.  The provisions of this chapter do not apply to a physician, dentist, chiropodist or veterinarian who dispenses drugs and who personally furnishes his own patients with such drugs as are necessary in the treatment of the condition for which he attends such patient, if:

      (a) He keeps accurate records, as required by section 57 of this act, of all drugs so furnished; and

      (b) The drugs so furnished are clearly labeled with the date, the name and address of the furnisher, the name of the patient, the directions for use and the expiration date of the effectiveness of the drug, if such information is required on the original label of the manufacturer of such drug; and

      (c) Such drugs are not dispensed or furnished by a nurse or attendant.

      2.  A veterinarian may furnish multiple doses of drugs, necessary for the treatment of large animals, to ranchers or dealers in livestock for use solely in the treatment of livestock on the premises of such rancher or dealer, and when furnishing such drugs the veterinarian is not required to comply with the provisions of subsection 1.

      Sec.59.  1.  Anyone authorized by the provisions of section 58 of this act to dispense drugs to his own patients who permits the dispensing or furnishing of any dangerous drug in violation thereof is guilty of a misdemeanor.

      2.  Any person who dispenses or furnishes any dangerous drug in violation of section 58 of this act is guilty of a misdemeanor.


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ê1967 Statutes of Nevada, Page 1639 (Chapter 539, SB 232)ê

 

      Sec.60.  Every person who, in order to obtain any dangerous drug, falsely represents himself in a telephone conversation with a pharmacist to be a physician or other person who can lawfully prescribe such drugs or to be acting in behalf of a person who can lawfully prescribe drugs is:

      1.  For the first offense, guilty of a misdemeanor.

      2.  For any subsequent offense, guilty of a felony.

      Sec.61.  It is unlawful for any person within this state to possess, sell, offer to sell or hold for the purpose of sale or resale any nasal inhaler which contains any drug capable of causing stimulation to the central nervous system unless:

      1.  The product contains a denaturant in sufficient quantity to render it unfit for internal use; and

      2.  The product is among such products listed as approved by the board in the regulations officially adopted by the board.

      Sec. 62.  1.  Any person within this state who possesses, procures, obtains, processes, produces, derives, manufactures, sells, offers for sale, gives away or otherwise furnishes any drug which may not be lawfully introduced into interstate commerce under the Federal Food, Drug and Cosmetic Act is guilty of a misdemeanor.

      2.  The provisions of this section do not apply to physicians licensed to practice in this state who have been authorized by the Food and Drug Administration to possess experimental drugs for the purpose of conducting research to evaluate the effectiveness of such drugs and who maintain complete and accurate records of the use of such drugs and submit clinical reports as required by the Food and Drug Administration.

      Sec.63.  1.  No person, unless he has obtained a permit from the board, may vend, sell, offer to sell or furnish any hypodermic device. Upon approval of an application submitted on a form furnished by the board and upon payment of the fee provided in NRS 639.170, the board may, in its discretion, issue a permit to any person, authorizing such person to sell hypodermic devices for the purposes and uses specified on such permit. The board shall retain the right to limit the sale of hypodermic devices by permittees and to provide such restrictions as it deems advisable in the public interest.

      2.  Each permit shall be issued to a specific person for a specific location and shall not be transferable. The permit shall be valid for no more than 1 year, and shall expire on June 30. Applications for renewal and the renewal fee shall be submitted to the board not less than 30 days prior thereto.

      3.  The licenses issued by the board, pursuant to NRS 639.100, to pharmacies, wholesalers and manufacturers shall include the right to handle, sell and deal in such devices.

      Sec.64.  1.  Hypodermic devices may be sold by pharmacists on the prescription of a physician, dentist or veterinarian. Such prescriptions shall be filed as required by section 154 of this act, and may be refilled as authorized by the prescriber. Records of refilling shall be maintained as required by NRS 454.330 and sections 48 to 56, inclusive, of this act.

      2.  Pharmacists and others holding hypodermic permits, unless the permit limits otherwise, may sell hypodermic devices without prescription for the following purposes:


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ê1967 Statutes of Nevada, Page 1640 (Chapter 539, SB 232)ê

 

      (a) For use in the treatment of persons having asthma or diabetes.

      (b) For use in injecting medications prescribed by a physician for the treatment of human beings.

      (c) For the injection of drugs in animals or poultry.

      (d) Fr commercial or industrial use or use by jewelers or other merchants having need for such devices in the conduct of their business, or by hobbyists when the seller is satisfied that the device will be used for legitimate purposes.

      (e) For use by funeral directors and embalmers, licensed medical technicians or technologists, or research laboratories.

      3.  The sale without prescription of any hypodermic device intended for human use, as set forth in paragraphs (a) and (b) of subsection 2, shall be limited to pharmacists and all such sales must be recorded as provided in section 65 of this act.

      Sec.65.  1.  All sales of hypodermic devices sold without prescription shall at the time of sale be recorded by the person making the sale. The record shall show the date, the name and address of the purchaser, the size, type and quantity of devices sold, the name or initials of the person making the sale and the purpose for which the device is to be used. It shall be the responsibility of the seller to ascertain, to his satisfaction, that the device is to be legitimately used for the purpose stated by the purchaser. The record shall be retained for a period of 3 years from the date of the last entry thereon and shall be open to inspection by authorized officers of the law acting in their official capacity.

      2.  The recording of sales required by this section does not apply to the sale of hypodermic devices by manufacturers, wholesalers, pharmacies or persons holding retail hypodermic permits, not otherwise limited, when such sales are made to other manufacturers, wholesalers or pharmacies, or to physicians, dentists, chiropodists, veterinarians, hospitals, registered nurses or other permittees.

      3.  The provisions of subsections 1 and 2 of this section shall not apply to a physician, dentist or veterinarian when furnishing a hypodermic device to a patient for use in the treatment of the patient.

      Sec.66.  The board shall establish, by regulation, the type of devices other than hypodermic needles and syringes that must be sold in compliance with the provisions of sections 63 to 69, inclusive, of this act. Proceedings in adopting such regulations shall be conducted in compliance with the provisions of chapter 233B of NRS.

      Sec.67.  It is unlawful for any person to have in his possession or under his control, or to vend, sell, offer to sell, furnish or otherwise dispose of any hypodermic device unless he has acquired possession of such device in accordance with the provisions of sections 63 to 69, inclusive, of this act.

      Sec.68.  Any person who has lawfully obtained a hypodermic device, as provided by sections 63 to 69, inclusive, of this act, and uses, permits or causes, directly or indirectly, such device to be used for any purpose other than that for which it was purchased is guilty of a misdemeanor.

      Sec.69.  Any person who obtains possession of any hypodermic device by a false or fraudulent representation, a forged or fictitious name, or in violation of the provisions of sections 63 to 69, inclusive, of this act, is guilty of a misdemeanor.


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ê1967 Statutes of Nevada, Page 1641 (Chapter 539, SB 232)ê

 

      Sec.70.  1.  The board shall issue licenses to the following applicants who have filed application therefor on a form furnished by the board:

      (a) Manufacturers whose products have been submitted for examination and approved by the board for distribution in this state.

      (b) Wholesalers who distribute approved prophylactic products for resale in this state.

      (c) Persons who as distributors supply vending machines which are intended to vend such products to the public.

      2.  The license shall be valid for not more than 1 year and shall expire on June 30. Application for renewal must be made prior to that date.

      3.  An expired license may be renewed only:

      (a) Upon payment of a penalty fixed by the board which shall not exceed the annual renewal fee; or

      (b) Without penalty, upon showing that the applicant did not engage in business as such manufacturer after the date of expiration.

      Sec.71.  All prophylactic products distributed for resale or offered for sale to the public in this state must comply with the standards and requirements set forth in sections 72 to 76, inclusive, of this act.

      Sec. 72.  1.  The registered trademark or the name of the manufacturer, and the date of manufacture, expressed either as the month and year or the quarter and year of manufacture, must appear on each prophylactic sheath, except that when sheaths are premoistened and packaged in individual sealed containers, either the sheath or the individual container thereof may be so marked.

      2.  The date of manufacture must also appear on the outside of each bulk container distributed by a manufacturer.

      Sec.73.  1.  All prophylactic sheaths shall be nonporous and made of such material that their effectiveness will not be destroyed by the application of lubricants commonly used in connection therewith, including prophylactic ointments, petroleum jellies, mineral oils or lubricating creams.

      2.  Rubber prophylactic sheaths shall have no defects in material or workmanship and shall not be less than 0.0012 inch in thickness.

      3.  Skin prophylactic sheaths shall have no obnoxious odors, contain no deteriorating fats or greases, and have no defects in material or workmanship.

      4.  Nylon prophylactic sheaths, or others made from any synthetic materials, shall have no defects in either material or workmanship.

      Sec.74.  No prophylactic sheath may be offered for sale or distributed:

      1.  By a manufacturer, wholesaler or distributor, if the date of manufacture indicates that the prophylactic was manufactured more than 1 year prior to such sale or distribution; or

      2.  At retail, or stocked in any automatic vending device accessible to the public, if the date of manufacture indicates that the prophylactic was manufactured more than 3 years prior to such sale or stocking.

      Sec.75.  Premoistening lubricants shall be water soluble and must be free of foreign materials. They shall be composed of materials which will inhibit the growth of mold or bacteria at temperatures to which they are normally exposed.


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ê1967 Statutes of Nevada, Page 1642 (Chapter 539, SB 232)ê

 

      Sec.76.  Prophylactic ointment shall meet the following specifications and requirements:

      1.  Single tube prophylactics shall contain at least 30 percent calomel and 1 percent phenol or its germicidal equivalent.

      2.  Where the prophylactic comes in two-tube units, one tube shall contain at least 30 percent calomel, and the other tube, of a distinctly different color, shall contain 0.25 percent to 0.5 percent silver picrate or the equivalent strength of another effective silver salt in a water miscible vehicle.

      3.  All tubes shall contain and deliver not less than 3 grams.

      4.  All ointments shall be of such consistency as to be easily applied at body temperature.

      5.  Directions for use must include a caution to apply the prophylactic within 1 hour after exposure.

      6.  Control records shall be maintained by the manufacturer to insure sterility, purity and potency. Each lot shall be serially numbered and the serial number shall appear on each individual unit offered for sale.

      Sec.77.  The board may revoke any license issued to a manufacturer, wholesaler or distributor who violates any of the provisions of sections 70 to 83, inclusive, of this act, but no administrative proceeding may be initiated against a licensee until he has been notified of the violation and given a reasonable time, not less than 10 days, to correct such violation and so notify the board. If the licensee so complies and no subsequent violation of the same nature occurs, no proceeding may be initiated.

      Sec.78.  The board or any authorized officer of the law shall have the right to seize any prophylactic product found within this state which does not conform to the standards set forth in sections 72 to 76, inclusive, of this act, or which have not been approved by the board as indicated in the rules and regulations adopted by the board.

      Sec.79.  1.  Any vending machine or automatic vending device which contains prophylactic products and is accessible to the public shall bear identification, visible to the public, showing the name, address and wholesale or manufacturer license number of the owner or the person who supplies the prophylactic products contained therein.

      2.  Failure to comply with subsection 1 of this section shall:

      (a) Subject the vending device and the prophylactics contained therein to the provisions of section 78 of this act; and

      (b) Be grounds for the suspension or revocation of any license issued to the owner of such vending device.

      Sec.80.  Any owner or supplier of any vending machine or automatic vending device who fails to comply with the provisions of section 79 of this act, is guilty of a misdemeanor.

      Sec.81.  It is unlawful for any person to vend, sell, give away or furnish, directly or indirectly, any prophylactic, except those which have been examined and approved by the board as complying with the standards set forth in sections 72 to 76, inclusive, of this act, and distributed by a manufacturer who has been licensed by the board.

      Sec. 82.  Any person found to be in possession of any vending machine or automating vending device, accessible to the public, containing prophylactic products, or any person found to be in possession of any prophylactic product held for the purpose of resale, who, when requested by an authorized officer of the law, fails, neglects or refuses to supply information or who furnishes false information as to the ownership of such vending device or the name of the person who supplied the prophylactics contained therein, or the prophylactic products found in his possession, is guilty of a misdemeanor.


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ê1967 Statutes of Nevada, Page 1643 (Chapter 539, SB 232)ê

 

requested by an authorized officer of the law, fails, neglects or refuses to supply information or who furnishes false information as to the ownership of such vending device or the name of the person who supplied the prophylactics contained therein, or the prophylactic products found in his possession, is guilty of a misdemeanor.

      Sec.83.  Any person who violates any of the provisions of sections 70 to 83, inclusive, of this act, is guilty of a misdemeanor, and each violation constitutes a separate and distinct offense.

      Sec.84.  NRS 639.050 is hereby amended to read as follows:

      639.050  1.  The board shall hold a meeting at least once in every 6 months.

      2.  Three members of the board shall constitute a quorum.

      3.  All meetings of the board shall be open to the public, except for executive sessions which are held to deliberate on the decision in an administrative action or to prepare, grade or administer examinations.

      4.  Each member of the board shall receive:

      (a) A salary of not more than $25 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.

      Sec.85.  NRS 639.060 is hereby amended to read as follows:

      639.060  Annually, the board shall report to the governor upon the condition of pharmacy in the State of Nevada. The report shall contain:

      1.  A full and complete record of the proceedings of the board for the year.

      2.  The names of all pharmacists registered under this chapter.

      3.  A complete statement of all fees received.

      Sec.86.  NRS 639.070 is hereby amended to read as follows:

      639.070  The board shall have power:

      1.  To make such bylaws and regulations, not inconsistent with the laws of this state, as may be necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.

      2.  To regulate the practice of pharmacy.

      3.  To regulate the sales of poisons, drugs, narcotics, chemicals and medicines.

      4.  To regulate the means of storage and security of drugs, poisons, narcotics, medicines, chemicals and devices.

      5.  To examine and register as pharmacists applicants whom it shall deem qualified to be such.

      [5.] 6.  To charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this chapter.

      [6.] 7.  To maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.

      [7.] 8.  To deposit its funds in banks or savings and loan associations in the State of Nevada.

      Sec.87.  NRS 639.090 is hereby amended to read as follows:

      639.090  The members of the board, its inspectors and investigators are designated and constituted agents for the enforcement and carrying out of the provision of this chapter, and for this purpose they shall have free access at all times during business hours to all places where drugs, medicines, hypodermic devices or poisons are held or offered for sale [.]


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ê1967 Statutes of Nevada, Page 1644 (Chapter 539, SB 232)ê

 

free access at all times during business hours to all places where drugs, medicines, hypodermic devices or poisons are held or offered for sale [.] and to all records of sale and disposition of drugs, medicines, hypodermic devices or poisons.

      Sec.88.  NRS 639.100 is hereby amended to read as follows:

      639.100  1.  Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, compound, shell, dispense or permit to be manufactured, compounded, sold or dispensed any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a medical, dental, chiropody or veterinarian practitioner, unless he is a registered pharmacist under the provisions of this chapter.

      2.  Sales representative or manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists under the provisions of this chapter, but no person shall act as a manufacturer or wholesaler unless he has obtained a permit from the board.

      3.  Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers dangerous drugs, as defined in NRS 454.220, which are intended, designed and labeled “For Veterinary Use Only” is subject to the provisions of this chapter, and such person shall not furnish, sell or offer to sell such dangerous drugs until he has obtained a permit from the board.

      4.  Each application for such permit shall be made on a form furnished by the board [.] and no application shall be considered by the board until all the information required thereon has been completed. Upon approval thereof by the board and the payment of the required fee, the board shall issue a permit to such applicant. Each permit shall be issued to a specific person for a specific location, and shall be renewed annually before July 1 of each year.

      Sec.89.  NRS 639.120 is hereby amended to read as follows:

      639.120  An applicant to become a registered pharmacist in this state must:

      1.  Be a citizen of the United States of America [.] or eligible for citizenship.

      2.  Be of good moral character.

      3.  Be a graduate of a [school or college of pharmacy approved by the National Association of Boards of Pharmacy and by the Nevada state board of pharmacy.] college of pharmacy or department of pharmacy of a university accredited by the American Council on Pharmaceutical Education and approved by the board.

      4.  Satisfactorily pass an examination prepared, given and graded by the Nevada state board of pharmacy.

      5.  [Comply with such rules of the Nevada state board of pharmacy as the board may adopt concerning applications to become a registered pharmacist in this state.

      6.  Affix his signature to the rules of professional conduct, which shall be made a part of the original or renewed certificate of registration.] Complete 1 year of practical pharmaceutical experience as defined in section 123 of this act.


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ê1967 Statutes of Nevada, Page 1645 (Chapter 539, SB 232)ê

 

      Sec.90.  NRS 639.130 is hereby amended to read as follows:

      639.130  1.  An applicant for a certificate as a registered pharmacist who has failed to pass the board’s examination for such certificate shall not be eligible for reexamination [within 6 months from the date of such failed examination] until the next regularly scheduled meeting of the board.

      2.  No applicant for a certificate as a registered pharmacist shall be entitled to more than three examinations for such certificate.

      3.  Except as specifically provided in section 125 of this act, no subsequent examination shall be given any applicant until he has filed a new application and paid a new fee therefor.

      Sec.91.  NRS 639.150 is hereby amended to read as follows:

      639.150  1.  The holder of a certificate of registration [and the current renewal thereof granted under this chapter shall display such certificate and renewal in a conspicuous place] or a certification as a pharmaceutical clerk, a license or a permit granted under the provisions of this chapter shall display such certificate, license or permit, together with the current renewal receipt thereof, in the pharmacy [or drug store] conducted by him or her in which he is employed [.] in a place where it may be clearly read by the public.

      2.  A registered pharmacist who is employed or who practices in more than one pharmacy shall post his original certificate of registration, and the current renewal receipt thereof, in the pharmacy in which he is primarily employed, in compliance with the provisions of subsection 1, and shall, in addition thereto, post an 8 inch by 10 inch photocopy of his certificate of registration and the current renewal receipt thereof in every other pharmacy in which he practices on either a part-time or temporary basis.

      Sec. 92.  NRS 639.160 is hereby amended to read as follows:

      639.160  Every registered pharmacist shall, within [30] 10 days after changing his place of [business] practice as designated on the books of the secretary of the board, notify the secretary of the board of such change and of his new place of [business.] practice. Upon receipt of such notification the secretary shall make the necessary change in his register.

      Sec.93.  NRS 639.170 is hereby amended to read as follows:

      639.170  1.  The board shall charge and collect not more than the following fees for the following services:

 

For investigation or examination of applicant for certificate as registered pharmacist..................................................................................................

 

    $30

For the investigation or examination of applicant for certificate as a registered pharmacist by reciprocity......................................................

100

For the issuance of certificate of registration as registered pharmacist........

10

For annual renewal of certificate of registration as registered pharmacist..

10

For reinstatement of lapsed certificate of registration (in addition to annual renewal fees for period of lapse)...............................................

20

For issuance of duplicate certificate of registration.........................................

10

For issuance of manufacturer’s or wholesaler’s permit.............. [$100]100]

25

 

 


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ê1967 Statutes of Nevada, Page 1646 (Chapter 539, SB 232)ê

 

For issuance of annual renewal of permit for manufacturer or wholesaler.       [$100]

$25

For issuance or renewal of permit to vend, sell, offer to sell or furnish any hypodermic device.............................................................................

5

For issuance or renewal of permit to supply or operate vending machines or devices for distribution of any prophylactic...................................

25

For reissuance of license issued to retail pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon....................................

5

 

      2.  All fees shall be payable in advance and shall not be refunded.

      3.  The board may, by regulation, set the penalty for failure to pay the annual renewal fee for any license, permit or certificate within the statutory period, at an amount not to exceed 100 percent of the renewal fee for each year of delinquency in addition to the annual renewal fees for each year of delinquency.

      Sec.94.  NRS 639.180 is hereby amended to read as follows:

      639.180  1.  [Each certificate of registration issued by the board to a registered pharmacist, if not revoked, shall be valid to and including June 30 next succeeding the date of its issuance, and shall entitle the person to whom it is issued to practice pharmacy for that period.] A certificate as a registered pharmacist shall be issued to each person who is deemed qualified by the board in compliance with the provisions of NRS 639.120 and sections 122 and 125 of this act. Such certificate shall entitle the person to whom it is issued to practice pharmacy in this state until June 30 next succeeding the date of issue.

      2.  Each person to whom such a certificate has been issued may, if he so desires and if his certificate has not been revoked, renew his certificate from year to year upon making application therefor as herein provided and paying the annual renewal fee fixed by the board as provided in NRS 639.170.

      3.  Application for [a renewal] the renewal of such certificate, together with the renewal fee, shall be delivered to the board on or before the 1st Monday in May next preceding the expiration date of any presently existing valid certificate [.] or renewal receipt.

      4.  Renewal [certificates] receipts shall, ordinarily, be dated as of July 1 in each year, and shall be delivered to the applicant on or before that date.

      [5.  The board may refuse to issue a renewal certificate if it shall find, upon proof and after a hearing of which the applicant shall have notice and may attend, that the applicant:

      (a) Is not of good moral character; or

      (b) Is guilty of habitual intemperance; or

      (c) Is guilty of unprofessional conduct or conduct contrary to the public interest; or

      (d) Is addicted to the use of narcotic drugs: or

      (e) Has been convicted of a felony.

      6.  The board shall have power to delay the issuance of a renewal certificate for a reasonable period pending a hearing and determination as provided for in subsection 5.


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ê1967 Statutes of Nevada, Page 1647 (Chapter 539, SB 232)ê

 

certificate for a reasonable period pending a hearing and determination as provided for in subsection 5.

      7.  Failure to make timely application for a renewal certificate and timely payment of the fee therefor shall subject the applicant to the fees for reinstatement of a lapsed certificate as provided for in NRS 639.170.]

      Sec.95.  NRS 639.190 is hereby amended to read as follows:

      639.190  [No certificate of registration as a registered pharmacist which has lapsed for more than 5 years shall be reinstated.]

      1.  Within 30 days after the renewal date, the secretary shall notify the holders of all certificates of registration who have failed to pay their annual renewal fee that failure to pay the renewal fee and the penalty thereon within 60 days will result in revocation of their certificate of registration.

      2.  If any holder of a certificate of registration fails to pay the renewal fee and penalty within 60 days, after having been notified by the secretary, his certificate of registration shall be automatically revoked by the board.

      3.  If the certificate of any person is revoked as provided in this section, the board may, nevertheless, within 5 years thereafter, issue a certificate of registration to such person, if the board determines that he is capable and is qualified by education or experience, or both, adequately to practice the profession of pharmacy in this state.

      Sec.96.  NRS 639.200 is hereby amended to read as follows:

      639.200  [1.] The board shall have the power to issue duplicate certificates of registration and duplicate renewal [certificates] receipts upon:

      [(a)] 1.  Written application therefore signed by the applicant [.] ;

      [(b)] 2.  Proof to the satisfaction of the board that good cause exists for the issuance of the certificate [.

      (c)] or renewal receipt; and

      3.  The payment of the proper fees for the issuance thereof.

      [2.  The board may, in proper instances, require the surrender of the original certificate of registration or the original renewal certificate before issuing a duplicate.]

      Sec.97.  NRS 639.210 is hereby amended to read as follows:

      639.210  The board shall have the power to [provide, by proper rules and regulations, for the revocation of the registration and certificate of registration and any current renewal thereof issued under the provisions of this chapter whenever the person so registered and to whom a certificate of registration has been issued:] proceed administratively to suspend or revoke:

      1.  Any certificate or current renewal thereof, or any permit or current renewal thereof, to vend, sell, offer to sell or furnish any hypodermic device issued to any person or to deny the application of any person who has applied for a certificate or permit who:

      [1.] (a) Is not of good moral character; or

      [2.] (b) Is guilty of habitual intemperance; or

      [3.] (c) Becomes or is so intoxicated or under the influence of liquor, narcotics or drugs, while on duty in any establishment licensed by the board, that he is unable properly to perform his duties; or


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ê1967 Statutes of Nevada, Page 1648 (Chapter 539, SB 232)ê

 

      (d) Is guilty of unprofessional conduct or conduct contrary to the public interest; or

      [4.] (e) Is addicted to the use of narcotic drugs [; or

      5.] or other habit forming drugs; or

      (f) Has been convicted of a violation of the Harrison Narcotic Act or a violation of the narcotic laws of this or any other state; or

      (g) Has been convicted of a felony [.] or other crime involving moral turpitude, dishonesty or corruption; or

      (h) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provision of this chapter; or

      (i) Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent; or

      (j) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter or any law or regulation relating to the practice of pharmacy, or has permitted, allowed, condoned or failed to report a violation of any of the provisions of this section committed by a registered pharmacist in his employ; or

      (k) Has failed to renew his certificate, license or permit by failing to pay the annual renewal fee therefor.

      2.  Any permit or current renewal thereof for the issuance of a manufacturer’s or wholesaler’s permit, or for the issuance of a current renewal of a permit to supply or operate vending machines or devices for distribution of any prophylactic issued to any person, or to deny the application of any person who has applied for a permit who:

      (a) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter; or

      (b) Has obtained any permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent; or

      (c) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter applicable to such permit; or

      (d) Has failed to renew his permit by failing to pay the annual renewal fee therefor.

      Sec.97.5.  NRS 639.215 is hereby amended to read as follows:

      639.215  1.  The board may by regulation adopt, amend or repeal rules of professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession.

      2.  Every registered pharmacist shall be governed by the rules of professional conduct adopted by the board.

      3.  The rules of professional conduct adopted by the board shall be [printed as a part of the application blanks for registration and for renewals thereof, and every applicant shall subscribe thereto by signing his name when making an application.] furnished to each pharmacist holding a currently valid certificate to practice in this state and to each person to whom a certificate is thereafter issued.


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ê1967 Statutes of Nevada, Page 1649 (Chapter 539, SB 232)ê

 

person to whom a certificate is thereafter issued. Upon receipt of a copy of the rules of professional conduct, each registered pharmacist shall subscribe thereto.

      4.  Nothing contained in NRS 639.213 and this section shall be construed as authorizing the board to adopt rules of professional conduct relating to [prices or fees or to advertising and promotion of commodities or services.] the issuance of trading stamps to the general public.

      Sec.98.  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, [pharmacy,] 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 [of prescriptions of medical, dental, chiropody or veterinarian practitioners.] or compounding of prescriptions.

      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 such registered pharmacist is on call during such absence [.] and if 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. The authorization required from the board shall be in writing and shall be retained in the pharmacy, available for inspection.

      Sec.99.  NRS 639.230 is hereby amended to read as follows:

      [629.230] 639.230  1.  No pharmacy shall operate as such or use the word “drug” or “drugs”, “prescription” or “pharmacy,” or similar words or words of similar import, without first having secured a license so to do from the board.

      2.  [Every person, partnership, corporation or association doing business as a proprietor of a place in which drugs, medicines and poisons are retailed or physicians’ prescriptions are compounded or dispensed shall:] Each license shall be issued to a specific person and for a specific location and shall not be transferrable. The original license shall show the name of the owner or owners, partners or corporation officers and the name of the responsible managing pharmacist and shall be displayed on the licensed premises as provided in NRS 639.150. Any change of partners, corporation officers or responsible managing pharmacist shall be immediately reported to the board. The original license, together with the fee required for reissuance of a license as provided in NRS 639.170 shall be submitted to the board prior to the reissuance of the license.

      3.  Every person holding a pharmacy license shall:

      (a) Satisfy the board that the same is conducted according to law.

      (b) Annually, on or before May 2, pay to the secretary of the board the annual fee fixed by the board not to exceed $25.

      [3.] 4.  Upon receipt of the annual fee the secretary of the board shall register the pharmacy, store or dispensary and shall furnish the store manager or proprietor with a [license] renewal receipt valid for 1 year from July 1 next succeeding such payment.


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ê1967 Statutes of Nevada, Page 1650 (Chapter 539, SB 232)ê

 

year from July 1 next succeeding such payment. The license and renewal receipt shall be subject to the provisions of [subsection 4] subsections 5 and 6 and the other provisions of this chapter.

      [4.] 5.  Failure to pay the annual renewal fee prior to July 1 shall subject the licensee to the penalty fixed by the board for failure to renew. Failure to pay the renewal fee and penalty thereon, within 30 days after the delinquent date shall result in automatic revocation of the pharmacy license.

      6.  The license and renewal receipt may at any time be revoked upon proof to the satisfaction of the board, after notice to the licensee and after a hearing at which the licensee may be present, that the licensed premises are being operated in violation of this chapter or in a manner contrary to the public interest.

      Sec.100.  NRS 639.270 is hereby amended to read as follows:

      629.270  [1.  The following drugs, medicines and chemicals may be sold by grocers and dealers generally without restriction: Glauber salts, petroleum jelly, turpentine, condition powders, cream of tartar, carbonate of soda, bay rum, essence of Jamaica ginger, essence of peppermint, ammonia for external or commercial or bleaching purposes containing not more than 5 percent free ammonia, alum, castor oil, bicarbonate of soda, chloride of lime, glycerine, witch hazel, sheep dip, borax, sulphur, bluestone, flaxseed, insect powder, flypaper, any rat poison, squirrel poison and gopher poison, arsenical poison, insecticides, weedicides, and rodenticides used for orchard spraying,] Any drug, medicine, remedy, poison or chemical, the sale of which is not otherwise restricted as provided by this chapter, and any patent or proprietary medicine, may be sold by grocers and dealers generally without restriction when prepared and sold in original and unbroken packages and, if poisonous, labeled with the official poison labels and sold in accordance with the requirements of the Federal Food, Drug and Cosmetic Act.

      [2.  Aspirin and effervescent saline analgesics may be sold on railroad trains.]

      Sec.101.  NRS 639.280 is hereby amended to read as follows:

      639.280  No store [or shop shall use the word “drug” or “drugs” in any advertising or display unless:

      1.  A registered pharmacist is in charge of the store or shop: or

      2.  Such store or shop holds a rural permit issued by the board as provided in NRS 639.240.] , shop, area, place or premises shall have upon it or displayed within it or affixed to or used in connection with it any sign or advertising:

      (a) Bearing the words “Pharmacist,” “Pharmacy,” “Apothecary,” “Drug Store,” “Druggist,” “Drugs,” “Medicine,” “Medicine Store,” “Drug Sundries,” “Remedies,” “Prescriptions,” “Medications” or “Medicinals,” or any word or words of similar or like import; or

      (b) Where the characteristic symbols of pharmacy are exhibited; or

      (c) Where the characteristic prescription sign Rx or similar design is exhibited,

unless there is within the store, shop, area, place or premises a pharmacy licensed pursuant to the provisions of this chapter.

      Sec. 102.  NRS 639.310 is hereby amended to read as follows:


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ê1967 Statutes of Nevada, Page 1651 (Chapter 539, SB 232)ê

 

      639.310  [1.] Any person, firm, corporation, partnership or association [who violates] violating any of the provisions of this chapter [shall be] is guilty of a misdemeanor.

      [2.  Upon conviction of the violation of any of the provisions of this chapter, the board may suspend or revoke the license of any person, firm, corporation, partnership or association licensed under the provisions of this chapter.]

      Sec.103.  Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth in sections 104 to 169, inclusive, of this act.

      Sec.104.  1.  As used in this chapter, the words and terms defined in sections 105 to 118, inclusive, of this act shall have the meanings ascribed to them in sections 105 to 118, inclusive, of this act unless a different meaning clearly appears in the context.

      2.  Unless the context otherwise requires, the singular number shall include the plural number, and the masculine gender shall include the feminine gender.

      Sec.105.  “Board” means the state board of pharmacy.

      Sec.106.  “Certificate,” unless otherwise indicated, means a certificate of registration as a pharmacist in this state.

      Sec.107.  “Chart order” is an order entered on the chart or medical record of a patient registered in a hospital or under emergency treatment in a hospital by or on the order of an authorized practitioner authorizing the administration of a drug from hospital floor or ward stock furnished by the hospital pharmacy. Any such order shall be considered to be a prescription if such medication is to be furnished by a pharmacy directly to the patient. The chart order shall be signed by the prescriber at the time it is entered or on his next visit to the hospital.

      Sec.108.  “Chemical” means all chemicals intended, designed and labeled for us in the cure, treatment, mitigation or prevention of disease in man or other animals.

      Sec.109.  “Conviction” means a plea or verdict of guilty or a conviction following a plea of nolo contendere to a charge of a felony, any offense involving moral turpitude or any violation of the provisions of this chapter or chapter 454 of NRS.

      Sec.110.  “Drug” and “medicine” mean:

      1.  Articles recognized in the official United States Pharmacopoeia, the official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and

      2.  Articles and devices intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and

      3.  Articles (other than food, aspirin and effervescent saline analgesics) intended to affect the structure of any function of the body of man or other animals; and

      4.  Articles intended for use as a component of any article specified in subsections 1, 2 or 3 of this section.

      Sec.111.  “Hypodermics” means any syringe, needle, instrument, device or implement intended or capable of being adapted for the purpose of administering drugs by subcutaneous, intramuscular or intravenous injection.

      Sec. 112.  “Manufacturer” means a person, other than a registered pharmacist practicing in a licensed pharmacy, who derives, produces, prepares, compounds, mixes, cultivates, grows or processes any drug or medicine, repackages any drug or medicine for the purpose of resale, or produces or makes any hypodermic or prophylactic device.


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ê1967 Statutes of Nevada, Page 1652 (Chapter 539, SB 232)ê

 

pharmacist practicing in a licensed pharmacy, who derives, produces, prepares, compounds, mixes, cultivates, grows or processes any drug or medicine, repackages any drug or medicine for the purpose of resale, or produces or makes any hypodermic or prophylactic device.

      Sec.113.  “Person” includes a firm, association, partnership or corporation.

      Sec.114.  “Pharmacy” means and includes every store or shop where drugs, narcotics, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed.

      Sec.115.  “Prescription” means an order given individually for the person for whom prescribed, directly from the prescriber to a pharmacist or indirectly by means of an order signed by the prescriber, and shall contain the name and address of the prescriber, his license classification, the name and address of the patient, the name and quantity of the drug or drugs prescribed, directions for use and the date of issue. Directions for use shall be specific in that they shall indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

      Sec.116.  “Prophylactic” means any device, appliance or medicinal agent used in the prevention of venereal disease.

      Sec.117.  “Registered pharmacist” means:

      1.  A person registered in this state as such on July 1, 1947; or

      2.  A person registered in this state as such in compliance with the provisions of paragraph (c) of section 3 of chapter 195, Statutes of Nevada 1951; or

      3.  A person who has complied with the provisions of NRS 639.120 and section 125 of this act and whose name has been entered in the registry of pharmacists of this state by the secretary of the board and to whom a valid certificate as a registered pharmacist or valid renewal thereof has been issued by the board.

      Sec.118.  “Wholesaler” means a person who supplies or distributes drugs, medicines, chemicals or a hypodermic or prophylactic device that he himself has not derived, produced, prepared or repackaged on sales orders for resale. “Wholesaler” does not include a nonprofit cooperative agricultural organization which supplies or distributes drugs and medicines only to its own members.

      Sec.118.5.  The board may communicate the results of its deliberations or investigations to other public agencies, and the board or its members, agents, servants, employees or attorneys shall not incur any liability as a result of such communications.

      Sec.119.  The board shall furnish all licensees, and any other person filing a request with the board for such information, with the following:

      1.  One copy of the pharmacy law.

      2.  Notice of hearings on rules and regulations.

      3.  Notice of the time and place set for regular board meetings.

      Sec. 120.  1.  If the public interest would best be served, the board may adopt regulations restricting the sale of drugs, whose labels bear “cautions” or “warnings” in compliance with federal law and require professional interpretation, to sale by or under the direct supervision of a registered pharmacist.


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ê1967 Statutes of Nevada, Page 1653 (Chapter 539, SB 232)ê

 

professional interpretation, to sale by or under the direct supervision of a registered pharmacist.

      2.  Any rule or regulation adopted pursuant to the provisions of this section shall also include the conditions under which such drugs shall be stored in a pharmacy and the circumstances under which such drugs may be sold.

      Sec. 121.  The board may bring an action to enjoin any act which would be in violation of the provisions of this chapter. Such action shall be commenced in the district court in and for the county in which the act is to occur and shall be in conformity with Rule 65 of the Nevada Rules of Civil Procedure, except that the board shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. The action shall be brought in the name of the State of Nevada.

      Sec. 122.  1.  An applicant for registration as a pharmacist in this state shall submit an application on a form furnished by the board and shall pay the fee fixed by the board as provided in NRS 639.170. The fee shall be paid at the time the application is submitted and shall be compensation to the board for either the investigation or examination of the applicant. Under no circumstances shall the fee be refunded.

      2.  Proof of the qualifications of any applicant shall be made to the satisfaction of the board and shall be substantiated by affidavits, records or such other evidence as the board may require.

      Sec. 123.  For the purpose of subsection 5 of NRS 639.120, a year of practical pharmaceutical experience shall consist of not less than 2,000 clock hours of pharmaceutical experience in a pharmacy under the direct and immediate supervision of a pharmacist, and shall relate primarily to the selling of drugs, compounding and dispensing of prescriptions, preparing pharmaceutical preparations, keeping records and making reports required under state and federal statutes. Evidence substantiating such experience shall be established to the satisfaction of the board. The board may, in its discretion, accept evidence of compliance with the requirements of subsection 5 of NRS 639.120 from boards of pharmacy of other states in which the experience requirement is equivalent to the requirements on this state.

      Sec. 124.  1.  A certificate of registration issued to a person who is not a citizen of the United States shall terminate and become void at the end of 5 years from the date of issue if such person has not become a citizen. A certificate so terminated may be reissued by the board thereafter, upon receipt of satisfactory proof of citizenship.

      2.  If citizenship is denied any person who has been issued a certificate of registration on the basis of his eligibility for citizenship, the certificate shall be automatically canceled on receipt of proof of such denial.

      Sec. 125.  1.  The board may issue certificates of registration as pharmacists to those persons who qualify under the provisions of this section, irrespective of the provisions of subsection 3 of NRS 639.120, if the board has determined by examination, either oral or written, that such applicants are capable and are qualified by education or experience, or both, adequately to practice the profession of pharmacy in this state and that they meet the requirements of subsection 2.


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ê1967 Statutes of Nevada, Page 1654 (Chapter 539, SB 232)ê

 

      2.  The applicant:

      (a) Must have been registered as a pharmacist in good standing in another state prior to the filing of his application.

      (b) Who has been registered as a pharmacist in another state for 5 years or longer must have been actively engaged in the practice of pharmacy for at least 1 year during the 3 years next preceding the date of his application.

      (c) Must be a citizen of the United States of America.

      (d) Must be of good moral character.

      3.  The fee for the investigation or examination of an applicant for a certificate of registration under the provisions of this section shall be fixed by the board at an amount not to exceed $100, as provided in NRS 639.170. The fee must accompany the application and shall not be refunded. Any such applicant who has failed to pass a satisfactory examination may apply for one reexamination if a request therefor has been received and approved by the board within 1 year after the original examination was given. On approval of such a request the board shall grant one reexamination without the payment of a new fee.

      4.  The board may conduct such investigations as may be deemed necessary to establish the moral character of any applicant for licensure under the provisions of this section.

      Sec. 126.  1.  The secretary may, after 30 days have elapsed following approval of an application by the board, issue a temporary certificate to any person who has filed application for licensure under the provisions of section 125 of this act, if the application, on its face, indicates that the applicant is eligible for such licensure and meets all of the requirements set forth under that section. Such temporary certificate shall authorize the applicant to practice pharmacy in this state pending an investigation to establish his moral character and an examination to establish his qualifications for licensure.

      2.  The 30-day waiting period provided in subsection 1 of this section may be waived by the board if, in its opinion, an emergency exists and there is justifiable need or the issuance of a temporary certificate prior thereto.

      3.  Not more than one temporary certificate shall be issued to any one applicant and such temporary certificate shall expire 6 months from the date of issue unless revoked by the board prior to that date. If on completion of its investigation or examination the board determines that the applicant does not meet the requirements set forth in section 125 of this act, the board shall have the power to revoke any such certificate at any time.

      4.  In case the investigation of an applicant has not been completed prior to the expiration date of a temporary certificate, the board shall have the right to extend the expiration date until such time as the investigation has been completed.

      Sec. 127.  1.  The board shall have the right to deny any application for a certificate, license or permit if, after investigation, it is found that the applicant has committed any act included in NRS 639.180 and 639.210, which would authorize the board to conduct proceedings to suspend or revoke such certificate, license or permit, if it had been previously issued.


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ê1967 Statutes of Nevada, Page 1655 (Chapter 539, SB 232)ê

 

      2.  After the decision of the board to deny an application has been entered in the official minutes, and in any case within 10 days after the decision has been adopted by the board, the secretary shall notify the applicant, by registered or certified mail, of the denial of the application and the reasons therefor. The notice shall inform the applicant of his right to petition the board for reconsideration and his right to submit evidence to evidence to controvert the alleged violations on which the denial was based.

      Sec. 128.  1.  At any time within 30 days after receipt of the notice of denial of his application, an applicant may petition the board for reconsideration of the application. The petition must set forth a denial, in whole or in part, of the violations alleged and a statement that the applicant is prepared to submit evidence in support of his denial of the allegations.

      2.  Within 30 days after the petition is received by the board, the secretary shall notify the petitioner, by registered or certified mail, of the board’s decision either to grant or deny the petition for reconsideration. If the petition is granted, the notice shall include the time and place set for reconsideration of the application by the board.

      3.  Denial of the petition for reconsideration, or a denial of the application at the conclusion of the hearing for reconsideration, shall in no way affect the petitioner’s right to judicial review by a court of competent jurisdiction within this state.

      Sec. 129.  1.  Any person who is not a registered pharmacist, but who is employed in this state for the purpose of fulfilling the requirements of subsection 5 of NRS 639.120 to become eligible for registration as a pharmacist, must register with the board as a pharmaceutical clerk. An applicant, to be eligible for registration as a pharmaceutical clerk, must have completed a minimum of 60 units in a college of pharmacy or a department of pharmacy of a university approved by the board. Application shall be made on a form furnished by the board.

      2.  The secretary of the board, upon approval of the application, shall issue a letter certifying the applicant as eligible to undergo practical pharmaceutical training under the direct and immediate supervision of a registered pharmacist. Such certification shall be valid for not more than 2 years from the date of issue and shall permit the holder thereof to perform the duties set forth in section 123 of this act, but only when acting under the direct and immediate supervision of the registered pharmacist or pharmacists whose name or names appear thereon, and who shall have previously indicated on the application for such certification a willingness to accept the responsibility for training and for all work performed by the applicant for registration as a pharmaceutical clerk.

      3.  The certification shall be posted as required by NRS 639.150.

      4.  Any certification issued under the provisions of this section may be suspended, terminated or revoked by the board, for any reason set forth in this chapter as grounds for the suspension or revocation of any certificate, license or permit, or for failure of the registered pharmacist or pharmacists whose name or names appear on the certification to provide adequate training and supervision for the pharmaceutical clerk.

      Sec.130.  The adjudication of insanity or mental illness, or the voluntary commitment or admission to any hospital for a mental illness of any certificate holder, shall operate as an immediate suspension of the right of the certificate holder to practice pharmacy in this state, and such suspension shall continue until restoration to or declaration of sanity or mental competence.


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ê1967 Statutes of Nevada, Page 1656 (Chapter 539, SB 232)ê

 

certificate holder, shall operate as an immediate suspension of the right of the certificate holder to practice pharmacy in this state, and such suspension shall continue until restoration to or declaration of sanity or mental competence.

      Sec.130.5.  The conviction of any certificate holder of a felony for a violation of any federal law or law of any state concerning drugs, narcotics or chemicals shall operate as an immediate suspension of the certificate of such certificate holder. The person so convicted may apply to the board for reinstatement at any time.

      Sec.131.  1.  The board shall not issue any new license to conduct a pharmacy:

      (a) To any physician, dentist, chiropodist, veterinarian or other person authorized by the laws or this state to prescribe; or

      (b) To any partnership, corporation or association in which any such person has any beneficial interest.

      2.  This section does not:

      (a) Apply to a hospital pharmacy; or

      (b) Prohibit ownership of a building in which a pharmacy is located, if space for such pharmacy is rented at the prevailing rate. Such rental may be a flat monthly rental, a percentage of gross receipts, or a combination of these methods.

      Sec. 132.  1.  A person whose certificate, license or permit has been suspended by the board in accordance with section 130 of this act may petition the board for reinstatement of the certificate, license or permit after restoration or declaration of sanity or mental competence.

      2.  The board shall not restore any certificate, license or permit, suspended in accordance with section 130 of this act, until it has found, in a hearing held for that purpose, that with due regard for the public interest such person’s right to practice, or to perform the duties and conduct the business covered by such license or permit, may be safely reinstated.

      3.  In any such hearing the board may consider the results of its own investigation as well as evidence pertaining to the person’s restoration to sanity or mental competence. The affirmative vote of a majority of board members is necessary to restore such certificate, license or permit. The board may require, prior to reinstatement, such person to pass an examination, either oral or written, to determine his present fitness to resume his practice or conduct his business in the public interest.

      4.  In any hearing, conducted for the purpose of reinstating any certificate, license or permit, the board may employ expert witnesses considered necessary in order to determine the competency and ability of the petitioner.

      5.  The board may grant or deny, without a hearing or argument, any petition for reinstatement filed pursuant to this section, where the petitioner has been afforded a hearing upon any petition filed pursuant to this section within a period of 2 years immediately preceding the filing of the new petition.

      Sec. 133.  1.  An application to conduct a pharmacy shall be made on a form furnished by the board and shall state the name, address, usual occupation and professional qualifications, if any, of the applicant. If the applicant is other than a natural person, the application shall state such information as to each person beneficially interested therein.


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ê1967 Statutes of Nevada, Page 1657 (Chapter 539, SB 232)ê

 

      2.  As used in subsection 1, and subject to the provisions of subsection 3, the term “person beneficially interested” means:

      (a) If the applicant is a partnership or other unincorporated association, each partner or member.

      (b) If the applicant is a corporation, each of its officers, directors and stockholders, provided that no natural person shall be deemed to be beneficially interested in a nonprofit corporation.

      3.  In any case where the applicant is a partnership, unincorporated association or corporation and where the number of partners, members or stockholders, as the case may be, exceeds four, the application shall so state, and shall list each of the four partners, members or stockholders who own the four largest interests in the applicant entity. Upon request of the secretary of the board, the applicant shall furnish the board with information as to partners, members or stockholders not named in the application or shall refer the board to an appropriate source of such information.

      4.  The completed application form shall be returned to the board with the fee prescribed by the board, which shall not be refunded. Any application which is not complete, as required by the provisions of the section shall not be presented to the board for consideration.

      5.  Upon compliance with all the provisions of this section and upon approval of the application by the board, the secretary shall issue a license to the applicant to conduct a pharmacy. Any other provision of law notwithstanding, such license shall authorize the holder to conduct a pharmacy and to sell and dispense drugs, hypodermic devices and poisons.

      Sec.134.  1.  Any person who engages in the business of furnishing narcotics, dangerous drugs, poisons, hypodermic devices or other restricted drugs, devices or appliances to any person located within this state shall obtain a license pursuant to the provisions of this chapter.

      2.  The provisions of subsection 1 do not apply to a wholesaler or manufacturer whose principal place of business is located in another state and who ships narcotics, dangerous drugs, poisons, hypodermic devices or other restricted devices or appliances to a wholesaler or manufacturer located within this state and licensed by the board.

      3.  For the purpose of this section, a person is “engaged in the business of furnishing” if he:

      (a) Solicits orders from within this state by means of direct mail or other advertising devices;

      (b) Accepts orders for drugs or devices whose sale in this state is restricted by this chapter or chapters 453 and 454 of NRS; or

      (c) Ships such drugs or devices to any person located within this state.

      Sec. 135.  1.  If a person licensed pursuant to section 134 of this act does not maintain records within this state of his shipments of narcotics, dangerous drugs, poisons, hypodermic devices or other restricted drugs to persons in this state:

      (a) Such licensee shall on receipt of a written demand from the secretary of the board furnish a true copy of such records to the board.

      (b) The acceptance of a license constitutes a consent by the licensee to the inspection of his records outside this state by any authorized representative of the board.


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ê1967 Statutes of Nevada, Page 1658 (Chapter 539, SB 232)ê

 

      2.  The board may authorize as its representative any member or representative of the board of pharmacy or similar agency of the state in which the records are located.

      3.  Failure to furnish a true copy of the required records or refusal to permit their inspection is ground for the revocation or suspension of any license issued pursuant to section 134 of this act.

      Sec.136.  The board may suspend, revoke or deny any certificate, license, permit or registration of a corporation where conditions exist in relation to any person holding 10 percent or more of the corporate stock of such corporation or to any officer or director of such corporation which would constitute grounds for disciplinary action against such person if he were a licensee.

      Sec.137.  1.  A hearing to determine whether the rights and privileges granted by any certificate, certification, license or permit issued by the board should be revoked, suspended, limited or conditioned shall be initiated by the filing of an accusation by the board. The action shall be entitled: The Nevada State Board of Pharmacy v. (insert the name of the party whose certificate, license or permit is involved), who shall be designated “Respondent.”

      2.  The accusation shall be a written statement of the charges alleged and shall set forth in ordinary and concise language the acts or omissions with which the respondent is charged to the end that the respondent will be able to prepare his defense. It shall specify the statutes and rules or regulations which the respondent is alleged to have violated, but shall not consist merely of charges phrased in language of the statute or rule or regulation. The accusation shall be signed by the secretary of the board acting in his official capacity.

      Sec.138.  1.  After filing the accusation, the secretary of the board shall cause a copy thereof, together with one copy of the Statement to Respondent and three copies of the form of the Notice of Defense, to be served on the respondent.

      2.  Service may be either by personal service or by first class registered or certified mail addressed to the respondent at his last address of record, or by mail to his attorney of record. Proof of service shall be retained and made a part of the case record.

      Sec.139.  The statement, entitled Statement to the Respondent, shall be worded so as to inform the respondent:

      1.  That an accusation has been filed.

      2.  Of his right to a hearing before the board to answer to the alleged violations and to submit evidence in his own behalf if requested by the filing of two copies of the notice of defense within 15 days after receipt of the accusation.

      Sec.140.  1.  The form for the Notice of Defense shall be prepared and furnished by the board and shall permit the respondent, by completing and signing the notice to:

      (a) Request a hearing;

      (b) Object to the accusation as being incomplete and failing to set forth clearly the charges; and

      (c) Deny or admit, in part or in whole, the violations alleged.

      2.  The Notice of Defense shall be signed by the respondent or by his attorney under penalty of perjury. Failure to file a Notice of Defense and request a hearing shall constitute a waiver of the respondent’s right to a hearing, but the board may, in its discretion, grant a hearing.


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ê1967 Statutes of Nevada, Page 1659 (Chapter 539, SB 232)ê

 

and request a hearing shall constitute a waiver of the respondent’s right to a hearing, but the board may, in its discretion, grant a hearing.

      Sec.141.  Whenever a hearing has been granted by the board, the secretary shall serve notice on the respondent of the time and place set for the hearing on the accusation. Service may be effected in the same manner as provided in section 138 of this act.

      Sec.142.  1.  The secretary of the board shall issue subpenas for the production of witnesses, documents or papers, in accordance with statutory provisions, at the request of any party to a hearing.

      2.  Witnesses appearing pursuant to a subpena shall receive expenses and witness fees in the amounts and under the same circumstances as prescribed by law for witnesses in civil actions. Such expenses and fees shall be paid in full by the party at whose request the witness is subpoenaed.

      3.  Subpenas shall be served in the same manner as prescribed by law for the service of subpenas in civil actions, and failure to comply with the order shall be punishable as contempt.

      Sec.143.  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 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 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 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.

      4.  In any such proceeding the board may, in its discretion, provide for the service of the attorney general or a deputy attorney general to sit with the board to advise them in reference to points of law which may arise during the course of the hearing.

      Sec.144.  1.  In any hearing held for the purpose of suspending or revoking any certificate, certification, license or permit, each party shall have the right:

      (a) To call and examine witnesses, confront the witnesses against him and cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination of the witness;

      (b) To testify in his own behalf;

      (c) To introduce exhibits;

      (d) To submit arguments, either oral or written and rebut evidence against him; and

      (e) To impeach any witness regardless of which party first called him to testify.

      2.  All testimony to be considered, either in support of the complaint or in opposition thereto, shall be given under oath or affirmation under penalty of perjury. Hearsay evidence may be admitted for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding.


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ê1967 Statutes of Nevada, Page 1660 (Chapter 539, SB 232)ê

 

in itself to support a finding. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized by law, and irrelevant and unduly repetitious evidence shall be excluded.

      Sec.145.  If any person in proceedings before the board disobeys or resists any lawful order or refuses to respond to a subpena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during a hearing or so near the place thereof as to obstruct the proceeding, the board shall certify the facts to the district court of the county where the proceeding is being conducted. The court shall thereupon issue an order directing the person to appear before the court and show cause why he should not be punished as for contempt. The order and a copy of the certified statement shall be served on the person. Thereafter the court shall have jurisdiction of the matter. The same proceedings shall be had, the same penalties may be imposed and the person charged may purge himself of the contempt in the same way, as in the case of a person who has committed a contempt in the trial of a civil action.

      Sec.146.  Upon conclusion of the hearing or as soon as practicable thereafter and, in any event, within 30 days, the board shall make, enter and file its decision and shall make, enter and file its order based thereon. A copy of the order shall promptly be served on the respondent and his attorney of record, either personally or by registered or certified mail. The order shall not become effective until at least 30 days after receipt by the respondent unless otherwise ordered by the board.

      Sec.147.  1.  If the respondent wishes to contest or appeal the decision of the board, the order or any part thereof, he may prior to the time the order becomes effective, apply in writing to the board for a rehearing. Such application shall set forth with particularity the part or parts of the decision or order to which the respondent objects and the basis of the objection.

      2.  The board shall, within 10 days after receipt of a written application for rehearing, notify the respondent and his attorney of record in writing, by registered or certified mail, of its action, either granting or denying such application. If the application is granted, the notice shall contain the date, time and place of the rehearing, which date shall not be less than 30 days after the date of the notice. Granting of the application by the board shall serve as an automatic stay of execution of the order pending conclusion of the rehearing.

      Sec.148.  1.  On conclusion of the rehearing the board may reaffirm the order previously adopted, or if new evidence is presented which controverts, in whole or in part, the allegations on which the accusation was based and if the board considers that such action would be in the public interest, the board may reset or reduce the penalty ordered at the conclusion of the original hearing.

      2.  The board shall make, enter and file its order at the conclusion of the rehearing, or as soon thereafter as practicable, and cause a copy thereof to be served on the respondent and his attorney of record within 30 days. The order shall not become effective until 30 days after receipt thereof by the respondent unless otherwise ordered by the board.

      Sec.149.  1.  Any person aggrieved by a final decision or order of the board made after hearing or rehearing is entitled to judicial review of such decision or order in the district court of the county in which such person resides or has his principal place of business.


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ê1967 Statutes of Nevada, Page 1661 (Chapter 539, SB 232)ê

 

decision or order in the district court of the county in which such person resides or has his principal place of business.

      2.  Any party aggrieved by the final decision or order of the district court upon such review may appeal to the supreme court in the manner and within the time provided for appeals in other civil actions.

      Sec.150.  1.  The holder of any certificate, license or permit issued by the board, whose default has been entered or who has been heard by the board and found guilty of the violations alleged in the accusation, may be disciplined by the board by any of the following methods:

      (a) Suspending judgment;

      (b) Placing the certificate, license or permit holder on probation;

      (c) Suspending the right of a certificate holder to practice, or the right to use any license or permit, for a period not to exceed 1 year;

      (d) Revoking the certificate, license or permit; or

      (e) Taking such other action in relation to disciplining him as the board, in its discretion, may deem proper.

      2.  Such action by the board shall be final, except that the propriety of such action is subject to review upon questions of law, by a court of competent jurisdiction.

      Sec.151.  A certificate, license or permit which has been suspended for a specified period of time shall automatically be restored to good standing on the first day following the period of suspension. The secretary, when notifying the respondent of the penalty imposed by the board, shall inform the respondent of the date on which the certificate, license or permit will be so restored.

      Sec.152.  1.  A person whose certificate, license or permit has been revoked may petition the board for reinstatement after a period of not less than 1 year has lapsed since the date of revocation.

      2.  The petition shall state such facts as may be required by the board and shall be heard by the board at its next regular meeting held not earlier than 30 days after the petition is filed. Such petition may be considered by the board while the petitioner is under sentence for any criminal offense, including any period during which he is on probation or parole, only if the board members, by a majority vote, find that the public interest would best be served by such reinstatement.

      3.  In considering reinstatement the board may investigate and consider all activities of the petitioner since the time his original certificate, license or permit was issued, his ability, character and reputation. The affirmative vote of at least three members is necessary for reinstatement of a certificate, license or permit with or without terms, conditions and restrictions.

      Sec.153.  1.  No person other than a physician, dentist, chiropodist or veterinarian holding a currently valid and unrevoked license to practice his profession in this state may prescribe or write a prescription, except that a prescription written by a physician not licensed to practice in this state but authorized by the laws of another state to prescribe shall be considered to be a legal prescription if ordering a drug which is considered necessary for the continuation of treatment of a chronic illness.

      2.  If a prescription, written by a physician not licensed to practice in this state, calls for a narcotic drug, it shall be the responsibility of the registered pharmacist who is to fill the prescription to establish that the prescription is authentic and that a bona fide doctor-patient relationship did exist at the time the prescription was written.


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ê1967 Statutes of Nevada, Page 1662 (Chapter 539, SB 232)ê

 

prescription is authentic and that a bona fide doctor-patient relationship did exist at the time the prescription was written.

      Sec.154.  1.  All prescriptions filled in any pharmacy shall be serially numbered and filed by consecutive numbers for easy reference. Narcotic prescriptions shall be filed separately from other prescriptions. All prescriptions shall be retained on file for at least 5 years.

      2.  Each prescription on file shall bear the date on which it was originally filled, the name or initials of the registered pharmacist who filled it and contain all of the information required by section 115 of this act.

      3.  Prescription files shall be open to inspection by members, inspectors and investigators of the board and by inspectors of the Food and Drug Administration acting in their official capacity.

      Sec.155.  1.  A pharmacist whose knowledge and information concerning the illness or condition of a customer was acquired from or by a prescription order cannot, without the consent of the customer, be examined in a civil action as to any information contained on the prescription or acquired by him in serving the customer.

      2.  The provisions of this section do not apply to a pharmacists who are members, inspectors or investigators of the board or inspectors of the Food and Drug Administration, when testifying in a criminal prosecution or in an administrative hearing in a proceeding against a pharmacist who filled the prescription in question or against the license of the pharmacy in which the prescription was filled if information contained on the prescription is material and necessary to establish evidence of violations alleged in such a proceeding.

      Sec.156.  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

      (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 dangerous drug, as defined in NRS 454.220, 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 dangerous drug, as defined in NRS 454.220, 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.


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ê1967 Statutes of Nevada, Page 1663 (Chapter 539, SB 232)ê

 

      Sec.157.  Members, inspectors and investigators of the board and inspectors of the Food and Drug Administration are authorized to remove an original prescription from a prescription file, if the prescription in question is considered necessary as evidence in a criminal action or an administrative proceeding, or contemplated proceeding, and if a true copy containing all of the information appearing on the prescription, is substituted therefor. Both the copy and the original prescription shall be dated and initialed by the member, inspector or investigator and by the registered pharmacist in charge, indicating that all of the information appearing on the original prescription, on that date, also appears on the copy thereof.

      Sec.158.  No registered pharmacist or owner of any pharmacy licensed under the provisions of this chapter may advertise or cause to be advertised the availability of any drug by use of its official or trade name or by reference to the treatment of a psychological or pathological condition for which the drug is intended or designed, if the sale of the drug is restricted to prescription sales only.

      Sec.159.  1.  No registered pharmacist or owner of any pharmacy licensed under the provisions of this chapter may offer for sale or sell prescription drugs or offer to render or render any service under the representation:

      (a) That the price or fee that is to be, or is, charged for such commodity or service, or both, is at a discount; or

      (b) That the price or fee that is to be, or is, charged for such commodity or service, or both, is at a percentage or otherwise less than the average fee or price then regularly charged under like conditions by the person so licensed or by other persons for such commodity or service or commodity and service.

      2.  The provisions of this section shall not be construed as modifying or establishing prices or fees which may be charged for commodities or services by any persons licensed under the provisions of this chapter.

      Sec.160.  No registered pharmacist or owner of any pharmacy licensed under the provisions of this chapter may make, disseminate or cause to be made or disseminated before the public in this state, in any newspaper or other publication, or any advertising device, or in any other manner or means whatever, any statement concerning prices or services, professional or otherwise, which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be false or misleading.

      Sec.161.  1.  No registered pharmacist, or owner of any pharmacy licensed under the provisions of this chapter, may offer, deliver or pay any unearned rebate, refund, commission, preference, patronage dividend, discount or other unearned consideration to any person, whether in the form of money or otherwise, as compensation or inducement to such person for referring prescription, patients, clients or customers to such pharmacist or pharmacy, irrespective of any membership, proprietary interest or coownership in or with any person by whom such prescriptions, patients, clients or customers are referred.

      2.  The furnishing to a prescriber by a pharmacist or a pharmacy of prescription blanks bearing the name or name and address of any pharmacy is an unearned rebate and an inducement to refer patients to such pharmacist or pharmacy.


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ê1967 Statutes of Nevada, Page 1664 (Chapter 539, SB 232)ê

 

prescription blanks bearing the name or name and address of any pharmacy is an unearned rebate and an inducement to refer patients to such pharmacist or pharmacy.

      Sec.162.  1.  Any person who secures or attempts to secure registration for himself or any other person by making, or causing to be make, any false representation or who fraudulently represents himself to be a registered pharmacist is guilty of a misdemeanor.

      2.  Any certificate issued by the board on information later found to be false or fraudulent shall be automatically canceled by the board.

      Sec.163.  1.  It is unlawful for any person to have in his possession, or under his control, for the purpose of resale, or to sell or offer to sell or dispense or give away, any pharmaceutical preparation, drug or chemical which:

      (a) Has been dispensed pursuant to a prescription or chart order and has left the control of a registered pharmacist;

      (b) Has been damaged or subjected to damage by heat, smoke, fire or water, or other cause which might reasonably render it unfit for human or animal use;

      (c) Has been obtained through bankruptcy or foreclosure proceedings, or other court action, auction or other legal or administrative proceedings, except when such pharmaceutical preparation, drug or chemical is in the original sealed container;

      (d) Is no longer safe or effective for use, as indicated by the expiration date appearing on the label thereof; or

      (e) Has not been properly stored or refrigerated as required by the label thereof.

      2.  The provisions of subsection 1 do not apply if the person in whose possession the pharmaceutical preparation, drug or chemical is found also has in his possession a valid and acceptable certification of analysis attesting to the purity and strength of the pharmaceutical preparation, drug or chemical and attesting to the fact that it can be safely and effectively used by humans or animals. No such preparation, drug or chemical may be sold or otherwise disposed of until the certification above referred to has been presented to and approved by the board.

      3.  In the absence of conclusive proof that such preparation, drug or chemical can be used safely and effectively by humans or animals, it shall be destroyed under the direct supervision of a member or inspector of the board.

      Sec.164.  Any person who, while on duty in a pharmacy licensed by the board, sells, dispenses or compounds any prescription, or sells any drug or poison while so under the influence of intoxicating liquor, narcotics or any dangerous drug that he is unable properly to perform his duties is guilty of a misdemeanor.

      Sec.165.  Any person who:

      1.  Being the licensed proprietor of a pharmacy, fails to place a registered pharmacist in charge of such pharmacy, or permits the compounding or dispensing of drugs or prescriptions, or the selling of drugs, poisons or devices, the sale of which is restricted by the provisions of this chapter, by any person other than a registered pharmacist or a pharmaceutical clerk, is guilty of a misdemeanor.

      2.  Is not a registered pharmacist and who takes charge of or acts as manager of any pharmacy, compounds or dispenses any prescription, or sells any drug, poison or device, the sale of which is restricted by the provisions of this chapter, is guilty of a misdemeanor.


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

ê1967 Statutes of Nevada, Page 1665 (Chapter 539, SB 232)ê

 

manager of any pharmacy, compounds or dispenses any prescription, or sells any drug, poison or device, the sale of which is restricted by the provisions of this chapter, is guilty of a misdemeanor.

      Sec.166.  Any person not licensed by the board, who sells, displays or offers for sale any drug, device or poison, the sale of which is restricted to prescription only or by a registered pharmacist or under his direct and immediate supervision, is guilty of a misdemeanor.

      Sec.167.  Rules and regulations officially adopted by the board under the powers granted by NRS 454.110 and 454.120 and section 120 of this act as such rules and regulations apply to the restricted sale of drugs bearing caution and warning labels and the sale or labeling of poisons apply to all persons alike and shall have the force and effect of law. Violation of such rules and regulations is punishable as a misdemeanor.

      Sec.168.  1.  When called upon by a member, inspector or investigator of the board, the owner or manager of any pharmacy or other store retailing drugs, medicines or poisons or a wholesaler or manufacturer of drugs shall furnish the member, inspector or investigator with the name of the owner or owners, manager or managers, partners or corporation officers and all employees together with a statement of the capacity in which each of these persons is employed or the extent to which each is engaged in the operation of the licensed establishment.

      2.  Any person who refuses to furnish this information or willfully furnishes false information is guilty of a misdemeanor.

      Sec.169.  It is unlawful for any wholesaler or manufacturer to furnish, sell, offer for sale, or deliver any drugs, poisons, chemicals or other devices, other than those referred to in NRS 639.270, to any person not authorized by the laws of this state to handle, sell, possess or deal in such drugs, poisons, chemicals or devices.

      Sec.170.  Chapter 202 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any person who inhales, ingests, applies or otherwise uses any drug, chemical, poison or organic solvent, or any compound or combination of any drug, chemical, poison or organic solvent, in any manner contrary to the directions for use, cautions or warnings appearing on the label thereof, in order to create or induce a condition of intoxication, euphoria, hallucination or elation, or to change, distort or disturb the eyesight, thinking processes, balance or coordination or to affect the central nervous system of such person is guilty of a misdemeanor.

      2.  The provisions of this section do not apply to those persons who use any drug, chemical, poison or organic solvent for medicinal purposes under the supervision of a physician, when such drug, chemical, poison or organic solvent is used in keeping with the directions for use as given by the physician.

      Sec.171.  NRS 585.250 is hereby amended to read as follows:

      585.250  1.  Whenever the commissioner [or] , any of his authorized agents or any member or inspector of the state board of pharmacy finds, or has probable cause to believe, that any food, drug, device or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been quarantined, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court.


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ê1967 Statutes of Nevada, Page 1666 (Chapter 539, SB 232)ê

 

warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court.

      2.  It shall be unlawful for any person to remove or dispose of such quarantined article by sale or otherwise without such permission.

      Sec. 172.  NRS 585.260 is hereby amended to read as follows:

      585.260  1.  When the commissioner [or] , his authorized agent or member or inspector of the state board of pharmacy has found that an article so quarantined is not adulterated or misbranded, he shall remove the tag or other marking.

      2.  In any proceeding against the commissioner [or] , his authorized agent or a member or inspector of the state board of pharmacy because of such quarantine, the commissioner [or] , his authorized agent or member or inspector of the state board of pharmacy shall not be held liable if the court shall find that there was probable cause for such quarantine.

      Sec.173.  NRS 585.270 is hereby amended to read as follows:

      585.270  When an article quarantined under NRS 585.250 has been found by the commissioner [or] , his authorized agent or a member or inspector of the state board of pharmacy to be adulterated or misbranded, [he] the commissioner, his agent, or such member or inspector shall petition the judge of the district court in whose jurisdiction the article is quarantined for the condemnation and destruction of such article.

      Sec.174.  NRS 585.280 is hereby amended to read as follows:

      585.280  If the court finds that a quarantined article is adulterated or misbranded, such article shall, after entry of the decree, be destroyed under the supervision of the commissioner [or] , his authorized agent [.] or a member or inspector of the state board of pharmacy.

      Sec.175.  NRS 585.290 is hereby amended to read as follows:

      585.290  When the adulteration or misbranding can be corrected by proper labeling or processing of the article to the satisfaction of the commissioner [or] , his authorized agent [,] or a member or inspector of the state board of pharmacy, the court, after entry of the decree, may by order direct that such article be delivered to the owner or defender thereof for such labeling or processing under the supervision of the commissioner [or] , his authorized agent [.] or a member or inspector of the state board of pharmacy.

      Sec.176.  NRS 453.125, 454.070, 454.100, 454.200, 454.210, 454.240 to 454.300, inclusive, 454.360, 639.010, 639.080, 639.140, 639.240, 639.250 and 639.260 are hereby repealed.

      Sec.177.  This act shall become effective at 12:01 a.m. on July 1, 1967.

 

________

 

 


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

ê1967 Statutes of Nevada, Page 1667ê

 

CHAPTER 540, SB 464

Senate Bill No. 464–Senator Pozzi

 

CHAPTER 540

 

AN ACT to amend NRS 286.520, relating to employment by the state or a political subdivision of persons receiving retirement compensation under Public Employees’ Retirement Act, by increasing maximum annual income such persons may earn from state or political subdivision before forfeiture of benefits.

 

[Approved April 27, 1967]

 

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

do enact as follows:

 

      Section1.  NRS 286.520 is hereby amended to read as follows:

      286.520  1.  Any person accepting or receiving the benefits of retirement compensation under this chapter shall not be employed in any capacity by the State of Nevada, by a political subdivision of the State of Nevada, or any department, branch or agency thereof, except as provided in subsection 2. Any person accepting or enjoying the benefits of retirement compensation under this chapter who accepts employment or receives any other compensation from the State of Nevada, from a political subdivision of the State of Nevada, or any department, branch or agency thereof for services rendered, except as provided in subsection 2, shall forfeit all the benefits of this chapter so long as he shall retain such employment or receive such compensation. The proper officer shall forthwith strike such person’s name from the retirement compensation roll and refuse to honor any requisitions for retirement compensation made by such person.

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

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

      (b) Return to employment for the State of Nevada or a political subdivision thereof during any 1 calendar year without forfeiture of retirement benefits until they have earned a gross amount of [$1,800,] $2,400, at which time the benefits of retirement compensation shall be suspended and shall remain suspended for any month during which such person is employed for any period of time by the State of Nevada or its political subdivisions.

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

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


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ê1967 Statutes of Nevada, Page 1668 (Chapter 540, SB 464)ê

 

      5.  Notwithstanding any other provisions of this section or chapter any retired person who is elected or appointed as a county commissioner, city councilman or legislator may elect to waive any retirement rights accruing by such service and may thereafter receive his retirement allowance during the entire period of service in such designated offices.

      Sec.2.  This act shall become effective at 12:02 a.m. on July 1, 1967.

 

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CHAPTER 541, SB 142

Senate Bill No. 142–Senator Slattery

 

CHAPTER 541

 

AN ACT relating to mental illness; to provide for the hospitalization of the mentally ill; providing a penalty; and providing other matters properly relating thereto.

 

[Approved April 27, 1967]

 

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

do enact as follows:

 

      Section1.  Chapter 433 is hereby amended by adding thereto the provisions set forth as sections 2 to 51, inclusive, of this act.

      Sec.2.  Sections 2 to 51, inclusive, of this act may be cited as the Nevada Hospitalization of the Mentally Ill Law.

      Sec.3.  Unless the context otherwise requires, the words and terms defined in sections 4 to 10, inclusive, of this act shall have the meanings ascribed to them in sections 4 to 10, inclusive, of this act.

      Sec.4.  “Administrator” means an individual in charge of a public or private hospital or his delegate.

      Sec.5.  “Chief of service” means the physician charged with overall responsibility for the professional program of care and treatment in the particular administrative unit of the hospital to which the patient has been admitted or such other member of the medical staff as shall be designated by the chief of service.

      Sec.6.  “Mental illness” means any psychosis or other disease which substantially impairs the mental health of an individual.

      Sec.7.  “Mentally ill person” means any person who has a mental illness, but does not include a person committed to a private or public hospital in the State of Nevada by order of the court in a criminal proceeding.

      Sec.8.  “Physician” means a person licensed under the laws of the State of Nevada to practice medicine.

      Sec.9.  “Private hospital” means any hospital or institution, or part thereof, in the State of Nevada, other than a public hospital, equipped and qualified to provide inpatient care and treatment for any person suffering from a physical or mental illness.

      Sec.10.  “Public hospital” means any hospital or institution, or part thereof, in the State of Nevada, owned and operated by the State of Nevada, or any hospital owned by a county of this state, equipped and qualified to provide inpatient care and treatment for any person suffering from a physical or mental illness.


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ê1967 Statutes of Nevada, Page 1669 (Chapter 541, SB 142)ê

 

      Sec.11.  Any person may apply to any public or private hospital in the State of Nevada for admission to such hospital as a voluntary patient for the purposes of observation, diagnosis, and care and treatment of a mental illness. Upon the request of any such person 18 years of age or over, or in the case of any person under 18 years of age, upon a request made by his spouse, parent or legal guardian, the administrator of a public hospital shall, if an examination by an admitting psychiatrist or physician at such public hospital reveals the need for such hospitalization, and the administrator of a private hospital may, admit any such person as a voluntary patient to such hospital for observation, diagnosis, and care and treatment of a mental illness in accordance with the provision of sections 2 to 51, inclusive, of this act.

      Sec. 12.  1.  Any voluntary patient admitted to any hospital pursuant to section 11 of this act who is 18 years of age or over is entitled at any time to obtain his release from such hospital by filing a written request with the chief of service. The chief of service shall, within a period of 48 hours after the receipt of any such request, release the voluntary patient making such request. In the case of any voluntary patient under the age of 18 years, the chief of service shall release such patient, according to the provisions of this section, upon the written request of his spouse, parent or legal guardian.

      2.  The chief of service may release any voluntary patient hospitalized pursuant to section 11 of this act whenever he determines that such patient has recovered or that his continued hospitalization is no longer beneficial to him or advisable. In the case of a state-operated hospital, release pursuant to this subsection is subject to the prior approval of the superintendent.

      Sec.13.  1.  A friend or relative of a person believed to be suffering from a mental illness may make application on behalf of that person to the admitting psychiatrist or physician of any hospital by presenting the person, together with a referral from a practicing physician. Such person may be accepted for examination and treatment by any private hospital and shall be accepted for examination and treatment by any public hospital if, in the judgment of the admitting psychiatrist or physician, the need is indicated on the basis of the person’s mental condition and such person signs a statement at the time of such admission stating that he does not object to hospitalization. Such statement shall contain in simple, nontechnical language the fact that the person is to be hospitalized and a description of the right to release set out in subsection 2. An admitting psychiatrist may admit such a person without referral from a practicing physician if the need for an immediate admission is apparent to the admitting psychiatrist upon preliminary examination.

      2.  Any person hospitalized under the provisions of subsection 1 shall be immediately released upon his written request unless proceedings for hospitalization under court order pursuant to sections 22 to 26, inclusive, of this act, have been initiated.

      Sec.14.  Any duly accredited officer or agent of the department of health and welfare or any officer authorized to make arrests in the State of Nevada or the family physician of the person in question, who has reason to believe that a person is mentally ill and, because of such illness, is likely to injure himself or others if he is not immediately detained may, without a warrant, take such person into custody, transport him to a public or private hospital, and make application for his admission thereto for purposes of emergency observation and diagnosis.


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ê1967 Statutes of Nevada, Page 1670 (Chapter 541, SB 142)ê

 

is likely to injure himself or others if he is not immediately detained may, without a warrant, take such person into custody, transport him to a public or private hospital, and make application for his admission thereto for purposes of emergency observation and diagnosis. Such application shall reveal the cricumstances under which the person was taken into custody and the reasons therefor.

      Sec.15.  Subject to the provisions of section 17 of this act, the administrator of any private hospital may, and the administrator of any public hospital shall, admit and detain for purposes of emergency observation and diagnosis any person with respect to whom application is made pursuant to section 14 of this act, if such application is accompanied by a certificate of a psychiatrist or physician on duty at such hospital stating that he has examined the person and is of the opinion that he has symptoms of a mental illness and, as a result thereof, is likely to injure himself or others unless he is immediately hospitalized.

      Sec.16.  Not later than 24 hours after the admission, pursuant to sections 14 and 15 of this act, of any individual to a hospital, the administrator of such hospital shall give notice of such admission, by certified mail, to the spouse, parent or legal guardian of such person and to the clerk of the district court of the county in which such hospital is located.

      Sec.17.  No person admitted to any hospital under section 15 of this act shall be detained in such hospital for a period in excess of 48 hours from the time of his admission unless the administrator of such hospital has, within such period, filed a written petition with the clerk of the district court for an order of the court authorizing the continued hospitalization of such person for emergency observation and diagnosis for a period not to exceed 7 days from the time such order is entered.

      Sec.18.  1.  The district court shall, within a period of 48 hours after the receipt by the clerk of the petition filed pursuant to section 17 of this act, either order the hospitalization of such person for emergency observation and a diagnosis for a period not to exceed 7 days from the time such order is entered, or order his immediate release. In making its determination, the court shall consider the written reports of the agent, officer or physician who made the application under sections 14 and 15 of this act, the certificate of the examining psychiatrist or physician which accompanied it, and any other relevant information.

      2.  Any person whose continued hospitalization is ordered under subsection 1 is entitled, upon his own request or upon the request of his parent, guardian or spouse, to a hearing before the court entering such order. Any such hearing so requested shall be held within a period of 5 days after receipt of such request.

      Sec.19.  The chief of service of any hospital in which a person is hospitalized under a court order entered pursuant to section 18 of this act shall, within 48 hours after such order is entered, have such person examined by a physician. If the physician, after his examination, certifies that in his opinion the person is not mentally ill to the extent that he is likely to injure himself or others if not presently detained, the person shall be immediately released. The chief of services shall, within 48 hours after such examination has been completed, send a copy of the results thereof by certified mail to the spouse, parents, attorney, legal guardian, or nearest known adult relative of the person examined.


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

ê1967 Statutes of Nevada, Page 1671 (Chapter 541, SB 142)ê

 

thereof by certified mail to the spouse, parents, attorney, legal guardian, or nearest known adult relative of the person examined.

      Sec.20.  Any physician or psychiatrist making application or conducting an examination under sections 2 to 51, inclusive, of this act shall be a competent and compellable witness at any trial, hearing or other proceeding conducted pursuant to sections 2 to 49, inclusive, of this act and the physician-patient privilege shall not be applicable.

      Sec.21.  Notwithstanding any provision of sections 14 to 20, inclusive, of this act, the administrator of any hospital in which a person is hospitalized under such sections may, if judicial proceedings for his hospitalization have been commenced under sections 22 to 26, inclusive, of this act, detain such person therein during the course of such proceedings.

      Sec.22.  Proceedings for the judicial hospitalization of any person in the State of Nevada may be commenced by the filing of a petition with the clerk of the district court of any county where the person who is to be hospitalized resides by his spouse, parent or legal guardian, by any physician, duly accredited officer or agent of the department of health and welfare, or by any officer authorized to make arrests in the State of Nevada. Such petition shall be accompanied:

      1.  By a certificate of a physician stating that he has examined the person and is of the opinion that such person is mentally ill, and because of such illness is likely to injure himself or others if allowed to remain at liberty; or

      2.  By a sworn written statement by the petitioner that:

      (a) The petitioner has good reason to believe that such person is mentally ill and, because of such illness, is likely to injure himself or others if allowed to remain at liberty; and

      (b) That such person has refused to submit to examination by a physician.

      Sec.23.  Within 3 days after he receives any petition filed under section 22 of this act, the clerk of the district court shall send a copy of such petition by certified mail to the person with respect to whom it was filed and notify the person of the place and time of hearing. When the person is being detained at the Nevada state hospital or any other mental health facility of the State of Nevada, the hearing shall be held at such facility if at all possible.

      Sec.24.  1.  The district court shall promptly examine any person alleged to be mentally ill after the filing of a petition provided by section 22 of this act and shall thereafter promptly hold a hearing on the issue of his mental illness. Such hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the mental health of the person named in such petition.

      2.  In conducting the hearing as provided in subsection 1, the district court shall hear testimony of any person whose testimony may be relevant and shall receive all relevant evidence which may be offered. Any person with respect to whom a hearing is held under this section may, at the discretion of the court, be present and testify at such hearing.


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

ê1967 Statutes of Nevada, Page 1672 (Chapter 541, SB 142)ê

 

      3.  The district court shall also hold a hearing in order to determine liability for the expenses of hospitalization of the alleged mentally ill person, if it is determined that he is mentally ill and should be hospitalized as provided under sections 2 to 51, inclusive, of the act. Such hearing may be conducted separately from the hearing on the issue of mental illness.

      Sec. 25.  1.  The alleged mentally ill person is entitled to retain counsel to represent him in any proceeding before the district court and if he fails or refuses to obtain counsel, the court may appoint counsel.

      2.  Any counsel appointed pursuant to subsection 1 shall be awarded compensation by the court for his services in an amount determined by it to be fair and reasonable. Such compensation shall be charged against the estate of the person for whom such counsel was appointed, or against the State of Nevada as the court in its discretion may direct.

      3.  The court shall, at the request of any counsel so appointed, grant a recess in such proceeding, for not more than 5 days, to give such counsel an opportunity to prepare his case.

      4.  Each district attorney or his deputy shall appear and represent the state in all commitment proceedings in his county.

      Sec.26.  If the district court finds, after a hearing pursuant to sections 24 and 25 of this act, that the person with respect to whom such hearing was held:

      1.  Is not mentally ill, or if mentally ill is not likely to injure himself or others if allowed to remain at liberty, the court shall immediately order his release.

      2.  Is mentally ill and, because of that illness, is likely to injure himself or others if allowed to remain at liberty, the court may order his hospitalization for an indeterminate period, or order any other alternative course of treatment which the court believes will be in the best interests of such person or of the public.

      Sec.27.  (Deleted by amendment.)

      Sec.28.  (Deleted by amendment.)

      Sec.29.  1.  When a person is committed to a hospital under one of the various forms of commitment prescribed by law, the parent or parents of a mentally ill person who is a minor or the husband or wife or adult child of a mentally ill person, if of sufficient ability, and the estate of such mentally ill person, if such estate is sufficient for the purpose, shall pay the cost to the State of Nevada of such mentally ill person’s maintenance, including treatment and surgical operations, in any hospital in which such person is hospitalized under sections 2 to 51, inclusive, of this act.

      2.  It is the duty of the district court to examine, under oath, the father, mother, husband, wife or adult child, as the case may be, of any alleged mentally ill person whenever such relatives live within the State of Nevada, and to ascertain the ability of such relatives or estate to maintain or contribute toward the maintenance of such mentally ill person, except that in no case shall such relatives or estate be required to pay more than the actual cost of maintenance of such alleged mentally ill person.

      Sec.30.  1.  If any person, made liable for the maintenance of a mentally ill person under section 29 of this act, fails to provide or pay for such maintenance, the court shall issue to such person a citation to show cause why he should not be adjudged to pay a portion or all of the expenses of a maintenance of such patient.


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

ê1967 Statutes of Nevada, Page 1673 (Chapter 541, SB 142)ê

 

for such maintenance, the court shall issue to such person a citation to show cause why he should not be adjudged to pay a portion or all of the expenses of a maintenance of such patient. The citation shall be served at least 10 days before the hearing thereon.

      2.  If, upon the hearing as authorized under subsection 1, it appears to the court that the mentally ill person has not sufficient estate out of which his maintenance may properly be fully met and that he has any relative of the degree referred to in section 29 of this act who is a party to the proceedings, and who is able to contribute thereto, the court may make an order requiring payment by such relative of such sum or sums as it may find he is reasonably able to pay and as may be necessary to provide for the maintenance and treatment of such mentally ill person.

      Sec.31.  Any order issued pursuant to section 30 of this act:

      1.  Shall require the payment of such sums to the state treasurer annually, semiannually, quarterly or monthly as the court may direct. The state treasurer shall credit such sums to the general fund in the state treasury.

      2.  May be enforced, as provided in chapter 31 of NRS, against any property of the mentally ill person or the person liable or undertaking to maintain him.

      Sec.32.  No petition, application or certificate authorized under sections 14, 15, 17 and 22 of this act may be considered if made by a physician who is related by blood or marriage to the alleged mentally ill person, or who is financially interested in the hospital in which the alleged mentally ill person is to be detained. No such petition, application or certificate of any physician may be considered unless it is based on personal observation and examination of the alleged mentally ill person made by such physician not more than 72 hours prior to the making of the petition, application or certificate. Such certificate shall set forth in detail the facts and reasons on which such physician based his opinions and conclusions.

      Sec.33.  The certificate or order committing any person who is a patient in a general hospital shall be accompanied by a clinical abstract including a history of illness, diagnosis, treatment and the names of relatives or correspondents.

      Sec.34.  When a person charged with a crime is believed to be mentally ill, the district court having jurisdiction may order his temporary commitment for examination and report, which commitment shall continue until the further order of the court or until completion of the examination and report of the hospital.

      Sec.35.  1.  Any patient hospitalized pursuant to a court order obtained under section 26 of this act, or his attorney, legal guardian, spouse, parent or other nearest adult relative, is entitled, upon the expiration of 90 days following such order and not more frequently than every 6 months thereafter, to request, in writing, the chief of service of the hospital in which the patient is hospitalized to have a current examination of his mental condition made by one or more physicians. If the request is timely it shall be granted. The patient is entitled, at his own expense, to have any duly qualified physician participate in such examination. In the case of any such patient who is indigent, the department of health and welfare shall, upon the written request of such patient, assist him in obtaining a duly qualified physician to participate in such examination in the patient’s behalf.


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ê1967 Statutes of Nevada, Page 1674 (Chapter 541, SB 142)ê

 

obtaining a duly qualified physician to participate in such examination in the patient’s behalf. Any such physician so obtained by such indigent patient shall be compensated for his services out of any unobligated funds of such department in an amount determined by it to be fair and reasonable.

      2.  If the chief of service, after considering the reports of the physicians conducting such examination, determines that the patient is no longer mentally ill to the extent that he is likely to injure himself or others if not hospitalized, the chief of service shall order the immediate release of the patient. However, if the chief of service, after considering such reports, or another physician examining the patient, determines that such patient continues to be mentally ill to the extent that he is likely to injure himself or others if not hospitalized, but one or more of the physicians participating in such examination reports that the patient is not mentally ill to such extent, the patient may petition the court for an order directing his release. Such petition shall be accompanied by the reports of the physicians who conducted the examination of the patient.

      3.  In the case of a state-operated hospital, release pursuant to subsection 2 is subject to the prior approval of the superintendent.

      Sec.36.  In considering the petition authorized by section 35 of this act, the court shall consider the testimony of the physicians who participated in the examination of such patient, and the reports of such physicians accompanying the petition. After considering such testimony and reports, the court shall:

      1.  Reject the petition and order the continue hospitalization of the patient;

      2.  Order the chief of service immediately to release such patient; or

      3.  Order a further hearing on the question of the mental illness of the patient.

      Sec.37.  1.  The chief of service of a public or private hospital shall as often as practicable, but not less often than every 6 months, examine or cause to be examined each patient admitted to any such hospital pursuant to section 26 of this act, and if he determines on the basis of such examination that the conditions which justified the involuntary hospitalization of such patient no longer exist, the chief of service shall immediately release such patient.

      2.  In the case of a state-operated hospital, release pursuant to subsection 1 shall be subject to the approval of the superintendent.

      3.  Nothing in subsections 1 and 2 shall be construed to prohibit any person from exercising any right presently available to him for obtaining release from confinement, including the right to petition for a writ of habeas corpus.

      Sec.38.  1.  Any person hospitalized in a public or private hospital pursuant to sections 2 to 51, inclusive, of this act is entitled to communicate by sealed mail or otherwise with any person or official agency inside or outside the hospital, and to receive uncensored mail from his attorney or personal physician. All other incoming mail or communications may be read before being delivered to the patient, if the chief of service believes such action is necessary for the medical welfare of the patient who is the intended recipient.


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ê1967 Statutes of Nevada, Page 1675 (Chapter 541, SB 142)ê

 

who is the intended recipient. However, any mail or other communication which is not delivered to the patient for whom it is intended shall be immediately returned to the sender. Nothing in this section shall prevent the administrator from making reasonable rules regarding visitation hours and the use of telephone and telegraph facilities.

      2.  The provisions of subsection 1 do not apply to any person hospitalized pursuant to NRS 178.425 or 433.320 or section 34 of this act.

      Sec.39.  Any person hospitalized in a public hospital for a mental illness, during his hospitalization is entitled to medical and psychiatric care and treatment. The administrator of each public hospital shall keep records detailing all such care and treatment received by any such person and such records shall be made available, upon that person’s written authorization, to his attorney or personal physician. Such records shall be preserved by the administrator for at least 5 years.

      Sec.40.  No mechanical restraint shall be applied to any patient hospitalized in any public or private hospital for a mental illness unless the use of restraint is prescribed by a physician and, if so prescribed, such restraint shall be removed whenever the condition justifying its use no longer exists. Any use of a mechanical restraint, together with the reasons therefor, shall be made a part of the medical record of the patient.

      Sec.41.  No patient hospitalized pursuant to sections 2 to 51, inclusive, of this act shall, by reason of such hospitalization, be denied the right to dispose of property, marry, execute instruments, make purchases, enter into contractual relationships, vote and hold a driver’s license, unless such patient has been adjudicated incompetent by a court of competent jurisdiction and has not been restored to legal capacity. If the chief of service of the public or private hospital in which any such patient is hospitalized is of the opinion that such patient is unable to exercise any of the aforementioned rights, the chief of service shall immediately notify the patient and the patient’s attorney, legal guardian, spouse, parents or other nearest known adult relative, and the district court of that fact.

      Sec.42.  Any person in the State of Nevada who, by reason of a judicial decree ordering his hospitalization entered prior to the effective date of this act, is considered to be mentally incompetent and is denied the right to dispose of property, marry, execute instruments, make purchases, enter into contractual relationships, vote or hold a driver’s license solely by reason of such decree shall, upon the expiration of the 1-year period immediately following such date, be deemed to have been restored to legal capacity unless, within such 1-year period, affirmative action is commenced to have such person adjudicated mentally incompetent by a court of competent jurisdiction.

      Sec.43.  Any patient, and the patient’s spouse, parents or other nearest known adult relative, shall receive, upon admission of the patient to the hospital, a written statement outlining in simple, nontechnical language all release procedures provided by sections 2 to 51, inclusive, of this act, setting out all rights accorded to patients by sections 2 to 51, inclusive, of this act, and describing procedures provided by law for adjudication of incompetency and appointment of trustees or committees for the hospitalized individual.


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ê1967 Statutes of Nevada, Page 1676 (Chapter 541, SB 142)ê

 

      Sec.44.  If a person ordered committed to a public hospital by the court pursuant to section 26 of this act is found by the court not to be a resident of the State of Nevada and to be a resident of another place, he shall be transferred to the state of his residence if an appropriate institution of that state is willing to accept him. If the person is an indigent, the expense of transferring him, including the traveling expenses of necessary attendants, shall be borne by the State of Nevada.

      Sec.45.  Witnesses subpenaed under the provisions of sections 2 to 51, inclusive, of this act shall be paid the same fees and mileage as are paid to witnesses in the courts of the State of Nevada.

      Sec.46.  No person apprehended, detained or hospitalized under any provision of sections 2 to 33 and 35 to 51, inclusive, of this act shall be confined in jail or in any penal or correctional institution unless such confinement is ordered by a court of competent jurisdiction.

      Sec.47.  All applications and certificates for the hospitalization of any person in the State of Nevada under sections 2 to 51, inclusive, of this act shall be made on forms approved by the mental hygiene division of the department of health and welfare and the office of the attorney general and furnished by the clerks of the district courts in each county.

      Sec.48.  The court in its discretion may require any petitioner under section 22 of this act to file an undertaking with surety to be approved by the court in such amount as the court may deem proper, conditioned to save harmless the person alleged to be mentally ill by reason of costs incurred, including attorney’s fees, if any, and damages suffered by such person, as a result of any such action.

      Sec.49.  The provisions of sections 2 to 51, inclusive, of this act shall be applicable to any person who, on or after the effective date of this act, is a patient in a hospital in the State of Nevada by reason of having been declared insane or of unsound mind pursuant to a court order entered in a noncriminal proceeding prior to such date; except that any request for an examination authorized under sections 35 to 37, inclusive, of this act may be made by such person, or his attorney, legal guardian, spouse, parent or other nearest adult relative, after the expiration of the 30-day period following the effective date of this act and not more frequently than every 6 months thereafter.

      Sec.50.  In computing any period of time prescribed by sections 2 to 51, inclusive, of this act:

      1.  If such period is computed in days or longer units, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday.

      2.  If such period is computed in hours, and expires during Saturday, Sunday or legal holiday, the period is extended until noon of the next day which is not a Saturday, Sunday or legal holiday.

      Sec.51.  1.  Any person who:

      (a) Without probable cause for believing a person to be mentally ill, causes or conspires with or assists another to cause the hospitalization of any such person under sections 2 to 51, inclusive, of this act; or

      (b) Causes or conspires with or assists another to cause the denial to any person of any right accorded to him under sections 2 to 51, inclusive, of this act,

 


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ê1967 Statutes of Nevada, Page 1677 (Chapter 541, SB 142)ê

 

any person of any right accorded to him under sections 2 to 51, inclusive, of this act,

shall be punished by a fine not exceeding $5,000 or by imprisonment in the state prison for not less than 1 year nor more than 3 years, or by both fine and imprisonment.

      2.  Any person who, without probable cause for believing another person to be mentally ill, executes a petition, application or certificate pursuant to sections 2 to 51, inclusive, of this act, by which such person secures or attempts to secure the apprehension, hospitalization, detention or restraint of any such person alleged to be mentally ill, or any physician or psychiatrist who knowingly makes any false certificate or application pursuant to section 2 to 51, inclusive, of this act as to the mental condition of any person, shall be punished by a fine not exceeding $5,000 or by imprisonment in the state prison for not less than 1 year nor more than 3 years, or by both fine and imprisonment.

      Sec. 52.  NRS 433.100 is hereby amended to read as follows:

      433.100  1.  The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation [.] , but he may attend seminars, act as a consultant and give lectures relating to his profession and accept appropriate stipends for such seminars, consultations and lectures.

      2.  He shall reside at the residence provided for in NRS 433.105.

      3.  Except as otherwise provided by law, his only compensation shall be an annual salary which shall be fixed in accordance with the pay plan adopted under the provisions of chapter 284 of NRS.

      4.  The superintendent shall receive the per diem expense allowance and travel expenses as fixed by law.

      Sec.53.  NRS 433.210 is hereby amended to read as follows:

      433.210  1.  The expenses of the entire proceedings as determined by the district judge shall be paid [out of the county funds, or shall be paid by financially able relatives, or as provided in subsection 4.] by the state.

      2.  Examining physicians shall be paid a reasonable sum for their services, the amount to be determined by the district judge and to be paid as he shall order. [, but not to exceed $15 per commitment.]

      3.  The official reporter shall be compensated as ordered by the district judge, the fees to be paid as prescribed by law.

      [4.  Where the person to be committed last resided in another county of the state, the entire expenses of the proceedings shall be charged to and payable by such county of residence.]

      Sec.54.  NRS 433.510 is hereby amended to read as follows:

      433.510  [If the person so committed is unable to provide for such payment, and has no property applicable for such purpose, and no kindred in the degree heretofore provided, the person shall be conveyed to and cared for at the hospital at the expense of the state.] If the person committed is an alcoholic, the reasonable cost of transportation and care shall be a charge upon the future earnings of the person until repaid in full.

      Sec.55.  NRS 433.530 is hereby amended to read as follows:

      433.530  The superintendent may authorize the transfer of a committed person to a general hospital for necessary diagnostic, medical or surgical services not available at the Nevada state hospital. Such services shall be performed at a hospital designated by the superintendent, and in no case shall the patient be transported to the county charged with the costs of such patient’s hospitalization unless the superintendent deems it convenient to the hospital and in the best interests of the patient.


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ê1967 Statutes of Nevada, Page 1678 (Chapter 541, SB 142)ê

 

shall be performed at a hospital designated by the superintendent, and in no case shall the patient be transported to the county charged with the costs of such patient’s hospitalization unless the superintendent deems it convenient to the hospital and in the best interests of the patient. The expense of diagnostic, medical and surgical services furnished by persons not on the hospital staff, whether rendered while the committed person is a patient in a general hospital, an out patient of a general hospital or treated outside any hospital, and hospitalization incidental and necessary thereto, shall be paid by those made responsible for such patient’s care under the order of commitment, or, in the case of an indigent patient, shall be a charge upon the county from which the commitment was made, if the indigent prior to commitment had been a resident of that county for more than 1 year.

      Sec.56.  NRS 433.550 is hereby amended to read as follows:

      433.550  1.  [At any time the superintendent may discharge any patient who in his opinion has recovered from his mental illness, or is a dotard and not mentally ill, or who is a person who in the judgment of the superintendent will not be detrimental to the public welfare or injurious to himself.

      2.]  No committed indigent patient shall be discharged except upon 10 days’ written notice being first given to the county clerk of the county:

      (a) In which such patient last resided prior to commitment, if he was a resident of this state; or

      (b) From which such patient was committed, if he was a nonresident.

      [3.] 2.  An indigent resident of this state discharged as having recovered from his mental illness, but having a residual medical or surgical disability which prevents him from obtaining or holding remunerative employment, shall be returned to the county of his last residence. A nonresident indigent with such disabilities shall be returned to the county from which he was committed. The superintendent shall first give notice in writing, not less than 10 days prior to discharge, to the board of county commissioners of the county to which such person will be returned.

      [4.] 3.  Delivery of the discharged person shall be made to an individual or agency designated by the board of county commissioners or county welfare department of such county.

      [5.] 4.  Nothing contained in this section shall authorize the release of any person held upon an order of a court or judge having criminal jurisdiction arising out of a criminal offense.

      [6.] 5.  The superintendent shall not discharge a patient known to have exhibited physical violence toward persons or property immediately prior to commitment and who was committed subject to further order of the court, without first giving notice in writing, not less than 10 days prior to discharge, to the court or judge who ordered such patient committed.

      Sec.57.  NRS 433.580 is hereby amended to read as follows:

      433.580  1.  [For the purpose of repatriation, all nonresident patients who are confined in, admitted or committed to the hospital may be returned to the state in which they have legal residence.

      2.] For the purpose of facilitating the return of [such patients,] nonresident patients to the state in which they have legal residence, the superintendent may enter into reciprocal agreements, consistent with the provisions of this chapter, with the proper boards, commissioners or officers of other states for the mutual exchange of such patients confined in, admitted or committed to a state hospital in one state whose legal residence is in the other, and may give written permission for the return and admission to the Nevada state hospital of any resident of this state when such permission is conformable to the provisions of this chapter governing admissions to the hospital.


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ê1967 Statutes of Nevada, Page 1679 (Chapter 541, SB 142)ê

 

provisions of this chapter, with the proper boards, commissioners or officers of other states for the mutual exchange of such patients confined in, admitted or committed to a state hospital in one state whose legal residence is in the other, and may give written permission for the return and admission to the Nevada state hospital of any resident of this state when such permission is conformable to the provisions of this chapter governing admissions to the hospital.

      [3.] 2.  The county clerk and board of county commissioners of each county, upon receiving notice from the superintendent that an application for the return of an alleged resident of this state has been received, shall promptly investigate and report to the superintendent their findings as to the legal residence of the patient.

      Sec.58.  NRS 450.470 is hereby amended to read as follows:

      450.470  If the county hospital is located at the county seat, the board of hospital trustees shall, at all times, provide a suitable room for the detention and examination of all persons who are alleged to be mentally ill and who are to be brought before the judge of the district court as provided in [NRS 433.200.] sections 22 to 26, inclusive, of this act.

      Sec.59.  NRS 433.200, 433.240, 433.245, 433.310, 433.330, 433.340, 433.350, 433.370, 433.380, 433.390, 433.400, 433.490 and 433.520 are hereby repealed.

      Sec.60.  This act shall become effective at 12:01 a.m. on July 1, 1967.

 

________

 

 

CHAPTER 542, SB 408

Senate Bill No. 408–Senators Dodge and Swobe

 

CHAPTER 542

 

AN ACT relating to corporate local improvement and service districts; to amend chapter 318 of NRS, relating to general improvement districts, by adding new sections thereto, amending existing sections therein, and repealing certain sections thereof; to repeal certain chapters of Title 25 of NRS; providing for the reorganization of corporate local improvement and service districts and their governing bodies; adding certain sections designated the Special District Control Law; relating to the formation of corporate local improvement and service districts, purposes for which they are organized and reorganized, governing bodies of such districts and the members thereof, and also to basic powers and incidental powers of such districts and limitations in connection therewith; concerning facilities and services furnished by such districts, other properties thereof, the borrowing of money, the other incurrence of obligations, and the issuance of bonds and other securities, the levy and collection of general (ad valorem) property taxes, of rates, tolls, charges and other revenues pertaining to such facilities and services, and of special assessments pertaining to local improvements of such districts, and other moneys thereof; otherwise concerning such properties, obligations, securities, taxes, revenues, special assessments, and pledges and liens pertaining thereto; otherwise providing powers, duties, rights, privileges, liabilities and limitations and other details in connection therewith; providing penalties; repealing certain acts and parts of acts enacted by the 54th legislative session; and providing other matters properly relating thereto.

 

[Approved April 27, 1967]

 

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

do enact as follows:

 

      Section1.  NRS 318.020 is hereby amended to read as follows:

      318.020  As used in this chapter the following words or phrases are defined as follows:


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ê1967 Statutes of Nevada, Page 1680 (Chapter 542, SB 408)ê

 

      1.  “Acquisition,” “acquire” and “acquiring” each means acquisition, extension, alteration, reconstruction, repair or other improvement by purchase, construction, installation, reconstruction, condemnation, lease, rent, gift, grant, bequest, devise, contract or other acquisition, or any combination thereof.

      2.  “Board of trustees” and “board” alone each means the board of trustees of a district.

      3.  “General improvement district” and “district” alone each means any general improvement district organized or, in the case organizational provisions, proposed to be organized, pursuant to this chapter.

      4.  “Mail” means a single mailing, first class (or its equivalent), postage prepaid, by deposit in the United States mails, at least 15 days prior to the designated time or event.

      5.  “Project” and “improvement” each means any structure, facility, undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property, including but not limited to land, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.

      6.  “Publication” means publication at least once a week for 3 consecutive weeks by three weekly insertions in at least one newspaper of general circulation in the district. It shall not be necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but the first publication shall be at least 15 days prior to the designated time or event.

      7.  [“Special assessment district” means any local public improvement district organized within a general improvement district by the board of trustees of such general improvement district pursuant to this chapter.

      8.  “Taxpaying elector” means a person who is qualified to vote at general elections in this state, and who, or whose spouse, is obligated as an owner or as a contract purchaser at a designated time or event to pay a general tax on real or personal property within the district. Registration pursuant to the general election (or any other) statutes is not required. Residence in the county is not required.

      9.  “Trustee” means the members of a board.] “Qualified elector” means a person who is qualified to vote at general elections in this state and:

      (a) Who is a resident of the district; or

      (b) Who or whose spouse is obligated as an owner or as a contract purchaser at a designated time or event to pay a general tax on real or personal property within the district.

Registration pursuant to the general election (or any other) statutes is not required. Residence in any particular county in the state is not required. For the purpose of voting in any election precinct or other voting division, any qualified elector who is not a resident of the district shall be deemed a resident of such election precinct or other voting division in which is located such taxable real or personal property or the larger or largest portion thereof according to its assessed valuation.


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ê1967 Statutes of Nevada, Page 1681 (Chapter 542, SB 408)ê

 

      8.  “Special assessment district” means any local public improvement district organized within a general improvement district by the board of trustees of such general improvement district pursuant to this chapter.

      9.  “Taxpaying elector” means a person who is qualified to vote at general elections in this state, and who, or whose spouse, is obligated as an owner or as a contract purchaser at a designated time or event to pay a general tax on real or personal property within the district.

Registration pursuant to the general election (or any other) statutes is not required. Residence in any particular county is not required.

      10.  “Trustees” means the members of a board.

      Sec.2.  Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 10, inclusive, of this act.

      Sec.3.  1.  Sections 3 to 10, inclusive, of this act shall be known as the Special District Control Law.

      2.  The legislature hereby determines and declares that the procedures contained in the Special District Control Law are necessary for the coordinated and orderly creation of special district governments and for the logical extension for special district services throughout the state.

      3.  It is the purpose of the Special District Control Law to prevent unnecessary proliferation and fragmentation of local government and to avoid excessive diffusion of local tax sources.

      Sec.4.  1.  The Special District Control Law is applicable to any petition for the formation of any proposed “special district” filed with any board of county commissioners.

      2.  A “special district” means any water district, sanitation district, water and sanitation district, municipal power district, mosquito abatement district, public cemetery district, swimming pool district, television maintenance district, general improvement district, or any other quasi-municipal corporation organized under the local improvement and service district laws of this state as enumerated in Title 25 of NRS, but excluding:

      (a) All local improvement districts created pursuant to chapter 309 of NRS;

      (b) All housing authorities; and

      (c) All districts the formation of which is initiated by a board of county commissioners.

      Sec.5.  1.  Any prospective petitioner of any proposed special district as defined in section 4 shall file a service plan with the board of county commissioners of any county which has territory included within the boundaries of the proposed district. The service plan shall:

      (a) Consist of a financial survey and a preliminary engineering or architectural survey showing how the proposed services are to be provided and financed.

      (b) Include a map of the proposed district boundaries, and estimate of the population and assessed valuation of the proposed district.

      (c) Describe the facilities to be constructed, the standards of such construction, the services to be provided by the district, an estimate of costs, including the cost of acquiring land, engineering services, legal services, proposed indebtedness, including proposed maximum interest rates and any discounts, any other proposed bonds and any other securities to be issued, their type or character, annual operation and maintenance expenses, and other major expenses related to the formation and operation of the district.


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ê1967 Statutes of Nevada, Page 1682 (Chapter 542, SB 408)ê

 

be issued, their type or character, annual operation and maintenance expenses, and other major expenses related to the formation and operation of the district.

      (d) Outline the details of any arrangement or proposed agreement with any city or town for the performance of any services between the proposed special district and such city or town. The form of any such contract to be used, if available, shall be attached to the service plan.

      2.  Each service plan filed shall be accompanied by a processing fee set by the board of county commissioners not to exceed $200 which shall be deposited in the county general fund. Such processing fee shall be sufficient to cover the costs related to the hearing prescribed by section 9, including the costs of notice, publication and recording of testimony.

      Sec.6.  1.  A petition for the formation of a special district filed with any board of county commissioners pursuant to subsections 4 and 5 of NRS 318.055, shall be accompanied by a resolution approving the service plan of the proposed district by the board of county commissioners of the county in which the territory of the proposed special district lies.

      2.  If the boundaries of a proposed special district include territory within two or more counties, a resolution approving the service plan for such special district shall be required from the board of county commissioners of each county which has territory included in the proposed special district; but the board of county commissioner of each of the respective counties may in their discretion hold a joint hearing on the proposed district in accordance with section 9.

      Sec.7.  The board of county commissioners of each such county shall constitute the approving authority under the Special District Control Law and shall review any service plan filed by the petitioners of any proposed special district. With reference to the review of any service plan, each such board of county commissioners may:

      1.  Approve without condition or modification the service plan submitted by the petitioners of a proposed special district;

      2.  Disapprove the service plan submitted by the petitioners of a proposed special district as provided in section 8; and

      3.  Conditionally approve the service plan submitted by the petitioners of a proposed special district subject to the submission of additional information relating to, or modification of, the proposed service plan.

      Sec.8.  1.  Each such board of county commissioners may disapprove the service plan submitted by the petitioners of a proposed special district upon satisfactory evidence that:

      (a) There is insufficient existing and projected need for organized service in the area to be serviced by the proposed district; or

      (b) The existing service in the area to be served by the proposed district is adequate for present and projected needs; or

      (c) Adequate service is, or will be, available to the area through municipal annexation by other existing municipal or quasi-municipal corporations within a reasonable time and on a comparable basis: or

      (d) The proposed special district is incapable of providing economic and sufficient service to the area within its proposed boundaries; or

      (e) The area to be included in the proposed district does not have or will not have the financial ability to discharge the proposed indebtedness, other securities, or other obligations to be incurred on a reasonable basis; or

 


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ê1967 Statutes of Nevada, Page 1683 (Chapter 542, SB 408)ê

 

other securities, or other obligations to be incurred on a reasonable basis; or

      (f) The facility and service standards of the proposed district are incompatible with the facility and service standards of adjacent municipalities and special districts.

      2.  Each such board of county commissioners may conditionally approve the service plan of a proposed district upon satisfactory evidence that it does to contravene any of the criteria enumerated in subsection 1. Final approval shall be contingent upon modification of the service plan to include such changes or additional information as shall be specifically stated in the findings of the board of county commissioners.

      3.  The findings of the board of county commissioners shall be based solely upon the service plan and evidence presented at the hearing by the petitioners, the planning commission and any interested party.

      Sec.9.  1.  The petitioners of a proposed special district shall file a service plan with the board of county commissioners of each county in which the district is located wholly or in part prior to a filing of a petition for the formation of the proposed special district with any board of county commissioners. Such service plan shall be filed with the county clerk at least 10 days prior to a regular meeting of the board of county commissioners. At the next regular meeting of the board of county commissioners immediately following the filing of a service plan with the county clerk, the board of county commissioners shall set a date for a public hearing on the service plan of the proposed district, which hearing date shall be within 30 days thereafter.

      2.  The board of county commissioners shall provide written notice of the date, time and location of the hearing to:

      (a) The petitioners;

      (b) The county clerk of each other county in which the district is to be located, if any; and

      (c) The governing body of any existing city, town or special district which has levied a general (ad valorem) property tax within the next preceding tax year and which as boundaries within a radius of 3 miles of the proposed district, which governmental units shall be interested parties for the purposes of the Special District Control Law.

      3.  The board of county commissioners shall publish legal notice of the date, time, location and purposes of such hearing in a newspaper of general circulation within the county once each week for a period of 3 successive weeks by three publications, the first of which shall be at least 20 days prior to the hearing date. Such publications shall constitute constructive notice to the residents and property owners within the proposed district who shall also be interested parties at the hearing.

      4.  If there is a county planning commission or a regional county planning commission, the service plan submitted by the petitioners for the formation of the proposed district shall be delivered by the county clerk to each such planning commission. Each such county planning commission or regional county planning commission shall study such service plan and a representative thereof shall present its recommendations consistent with the Special District Control Law to the board of county commissioners at the hearing.


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ê1967 Statutes of Nevada, Page 1684 (Chapter 542, SB 408)ê

 

      5.  The hearing held by the board of county commissioners shall be open to the public and an transcript of proceedings shall be made. All interested parties as defined in this section shall be afforded an opportunity to be heard under such rules of procedure as may be established by the board of county commissioners. Any testimony or evidence which in the discretion of the board of county commissioners is relevant to the formation of the proposed district shall be considered.

      6.  Within 20 days after the completion of the hearing, the board of county commissioners shall advise in writing the petitioners for the formation of the proposed special district of its action on the service plan. If the service plan is approved as submitted, a resolution of approval shall be issued to the petitioners. If the service plan is disapproved, the specific detailed reasons for such disapproval shall be set forth in writing. If the service plan is conditionally approved, the changes or modifications to be made in, or additional information relating to, the service plan together with the reasons for such changes, modifications or additional information shall also be set forth in writing, and the proceeding shall be continued until such changes, modifications or additional information are incorporated in the service plan. Upon the incorporation of such changes, modifications, or additional information in the service plan of the proposed district, the board of county commissioners shall issue a resolution of approval to the petitioners.

      Sec.10.  1.  Except as otherwise subsequently provided in this section, no petition for the formation of a special district shall be approved by any board of county commissioners without the resolution of approval and the service plan required by the Special District Control Law. The approved service plan and the resolution of approval required by that law shall be incorporated by reference in the ordinance organizing the district after there has been a compliance with all other legal procedures for the formation of the proposed district. If the petitioners for the formation of a proposed special district fail to secure such resolution of approval from any board of county commissioners, which action on the part of such board of county commissioners is determined by any district court in this state for any county in which the district is located to be arbitrary, capricious or unreasonable, the court may order the formation of such district by the board of county commissioners of the county vested with jurisdiction as provided in NRS 318.050 without such resolution of approval; but the petitioners shall file with the court an acceptable service plan in accordance with the provisions of the Special District Control Law, which shall be approved by the court and incorporated by reference in and appended to the order of the court providing for the organization of the district after there has been a compliance with all other legal procedures for the formation of the proposed district. If the service plan is approved by the board of county commissioners, any interested party as defined in subsection 2 of section 9, if such party had appeared and presented his objections before the board of county commissioners, shall have the right to appear and be heard at the hearing of the board of county commissioners so vested with jurisdiction on the petition for the organization of the district, and the district court may dismiss any pending legal proceedings contesting the failure of any board of county commissioners to approve a service plan upon a determination that the decision of the board of county commissioners was not arbitrary, capricious or unreasonable.


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ê1967 Statutes of Nevada, Page 1685 (Chapter 542, SB 408)ê

 

that the decision of the board of county commissioners was not arbitrary, capricious or unreasonable.

      2.  Upon final approval by a board of county commissioners for the formation of the special district, the facilities, services and financial arrangements of the district shall conform so far as practicable to the approved service plan.

      3.  After the organization of a special district pursuant to the provisions of this chapter, material modifications of the service plan as originally approved may be made by the board of such special district only by petition to and approval by the board of county commissioners of each county in which the district is located in substantially the same manner as is provided for the approval of an original service plan, except that the processing fee for such modification procedure shall not exceed $100. Such modifications shall be required only with regard to changes of a basic or essential nature and shall not be required for changes of a mechanical type necessary only for the execution of the original service plan.

      4.  A copy of the plans, specifications and contract for the acquisition of each project or improvement by a special district after its organization shall be filed with the county planning commission or regional planning commission if one exists or with the board of county commissioners if no such planning commission exists. Such plans, specifications and contracts, when filed, are available for public inspection.

      5.  Any unreasonable departure from the service plan as originally approved, or, if the same has been modified, then from the service plan as modified, may be enjoined at any time by a district court upon motion of any board of county commissioners from which a resolution of approval is required by the Special District Control Law, or upon the motion of any interested party as defined in subsection 2 of section 9.

      Sec.11.  NRS 318.050 is hereby amended to read as follows:

      318.050  1.  Except as otherwise provided in this chapter, the board of county commissioners of any county within this state is hereby vested with jurisdiction, power and authority to create districts within the county which it serves.

      2.  No member of a board of county commissioners or board of trustees shall be disqualified to perform any duty imposed by this chapter by reason of ownership of property within any proposed district.

      3.  If the boundaries of a proposed district include territory within two or more counties, the board of county commissioners of the county in which is located the larger or largest proportion of the area of the proposed district has the jurisdiction, power and authority to create the district, to broaden its basic powers and otherwise to supervise the district as provided in this chapter.

      Sec. 12.  NRS 318.055 is hereby amended to read as follows:

      318.055  1.  The organization of a district, except as otherwise provided in this chapter, shall be initiated by the adoption of an ordinance by the board of county commissioners, which ordinance is in this chapter sometimes designated the “initiating ordinance.” No initiating ordinance may be adopted by the board of county commissioners if the proposed district includes lands within 7 miles from the boundary of an incorporated city or unincorporated town unless [a] :


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ê1967 Statutes of Nevada, Page 1686 (Chapter 542, SB 408)ê

 

      (a) All members of the board of county commissioners unanimously vote for the organization of a district with boundaries which contravene such 7-mile limitation; or

      (b) A petition for annexation to or inclusion within such incorporated city or unincorporated town of such lands has first been filed with the governing body of such incorporated city or unincorporated town pursuant to law and the governing body thereof has refused to annex or include such lands and has entered the fact of such refusal in tis minutes [.

      2.] ; or

      (c) No part of the area within the district is eligible for inclusion in a petition for such an annexation.

      2.  Except as is otherwise provided in this chapter, a district may be entirely within or entirely without, or partly within and partly without, one or more municipalities or counties, and the district may consist of noncontiguous tracts or parcels of property.

      3.  The initiating ordinance shall set forth:

      (a) The name of the proposed district, consisting of a chosen name preceding the word “District,” or, if the organizational proceedings authorize the district to exercise more than one basic power, the words “General Improvement District.” If a district’s name as provided in the organizational proceedings does not include the words “General Improvement,” and if subsequently and additional basic power is granted to the district pursuant to NRS 318.077, the board of county commissioners may but is not required to redesignate the district with a chosen name preceding the words “General Improvement District.”

      (b) A statement of the [general purposes] basic power or basic powers for which the district is proposed to be created (for instance, by way of illustration, “for paving, curb and gutters, sidewalks, storm drainage and sanitary sewer improvements within the district”). The [purpose or purposes] basic power or basic powers stated in the initiating ordinance shall be any or all of those authorized in sections 24 to 29, inclusive, of this act and in NRS 318.120 to [318.145,] 318.144, inclusive, or any part or parts thereof.

      (c) A statement that the ordinance creating such district will be based on the board’s finding:

             (1) That the public convenience and necessity require the creation of such district; and

             (2) That the creation of such district is economically sound and feasible.

      (d) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the district.

      (e) The place and time for the hearing on the creation of the district.

      4.  The provisions of subsections 1 and 3 of this section are subject to the exception that any owner of property to be located within a district may petition a board of county commissioners vested with jurisdiction as provided in NRS 318.050 for the organization of the district, subject to the provisions of the Special District Control Law.

      5.  The petition shall set forth:

      (a) The name of the proposed district consisting of a chosen name preceding the word “District,” or, if the district is to exercise more than one basic power, the words “General Improvement District”;

 


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ê1967 Statutes of Nevada, Page 1687 (Chapter 542, SB 408)ê

 

preceding the word “District,” or, if the district is to exercise more than one basic power, the words “General Improvement District”;

      (b) A statement of the basic purpose or basic purposes which the district may exercise and a general description of any improvements to be constructed or installed for the district, or of any services to be furnished by the district, or of both such improvements and such services;

      (c) The estimated cost of the proposed improvements, if any;

      (d) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the district; and

      (e) A prayer for the organization of the district.

      6.  The board of county commissioners, in connection with any such petition, may:

      (a) Adopt an initiating ordinance in conformance with the organizational petition, or such an ordinance which conforms only in part with the organizational petition; or

      (b) Adopt a resolution conditionally approving the organizational petition and subject to the submission of additional information relating to, or modification of, the proposed district, as the board of county commissioners may provide.

      7.  The board of county commissioners may determine not to organize the district only as provided in NRS 318.060 to 318.070, inclusive.

      Sec.13.  NRS 318.077 is hereby amended to read as follows:

      318.077  The board may elect to add basic powers not provided in its formation, in which event the board shall cause proceedings to be had by the board of county commissioners similar, as nearly as may be, to those provided for the formation of the district, and with like effect. The board shall obtain in connection with each such additional basic power a modified service plan for the district in a manner like that provided for an initial service plan required of a petitioner for the organization of a district in the Special District Control Law.

      Sec.14.  NRS 318.080 is hereby amended to read as follows:

      318.080  1.  [The] Except as provided in subsection 3, the board of county commissioners shall, in the ordinance creating the district, appoint five taxpaying electors of the district to serve as the first board of trustees of the district and shall specify therein the terms of office to the 1st Monday in January next following the respective election dates provided in NRS 318.095.

      2.  The members of the board of trustees shall qualify by filing with the county clerk their oaths of office and corporate surety bonds, at the expense of the district, the bonds to be in an amount not [less] more than $10,000 each, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of their duties as trustees. The board of county commissioners may from time to time, upon good cause shown, increase or decrease the amount of the bond.

      3.  The board of county commissioners may appoint as one of the five initial trustees as provided by subsection 1 the district attorney for the county or a deputy district attorney on his staff. Such appointee need not be a taxpaying elector of the district, but no such attorney shall be qualified for appointment to fill any vacancy on the board pursuant to NRS 318.090 nor qualified as a candidate for election to the board at any biennial election pursuant to NRS 318.095 unless he is a taxpaying elector of the district.


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ê1967 Statutes of Nevada, Page 1688 (Chapter 542, SB 408)ê

 

NRS 318.090 nor qualified as a candidate for election to the board at any biennial election pursuant to NRS 318.095 unless he is a taxpaying elector of the district.

      4.  The board of county commissioners of the county vested with jurisdiction pursuant to NRS 318.050 shall have the power to remove any trustee for cause shown, on petition, hearing and notice thereof by publication and by mail addressed to the trustee.

      Sec.14.5.  NRS 318.085 is hereby amended to read as follows:

      318.085  1.  After taking oaths and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person.

      2.  The board shall adopt a seal.

      3.  The secretary shall keep, in a well-bound book, a record of all of the board’s proceedings, minutes of all meetings, certificates, contracts, bonds given by employees, and all corporate acts, which book shall be open to inspection of all owners of real property in the district as well as to all other interested persons.

      4.  The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records. He shall file with the county clerk, at the expense of the district, a corporate surety bond in an amount not [less] more than $50,000, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of the duties of his office. Any other officer or trustee who actually receives or disburses money of the district shall furnish a bond as provided in this subsection. The board of county commissioners may from time to time, upon good cause shown, increase or decrease the amount of such bond.

      5.  No member of the board shall receive compensation for his services.

      Sec.15.  NRS 318.090 is hereby amended to read as follows:

      318.090  1. The board shall, by resolution, designate the place where the office or principal place of the district shall be located, which shall be within the corporate limits of the district, and which may be changed by resolution of the board from time to time. Copies of all such resolutions shall be filed with the county clerk or clerks of the county or counties wherein the district is located within 5 days following their adoption. The official records and files of the district shall be kept at the office so established and shall be open to public inspection as provided in NRS 239.010.

      2.  The board of trustees shall meet regularly at least once each year, and at such other time or times [and at such regular meeting place within the district as it shall by resolution determine.

      2.] at the office or principal place of the district as provided in the bylaws.

      3.  Special meetings may be held on notice to each member of the board as often as, and at such place or places within the district as, the needs of the district require.


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ê1967 Statutes of Nevada, Page 1689 (Chapter 542, SB 408)ê

 

      [3.] 4.  Three members of the board shall constitute a quorum at any meeting.

      [4.] 5.  Any vacancy on the board shall be filled by a taxpaying elector of the district chosen by the remaining members or member of the board, the appointee to act until a successor in office qualifies as a trustee by taking an oath and causing it and a bond to be filed as provided in NRS 318.080 on or after the 1st Monday in January next following the next biennial election, [when] held in accordance with NRS 318.095, at which election the vacancy shall be filled by election [.] if the term of office extends beyond such 1st Monday in January next following the election. Nominations of taxpaying electors of the district as candidates to fill such unexpired terms of 2 years may be made the same as nominations for regular terms of 4 years, as provided in NRS 318.095. If the board fails, neglects or refuses to fill any vacancy within 30 days after the same occurs, the board of county commissioners shall fill such vacancy.

      6.  Each term of office of 4 years shall terminate on the 1st Monday in January next following the general election at which a successor in office is elected, as provided in NRS 318.095, and the successor’s term of office shall then commence or as soon thereafter as the successor qualifies as a trustee by taking an oath and causing it and a bond to be filed as provided in NRS 318.080, subject to the provisions in this chapter for initial appointments to a board, for appointments to fill vacancies of unexpired terms, and for the reorganizations of districts under this chapter which were organized under other chapters of NRS.

      Sec.16.  NRS 318.095 is hereby amended to read as follows:

      318.095  1.  There shall be held in conjunction with the first general election in the county after the creation of the district and in conjunction with every general election thereafter an election to be known as the biennial election of the district.

      2.  At the [first] 1st biennial election in any district organized [after March 30, 1959,] or reorganized and operating under this chapter, and each fourth year thereafter, there shall be elected by the [taxpaying] qualified electors of the district two taxpaying electors as members of the board to serve for terms of 4 years; at the second biennial election and each fourth year thereafter, there shall be so elected three taxpaying electors as members of the board to serve for terms of 4 years.

      3.  No later than 60 days before any such election, nominations may be filed with the secretary of the board, who shall, not later than 30 days before any such election, certify such nominations to the county clerk [.] of each county in which the district is located. If a nominee does not withdraw his name before the secretary certifies the nominations to the county clerk, his name shall be placed on the ballot. Nomination shall not be a prerequisite to election. The secretary of the district shall give notice of election by publication, and shall arrange such other details in connection therewith as the board may direct. The returns of the election shall be certified to and shall be canvassed as provided by the general law concerning elections. The candidates receiving the most votes shall be elected.

      4.  Any new member of the board shall qualify in the same manner as members of the first board qualify.


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ê1967 Statutes of Nevada, Page 1690 (Chapter 542, SB 408)ê

 

      Sec.17.  Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 18 to 21, inclusive, of this act.

      Sec.18.  1.  Each trustee elected at any biennial election shall be chosen by a plurality of the qualified electors of the district voting on the candidates for the vacancies to be filled.

      2.  If there are two regular terms which end on the 1st Monday next following the biennial election, the two taxpaying electors receiving the highest and next highest number of votes shall respectively be elected. If there are three regular terms so ending, the three taxpaying electors receiving the highest, next highest and third highest number of votes shall respectively be elected.

      3.  If there is a vacancy in an unexpired regular term to be filled at the biennial election, as provided in subsection 4 of NRS 318.090, the candidate who receives the highest number of votes, after there are chosen the successful candidates to fill the vacancies in expired regular terms as provided in subsection 2, shall be elected.

      Sec.19.  1.  Notwithstanding the provisions of section 18 of this act, trustees may be elected in the alternate manner hereafter provided in this section from district trustee election areas.

      2.  Within 30 days prior to May 1 of any year in which a general election is to be held in the state, 10 percent or more of the registered voters of a district may file a written petition with the board of county commissioners of the county vested with jurisdiction under NRS 318.050 praying for the creation of district trustee election areas within the district in the manner provided in this section. The petition shall specify with particularity the five district trustee election areas proposed to be created. The description of the proposed district trustee election areas need not be given by metes and bounds or by legal subdivisions, but shall be sufficient to enable a person to ascertain what territory is proposed to be included within a particular district trustee election area. The signatures to the petition need not all be appended to one paper, but each signer must add to his name his place of residence, giving the street and number whenever practicable. One of the singers of each paper shall make oath, before an officer competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.

      3.  Immediately after the receipt of the petition, the board of county commissioners shall fix a date for a public hearing to be held during the month of May, and shall give notice thereof by publication at least once in a newspaper published in the county, or if no such newspaper is published therein then in a newspaper published in the State of Nevada and having a general circulation in the county. The costs of publication of such notice shall be a proper charge against the district fund.

      4.  If, as a result of the public hearing, the board of county commissioners finds that the creation of district trustee election areas within the district is desirable, the board of county commissioners shall, by resolution regularly adopted prior to June 1, divide the district into the district trustee election areas specified in the petition, designate them by number and define their boundaries. The territory comprising each district trustee election area shall be contiguous. One trustee shall be elected from each district trustee election area by a majority of the qualified electors voting on the candidates for any vacancy for such area as provided in subsection 7.


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ê1967 Statutes of Nevada, Page 1691 (Chapter 542, SB 408)ê

 

voting on the candidates for any vacancy for such area as provided in subsection 7.

      5.  Prior to June 1 and immediately following the adoption of the resolution creating district trustee election areas within a district, the clerk of the board of county commissioners shall transmit a certified copy of the resolution to the secretary of the district.

      6.  Upon the creation of district trustee election areas within a district the terms of office of all trustees then in office shall expire on the 1st Monday of January thereafter next following a biennial election. At the biennial election held following the creation of district trustee election areas within a district, district trustees to represent the odd-numbered district trustee election areas shall be elected for terms of 4 years and district trustees to represent the even-numbered district trustee election areas shall be elected for terms of 2 years. Thereafter, at each biennial election, the offices of trustees shall be filled for terms of 4 years in the order in which the terms of office expire.

      7.  Candidates for election as a trustee representing any district trustee election area shall be elected only by those qualified electors of the district residing in the district trustee election area and by such nonresident electors of the district who or whose respective spouses are obligated to pay general (ad valorem) property taxes as an owner or contract purchaser of property located in such district trustee election area. No taxpaying elector shall be entitled to vote in more than one district trustee election area at any one time, nor may a nonresident qualified elector of the district change the district trustee election area in connection with which he may vote unless neither he nor his spouse is any longer so obligated to pay taxes on property located therein.

      8.  A candidate for the office of trustee of a district in which district trustee election areas have been created shall be a taxpaying elector of the district and shall be a resident of the district trustee election area which he seeks to represent, or, if he is an nonresident of the district, he or his spouse shall be obligated to pay general (ad valorem) property taxes as an owner or contract purchaser of property located in such district trustee election area and is entitled to vote therein.

      9.  District trustee election areas may be altered or abolished in the same manner as herein provided for the creation of district trustee election areas and the election of trustees therefor.

      Sec.20.  1.  In every county having a population of 120,000 or more, as shown by the most recent decennial census of the Bureau of the Census of the United States Department of Commerce, the board of county commissioners shall be, ex officio, the board of trustees of each district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing sanitary sewer facilities as provided in NRS 318.140 or, prior to the effective date of this act, in chapter 311 of NRS, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter.

      2.  When the board of trustees of any district is so constituted, the following special provisions shall apply and supersede the corresponding provisions of NRS 318.080 to 318.095, inclusive:


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ê1967 Statutes of Nevada, Page 1692 (Chapter 542, SB 408)ê

 

      (a) The members need not file the oath of office or bond required by NRS 318.080.

      (b) The members of the board of county commissioners shall receive no additional compensation as trustees of the district.

      (c) The chairman of the board of county commissioners shall be chairman of the board and president of the district.

      (d) The secretary and treasurer of the district shall not be members of the board of county commissioners. The board may designate the county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of such offices. No additional bond may be required of the county treasurer as ex officio district treasurer.

      (e) No member of the board of county commissioners may be removed from the office of trustee under the authority of subsection 4 of NRS 318.080, but any such member shall be automatically removed from such office upon his removal from the office of county commissioner in the manner provided by law.

      Sec.21.  1.  The governing body of any district organized or reorganized under and operating as provided in any chapter in Title 25 of NRS, excluding chapters 309, 315 and 318 of NRS, shall be designated a board of trustees and shall reorganize as provided in this section so that after the transitional period the board shall consist of five taxpaying electors from time to time chosen as provided in NRS 318.095 and other provisions of this chapter supplemental thereto.

      2.  No existing member of any such governing body shall be required to resign from the board before the termination of his current term of office in the absence of any disqualification as a member of the governing body under such chapter in Title 25 of NRS, excluding chapters 309, 315 and 318 of NRS. If a regular term of office of any member of any such governing body would terminate on other than the 1st Monday of January next following a biennial election in the absence of the adoption of this law, such term shall be extended to and terminate on the 1st Monday in January next following a biennial election and following such date on which such term would have ended.

      3.  If the members of any such governing body at any time number less than five, the number of trustees shall be increased to five by appointment, or by both appointment and election, as provided in NRS 318.090, 318.095 and section 18 of this act.

      4.  In no event shall any successor trustee be elected or appointed to fill any purported vacancy in any unexpired term or in any regular term which successor will increase the trustees on a board to a number exceeding five nor which will result in less than two regular terms of office or more than three regular terms of office ending on the 1st Monday in January next following any biennial election.

      5.  Nothing in this section shall:

      (a) Prevent the reorganization of a board by division of the district into district trustee election districts pursuant to section 19 of this act.

      (b) Supersede the provisions of section 20 of this act.

      Sec. 22.  NRS 318.100 is hereby amended to read as follows:

      318.100  1.  For and on behalf of the district the board shall have [the powers enumerated in this chapter.


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ê1967 Statutes of Nevada, Page 1693 (Chapter 542, SB 408)ê

 

[the powers enumerated in this chapter. The board may acquire or construct any improvement and finance the costs thereof] each of the basic powers enumerated in this chapter and designated in the organizational proceedings of the district and in any reorganizational proceedings of the district taken pursuant to NRS 318.077 and other provisions supplemental thereto in this chapter, or otherwise authorized by law. Except as otherwise provided in this chapter the board may construct or otherwise acquire any improvement appertaining to any such basic power which the district may exercise and may finance the costs of any such improvement by any of the procedures provided in this chapter. When it is proposed to construct an improvement the work shall be performed as provided in this chapter.

      2.  The district may also furnish services pertaining to any such basic power which the district may exercise.

      Sec.23.  Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 24 to 29, inclusive, of this act.

      Sec.24.  Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by law:

      1.  Furnishing electric light and power, as provided in section 25 of this act;

      2.  Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as provided in section 26 of this act;

      3.  Furnishing public cemetery facilities, as provided in section 27 of this act;

      4.  Furnishing swimming pool facilities, as provided in section 28 of this act;

      5.  Furnishing television facilities, as provided in section 29 of this act;

      6.  Furnishing street and alley facilities, as provided in NRS 318.120;

      7.  Furnishing curb, gutter and sidewalk facilities, as provided in NRS 318.125;

      8.  Furnishing sidewalk facilities, as provided in NRS 318.130;

      9.  Furnishing storm drainage facilities, as provided in NRS 318.135;

      10.  Furnishing sanitary sewer facilities, as provided in NRS 318.140;

      11.  Furnishing street lighting facilities, as provided in NRS 318.141;

      12.  Furnishing garbage and refuse collection and disposal facilities, as provided in NRS 318.142;

      13.  Furnishing recreation facilities, as provided in NRS 318.143; and

      14.  Furnishing water facilities, as provided in NRS 318.144.

      Sec.25.  In the case of a district created wholly or in part for acquiring electric light and power improvements, the board shall have the power:

      1.  To acquire, either by purchase, condemnation or other legal means, all lands, rights and other property necessary for the construction, use and supply, operation, maintenance, repair and improvement of the works of the district, including without limitation the plant, works, system, facilities or properties, together with all parts thereof, the appurtenances thereto, including contract rights, used and useful primarily for the production, transmission or distribution of electric energy to or for the public for any purpose, works constructed and being constructed by private owners, and all other works and appurtenances, either within or without the State of Nevada.


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ê1967 Statutes of Nevada, Page 1694 (Chapter 542, SB 408)ê

 

including contract rights, used and useful primarily for the production, transmission or distribution of electric energy to or for the public for any purpose, works constructed and being constructed by private owners, and all other works and appurtenances, either within or without the State of Nevada.

      2.  To furnish, deliver and sell to the public, and to any municipality and to the state and any public institution, heat, light and power service and any other service, commodity or facility which may be produced or furnished in connection therewith.

      Sec.26.  1.  In the case of a district created wholly or in part for exterminating and abating mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, the board shall have the power:

      (a) To take all necessary or proper steps for the extermination of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica either in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica from such territory migrate or are caused to be carried into the district;

      (b) Subject to the paramount control of any county or city in which the district has jurisdiction, to abate as nuisances all stagnant pools of water and other breeding places for mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica either in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica from such territory migrate or are caused to be carried into the district;

      (c) If necessary or proper, in the furtherance of the objects of this chapter, to build, construct, repair and maintain necessary dikes, levees, cuts, canals or ditches upon any land, and to acquire by purchase, condemnation or by other lawful means, in the name of the district, any lands, rights-of-way, easements, property or material necessary for any of those purposes;

      (d) To make contracts to indemnify or compensate any owner of land or other property for any injury or damage necessarily caused by the use or taking of property for dikes, levees, cuts, canals or ditches;

      (e) To enter upon without hindrance any lands, within or without the district, for the purpose of inspection to ascertain whether breeding places of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica upon such lands;

      (f) To abate public nuisances in accordance with this chapter;

      (g) To ascertain if there has been a compliance with notices to abate the breeding of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica upon such lands;

      (h) To treat with oil, other larvicidal material, or other chemicals or other material any breeding places of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica upon such lands; and

      (i) To sell or lease any land, rights-of-way, easements, property or material acquired by the district; and to sell real property pursuant to this subsection to the highest bidder at public auction after 5 days’ notice given by publication.

      2.  In connection with the basic power stated in this section, the district shall have the power:


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ê1967 Statutes of Nevada, Page 1695 (Chapter 542, SB 408)ê

 

      (a) To levy annually a general (ad valorem) property tax of not exceeding:

             (1) Fifteen cents on each $100 of assessed valuation of taxable property; or

             (2) Twenty cents on each $100 of assessed valuation of taxable property if the board of county commissioners of each county in which the district is located approves such a tax in excess of 15 cents on each $100 of assessed valuation of taxable property.

      (b) To levy a tax in addition to a tax authorized in paragraph (a), if such additional tax is authorized by the qualified electors of the district, as provided in subsections 4 to 6, inclusive.

      3.  The proceeds of any tax levied pursuant to the provisions of this section shall be used for the purposes pertaining to the basic purpose stated in this section, including without limitation the establishment and maintenance of:

      (a) A cash-basis fund of not exceeding in any fiscal year 60 percent of the estimated expenditures for the fiscal year to defray expenses between the beginning of the fiscal year and the respective times tax proceeds are received in the fiscal year; and

      (b) An emergency fund of not exceeding in any fiscal year 25 percent of the estimated expenditures for the fiscal year to defray unusual and unanticipated expenses incurred during epidemics or threatened epidemics from diseases from sources which the district may exterminate or abate.

      4.  Whenever it appears to the board of a district authorized to exercise the basic power stated in subsection 1 that the amount of funds required during an ensuing fiscal year will exceed the amount that can be raised by a levy permitted by paragraph (a) of subsection 2, the board may:

      (a) Call an election to submit to the qualified electors of the district a question of whether a tax shall be voted for raising the additional funds;

      (b) Provide the form of the ballot for the election, which ballot shall contain the words “Shall the district vote a tax to raise the additional sum of ............?” or words equivalent thereto;

      (c) Provide the form of the notice of the election and provide for such notice to be given by publication; and

      (d) Arrange other details in connection with the election.

      5.  Except as otherwise provided in this chapter;

      (a) The secretary of the district shall give notice of the election by publication and shall arrange such other details in connection with the election as the board may direct;

      (b) The election board officers shall conduct the election in the manner prescribed by law for the holding of general elections and shall make their returns to the secretary of the district; and

      (c) The board shall canvass the returns of the election at any regular or special meeting held within 5 days following the date of the election, or at such time as the returns are available for canvass, and shall declare the results of the election.

      6.  If a majority of the qualified electors of the district who voted on any proposition authorizing such additional tax voted in favor of such proposition, and the board so declares the result of the election:


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

ê1967 Statutes of Nevada, Page 1696 (Chapter 542, SB 408)ê

 

      (a) The district board shall report the result to the board of county commissioners of the county in which the district is situated, stating the additional amount of money required to be raised. If the district is in more than one county the additional amount shall be prorated for each county by the district board in the same way that the district’s original total estimate of funds is prorated, and the district board shall furnish the board of county commissioners and auditor of each county a written statement of the apportionment for that county; and

      (b) The board of county commissioners of each county receiving the written statement shall, at the time of levying county taxes, levy an additional tax upon all the taxable property of the district in the county sufficient to raise the amount apportioned to that county for the district.

      7.  The district shall not have the power in connection with the basic power stated in subsection 1:

      (a) To borrow money except for temporary loans pursuant to chapter 354 of NRS;

      (b) To levy special assessments; nor

      (c) To fix any rates, fees or other charges except as otherwise provided in this section.

      8.  The district may determine to cause an owner of any real property to abate any nuisance pertaining to the basic power stated in this section, after a hearing on a proposal for such abatement and notice thereof by mail addressed to the last-known owner or owners of record at his or their last-known address or addresses, as ascertained from any source the board deems reliable, or in the absence of such abatement within a reasonable period of time fixed by the board, to cause the district to abate such nuisance, as follows:

      (a) At the hearing the district board shall redetermine whether or not the owner shall abate the nuisance and prevent its recurrence, and shall specify a time within which the work shall be completed;

      (b) If the nuisance is not abated within the time specified in the notice or at the hearing, the district board shall abate the nuisance by destroying the larvae or pupae, or otherwise, by taking appropriate measures to prevent the recurrence of further breeding;

      (c) The cost of abatement shall be repaid to the district by the owner;

      (d) All sums expended by the district in abating a nuisance or preventing its recurrence are a lien upon the property on which the nuisance is abated or its recurrence prevented;

      (e) Notice of the lien shall be filed and recorded by the district board in the office of the county recorder of the county in which the property is situated within 6 months after the first item of expenditure by the board;

      (f) An action to foreclose the lien shall be commenced within 6 months after the filing and recording of the notice of lien;

      (g) The action shall be brought by the district board in the name of the district;

      (h) When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure shall be paid to the district; and the surplus, if any, shall be paid to the owner of the property if known, and if not known, shall be paid into the court in which the lien was foreclosed for the use of the owner when ascertained; and


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

ê1967 Statutes of Nevada, Page 1697 (Chapter 542, SB 408)ê

 

      (i) The lien provisions of this section do not apply to the property of any county, city, district or other public corporation; but the governing body of the county, city, district or other public corporation shall repay to any district exercising the basic power stated in subsection 1 the amount expended by the district upon any of its property under this chapter upon presentation by the district board of a verified claim or bill.

      Sec.27.  In the case of a district created wholly or in part for acquiring public cemetery improvements, the board shall have the power to:

      1.  Maintain a cemetery for the use of all inhabitants of the district, and for that purpose shall be capable of holding title to property in trust for the district.

      2.  Levy annually, except for the payment of any outstanding general obligation bonds of the district, a general (ad valorem) property tax of not exceeding 2 mills on each dollar of assessed valuation of taxable property, for purposes pertaining to the basic purpose stated in this section.

      3.  Levy annually such a tax fully sufficient to pay the principal of, interest on and any prior redemption premium due in connection with any outstanding general obligation bonds pertaining to the basic purpose stated in this section.

      4.  The district shall not have the power in connection with the basic power stated in this section to:

      (a) Levy special assessments;

      (b) Fix any rates, fees or other charges except as otherwise provided in this section; or

      (c) Borrow money which loan is evidenced by the issuance of any revenue bonds, special assessment bonds or other special obligations of the district.

      Sec.28.  1.  In the case of a district created wholly or in part for acquiring swimming pool improvements, the board shall have power to acquire real property swimming pool improvements, appurtenant shower, locker and other bathhouse facilities, and lighting, filtration and other equipment pertaining thereto.

      2.  The district shall not have the power in connection with the basic power stated in this section to:

      (a) Levy special assessments; nor

      (b) Borrow money which loan is evidenced by the issuance of any special assessment bonds or other special obligations payable from special assessments.

      Sec.29.  In the case of a district created wholly or in part for acquiring television maintenance facilities, the board shall have power to:

      1.  Acquire television broadcast, transmission and relay improvements.

      2.  Levy special assessments against specially benefited real property on which is located television receivers operated within the district and able to receive television broadcasts supplied by the district.

      3.  Fix tolls, rates and other service or use charges for services furnished by the district or facilities of the district, including without limitation any one, all or any combination of the following:

      (a) Flat rate charges;


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

ê1967 Statutes of Nevada, Page 1698 (Chapter 542, SB 408)ê

 

      (b) Charges classified by the number of receivers;

      (c) Charges classified by the value of property served by television receivers;

      (d) Charges classified by the character of the property served by television receivers;

      (e) Minimum charges;

      (f) Standby charges; or

      (g) Other charges based on the availability of service.

      4.  The district shall not have the power in connection with the basic power stated in this section to:

      (a) Levy general (ad valorem) property taxes; nor

      (b) Borrow money which loan is evidenced by the issuance of any general obligation bonds or other general obligations of the district.

      Sec.30.  NRS 318.145 is hereby amendment to read as follows:

      318.145  The board shall have the power to operate, maintain and repair the improvements acquired by the district [.] , including without limitation the maintenance and repair of dedicated streets and alleys and the removal of snow therefrom, and all facilities of the district relating to any basic power which the district is authorized to exercise, and in connection therewith to exercise from time to time any one, all or any combination of the incidental powers provided in this chapter and any law supplemental thereto, except as may be otherwise provided in this chapter or in any such supplemental law.

      Sec.31.  NRS 318.150 is hereby amended to read as follows:

      318.150  1.  Except as otherwise provided in this chapter, the board shall have the power to enter into contracts and agreements affecting the affairs of the district, including but not limited to contracts with the United States of America and any of its agencies or instrumentalities and contracts with any municipality or district for the operation of a common or jointly owned project.

      2.  Any improvement or improvements of any nature made in any district where the entire cost, value or amount of such work, including labor and materials, exceed $5,000, except by labor or supplies and materials, or all of such, supplied under agreement with the United States of America, the State of Nevada, or any federal or state agency, instrumentality or corporation, or other political subdivision, shall be done only under independent contract to be entered into by the district with the lowest responsible bidder submitting the lowest and best bid upon proper terms after due public notice by publication has been given asking for competitive bids. The board shall have the right to reject any and all bids and to waive any irregularity in any bid. The requirement of public notice and competitive bidding may be waived, with the permission of the board of county commissioners, upon application in writing signed by the owners of property in the district whose aggregate value is 75 percent or more of the total assessed value of taxable property in the district. Any contract may be let on a lump sum or unit basis. No contract shall be entered into for work where the value of the work exceeds $2,000 unless the contractor furnished to the board a performance bond and a payment bond as provided in NRS 339.025 [.] , but each such performance bond and each such payment bond shall be for 100 percent of the contract amount. Upon default in the performance of any contract, the proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recover any excess cost by suit on the performance bond, or otherwise.


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

ê1967 Statutes of Nevada, Page 1699 (Chapter 542, SB 408)ê

 

proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recover any excess cost by suit on the performance bond, or otherwise.

      3.  All supplies and materials purchased by the board for any district (but not by a contractor) costing $500 or more shall be purchased only after notice by publication for competitive bids. The board shall accept the lowest bid, kind, quality and material being equal, but the board shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid. The provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturer’s authorized dealer.

      Sec. 32.  NRS 318.170 is hereby amended to read as follows;

      318.170  1.  The board shall have the power [to consult] , in connection with a district with basic powers relating to storm drainage facilities, sanitary sewer facilities, refuse collection and disposal facilities, and water facilities, or any combination thereof, to:

      (a) Consult with the health division of the department of health and welfare about any system or proposed system of drainage or sewage or garbage and other refuse collection and disposal as to the best method of disposing of the district’s drainage or sewage or garbage and other refuse with reference to the existing and future needs of other cities, towns, districts or other persons which may be affected thereby, and to submit to the health division for its advice and approval the district’s proposed system of drainage or sewage [.] or garbage and other refuse, including without limitation both liquid wastes and solid wastes.

      (b) Compel all owners of inhabited property in the district to use the district’s system for the collection and disposal of sewage, garbage and other refuse, either as to liquid wastes, or solid wastes, or both liquid wastes and solid wastes, by collection with the district’s sewer system or otherwise, except for industrial property for which arrangements have been made with local health authorities for the disposal of such wastes, subject to the provisions of paragraph (c).

      (c) Cause a connection to such a system if a service line is brought by the district to a point within 400 feet of his dwelling place, and upon a failure of a property owner so to connect within 60 days after such written mailed notice by the board, to cause such connection to be made by other than an owner.

      (d) Cause a lien to be filed against the property for expense incurred in making such a connection by other than an owner.

      (e) Make and enforce all necessary and proper regulations for the removal of sewage, garbage or other refuse, and for the proper use of water within any such district.

      (f) Make all other sanitary regulations not in conflict with the constitution or laws of this state, and to provide that any violation of any such regulations or ordinances shall be a misdemeanor punishable by a fine not to exceed $100 or by imprisonment not to exceed 1 month, or by both such fine and imprisonment.

      2.  No district shall proceed to acquire or improve any system of water supply, drainage or sewage disposal or garbage and other refuse collection and disposal without first obtaining the approval of the county board of health.


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

ê1967 Statutes of Nevada, Page 1700 (Chapter 542, SB 408)ê

 

collection and disposal without first obtaining the approval of the county board of health.

      3.  In this section the term “drainage” means rainfall, surface and subsoil water only, and “sewage” means domestic and industrial filth and waste.

      Sec.33.  NRS 318.200 is hereby amended to read as follows:

      318.200  1.  [The] Subject to the provisions of NRS 318.140 and 318.144, the board shall have the power to fix, and from time to time increase or decrease, electric energy, swimming pool, other recreational facilities, television, sewer, water, lighting, garbage or refuse rates, tolls or charges (other than special assessments), including but not necessarily limited to service charges and standby service charges, for services or facilities furnished by the district, charges for the availability of service, and minimum charges, and to pledge such revenue for the payment of any indebtedness or special obligations of the district.

      2.  Until paid, all rates, tolls or charges shall constitute a perpetual lien on and against the property served, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics’ liens. Before any such lien is foreclosed the board shall hold a hearing thereon after notice thereof by publication and by registered first class mail, postage prepaid, addressed to the last-known owner at his last-known address according to the records of the district and the real property assessment roll in the county in which the property is located.

      3.  The board shall prescribe and enforce rules and regulations for the connection with and the disconnection from properties of the facilities of the district and the taking of its services.

      4.  [For health and sanitary purposes the board shall have the power to compel owners of inhabited property within a sewer district to connect their property with the sanitary or storm water sewer system of such district, and to use the garbage or refuse service provided by the district, and upon a failure so to connect to the district sanitary or storm water sewer system within 60 days after such written, mailed notice by the board so to do the board may cause such connection to be made and a lien to be filed against the property for the expense incurred in making such connection. No owner shall be compelled to connect his property with such system unless a service line is brought, by the district, to a point within 400 feet of his dwelling place. A person who fails to use the garbage and refuse systems of the district shall nevertheless be subject to the rates and charges established therefor and shall also be subject to mandatory and prohibitory injunction.

      5.] The board may provide for the collection of charges. Provisions may be made for, but are not limited to:

      (a) The granting of discounts for prompt payment of bills.

      (b) The requiring of deposits or the prepayment of charges in an amount not exceeding 1 year’s charges either from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which such services and facilities are to be used; but in case of nonpayment of all or part of a bill such deposits or prepaid charges shall be applied only insofar as necessary to liquidate the cumulative amount of such charges plus penalties and cost of collection.


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

ê1967 Statutes of Nevada, Page 1701 (Chapter 542, SB 408)ê

 

liquidate the cumulative amount of such charges plus penalties and cost of collection.

      (c) The requiring of a guaranty by the owner of property that the bills for service to the property or the occupants thereof will be paid.

      [6.] 5.  The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty shall not be more than 10 percent of each month’s charges for the first month delinquent. In addition to the basic penalty it may provide for a penalty of not exceeding 1.5 percent per month for nonpayment of the charges and basic penalty. On the 1st day of the calendar month following the date of payment specified in the bill the charge shall become delinquent if the bill or that portion thereof which is not in bona fide dispute remains unpaid. It may provide for collection of the penalties [herein] provided for [.] in this section.

      [7.] 6.  The board may provide that charges for any service shall be collected together with and not separately from the charges for any other service rendered by it, and that all charges shall be billed upon the same bill and collected as one item.

      [8.] 7.  The board may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by such person, firm or corporation of the charges for the service furnished by any enterprise. If all or any part of any bill rendered by any such person, firm or corporation pursuant to any such contract is not paid and if such person, firm or corporation renders any public utility service to the person billed, such person, firm or corporation may discontinue its utility service until such bill is paid, and the contract between the board and such person, firm or corporation may so provide.

      [9.] 8.  As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the district in any court of competent jurisdiction against the person or persons who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all of such persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.

      [10.  Industrial property shall be exempt from the provisions of this section if suitable arrangements have been made with local health authorities for the disposal of garbage and refuse.]

      Sec.34.  NRS 318.201 is hereby amended to read as follows:

      318.201  1.  Any board which has adopted rates pursuant to this chapter may, by [such ordinances or by separate ordinances,] resolution or by separate resolutions, elect to have such charges for the forthcoming fiscal year collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes. In such event, it shall cause a written report to be prepared and filed with the secretary, which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for such year, computed in conformity with the charges prescribed by the [ordinance.] resolution.

      2.  The powers authorized by this section shall be alternative to all other powers of the district, and alternative to other procedures adopted by the board for the collection of such charges.


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ê1967 Statutes of Nevada, Page 1702 (Chapter 542, SB 408)ê

 

other powers of the district, and alternative to other procedures adopted by the board for the collection of such charges.

      3.  The real property may be described by reference to maps prepared by and on file in the office of the county assessor or by descriptions used by him, or by reference to plats or maps on file in the office of the secretary.

      4.  The board may make the election specified in subsection 1 with respect only to delinquent charges and may do so by preparing and filing the written report, giving notice and holding the hearing therein required only as to such delinquencies.

      5.  The secretary shall cause notice of the filing of the report and of a time and place of hearing thereon to be published once a week for 2 weeks prior to the date set for hearing, in a newspaper of general circulation printed and published within the district if there is one and if not then in such paper printed and published in [the] a county within which the district is located.

      6.  Before the board may have such charges collected on the tax roll, [for the first time following April 12, 1963,] the secretary shall cause a notice in writing of the filing of the report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in the report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the secretary. If the board adopts the report, then the requirements for notice in writing to the persons to whom parcels of real property are assessed shall not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as herein provided shall be adequate.

      7.  At the time stated in the notice, the board shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. If the board finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of land.

      8.  Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in the report, which determination shall be final.

      9.  Prior to the time the county treasurer posts taxes to the county tax roll each year following such final determination, the secretary shall file with him a copy of the report with a statement endorsed thereon over his signature that it has been finally adopted by the board, and the county treasurer shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. Where any such parcels are outside the boundaries of the district they shall be added to the assessment roll of such district for the purpose of collecting such charges. If the property is not described on the roll, the county treasurer may enter the description thereon together with the amounts of the charges, as shown in the report.


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

ê1967 Statutes of Nevada, Page 1703 (Chapter 542, SB 408)ê

 

      10.  The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of the time when the lien of taxes on the roll attach.

      11.  The county treasurer shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. Thereafter the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the district, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

      12.  All laws applicable to the levy, collection and enforcement of general taxes of the district, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund, redemption and sale, are applicable to such charges.

      13.  The county treasurer may, in his discretion, issue separate bills for such charges and separate receipts for collection on account of such charges.

      Sec.35.  NRS 318.202 is hereby amended to read as follows:

      318.202  1.  The board shall have the power by [ordinance:] resolution:

      (a) To fix fees or charges for the privilege of connection to its water, drainage or sewerage facilities;

      (b) To fix the time or times at which such fees or charges shall become due;

      (c) To provide for the payment of such fees or charges prior to connection or in installments over a period of not to exceed 15 years: and

      (d) To provide the rate of interest, not to exceed 6 percent per annum, to be charged on the unpaid balance of such fees or charges.

      2.  The amount of such fees or charges and the interest thereon shall constitute a lien against the respective lots or parcels of land wo which the facilities are connected. Prior to making such fees or charges a lien against the land, the board shall give notice to the owners of the lots or parcels of land affected.

      3.  The notice shall set forth:

      (a) The schedule of fees or charges to be imposed.

      (b) A description of the property subject to such fees or charges, which description may be as provided in subsection 3 of NRS 318.201.

      (c) The time or times at which such fees or charges shall become due.

      (d) The number of installments in which such fees or charges shall be payable.

      (e) The rate of interest, not to exceed 6 percent per annum, to be charged on the unpaid balance of such fees or charges.

      (f) That it is proposed that the fees or charges and interest thereon shall constitute a lien against the lots or parcels of land to which the facilities are furnished.

      (g) The time and place at which the board will hold a hearing at which persons may appear and present any and all objections they may have to the imposition of the fees or charges as a lien against the land.

      4.  The notice shall be published once a week for 2 weeks prior to the date set for hearing. At least 10 days prior to the date of hearing, written notice thereof shall be mailed to all persons owning land subject to such fees or charges, whose names and addresses appear on the last equalized assessment roll.


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

ê1967 Statutes of Nevada, Page 1704 (Chapter 542, SB 408)ê

 

to such fees or charges, whose names and addresses appear on the last equalized assessment roll.

      5.  At the time stated in the notice the board shall hear and consider all objections or protests, if any, to the imposition of the fees or charges as set forth in the notice and may continue the hearing from time to time.

      6.  Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify the fees or charges or may overrule any or all objections and make its determination, which determination shall be final.

      7.  Prior to the time the county treasurer posts taxes to the county tax roll following such final determination, the board shall certify to the county auditor a list of the lots or parcels of land, as they appear on the current assessment roll, subject to such fees or charges and the amounts of the installments of such fees or charges and interest to be entered against such lots or parcels on the assessment roll. If a lot or parcel connected to the facilities is subsequently divided into two or more lots or parcels as shown on the current assessment roll, the board shall designate the lot or parcel that remains connected to the facilities and against which the installments of the fees or charges and interest are to be entered.

      8.  The county treasurer shall annually collect the charges or the respective installments thereof as provided in subsections 10 to 13, inclusive, of NRS 318.201.

      [9.  The charges provided for in this section are of local benefit to the properties affected and may be collected by special assessment proceedings.]

      Sec.36.  NRS 318.275 is hereby amended to reads as follows:

      318.275  Upon the conditions and under the circumstances set forth in this chapter, a district may borrow money and issue the following securities to evidence such borrowing:

      1.  Short-term notes [.] , warrants and interim debentures.

      2.  General obligation bonds.

      3.  Revenue bonds.

      4.  Special assessment bonds.

      Sec.37.  NRS 318.277 is hereby amended to read as follows:

      318.277  A district may borrow money and incur or assume indebtedness therefor, as provided in this chapter, so long as the total of all such indebtedness (but excluding revenue bonds, special assessment bonds, and other securities constituting special obligations which are not debts) does not exceed [50 percent of the real value of all real and personal property situated within such district.] an amount equal to the total of the last assessed valuation of taxable property (excluding motor vehicles) situated within such district.

      Sec.38.  NRS 318.280 is hereby amended to read as follows:

      318.280  1.  A district, upon the affirmative vote of four trustees, is authorized to borrow money without an election in anticipation of the collection of taxes or other revenues (but excluding special assessments) and to issue short-term notes, warrants and interim debentures to evidence he amount so borrowed.


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ê1967 Statutes of Nevada, Page 1705 (Chapter 542, SB 408)ê

 

      2.  Such short-term notes [:] , warrants and interim debentures:

      (a) Shall be payable from the fund for which the money was borrowed.

      (b) Shall mature before the close of the fiscal year in which the money is so borrowed [.] , except for interim debentures.

      (c) Shall not be extended or funded except incompliance with [NRS 318.285 to 318.310, inclusive.] the Local Government Securities Law.

      Sec.39.  NRS 318.290 is hereby amended to read as follows:

      318.290  1.  [Whenever] Subject to the provisions of NRS 350.001 to 350.006, inclusive, whenever any board determines, by resolution, that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, or the making of any contract with the United States or other persons or corporations, to carry out the objects or purposes of the district, requiring the creation of an indebtedness of $5,000 or more, the board shall order the submission of the proposition of issuing such obligations or bonds or creating other indebtedness to the qualified [taxpaying] electors of the district at an election held for that purpose [.] in the manner provided by NRS 350.020 to 350.070, inclusive, except registration of electors is not required and no notice for registration of electors shall be given, and except as otherwise provided in this chapter.

      2.  Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by this chapter.

      3.  The declaration of public interest or necessity required by this section and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall:

      (a) Recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the maximum amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness.

      (b) Fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of the proposed indebtedness.

      (c) Fix the compensation to be paid the officers of the election and shall designate the polling place or places and shall appoint, for each polling place from the electors of the district, three officers of such election, one of whom shall act as clerk.

      Sec.40.  NRS 318.305 is hereby amended to read as follows:

      318.305  1.  If it appears from the returns that [a majority of the qualified taxpaying electors of the district who have voted on any proposition submitted under the provisions of NRS 318.285 to 318.310, inclusive, at such election voted in favor of such proposition,] the qualified electors of the district approved the proposition submitted in the manner provided by NRS 350.070, the district shall thereupon be authorized to incur such indebtedness or obligations, enter into such contract or issue and sell such bonds of the district, as the case may be, all for the purpose or purposes and object or objects provided for in the proposition submitted and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in such resolution.


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ê1967 Statutes of Nevada, Page 1706 (Chapter 542, SB 408)ê

 

proposition submitted and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in such resolution.

      2.  Submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent election or elections called for such purpose.

      Sec.41.  NRS 318.320 is hereby amended to read as follows:

      318.320  A district created wholly or in part for [sanitary sewer or water or lighting or garbage or refuse purposes] a basic purpose or basic purposes in connection with which the district may derive revenues from the operation of facilities of the district or from the furnishing of services by the district, or from both such revenue sources, may issue bonds (without the necessity of holding an election and as an alternative or in addition to other forms of borrowing authorized in this chapter) for the purpose of acquiring or improving [a sanitary sewer or water or lighting or garbage or refuse system,] facilities appertaining to any such basic purpose, and such bonds shall be made payable solely out of the net revenues derived from the operation of such [system or systems;] facilities or the furnishing of such services, or from both such revenue sources of the district; but a single bond issue may be had for more than one of such facilities or services and the revenues for any and all of the income-producing facilities and services provided by the district may be pledged to pay for any other such facilities or service. To that end, a single utility fund for all or any number of such facilities and services may be established and maintained.

      Sec. 42.  NRS 318.325 is hereby amended to read as follows:

      318.325  1.  [Such revenue bonds shall be publicly sold to the highest responsible bidders:

      (a) After at least 3 weeks’ notice in writing to the state board of finance, Carson City, Nevada, and to the board of county commissioners in the county in which such district is located;

      (b) Upon such requirements for substantiation of bids as the board of trustees may direct; and

      (c) Pursuant to such public notice as the board of trustees may direct, but in any event notice of such sale must be published in a financial journal published in the city of New York, New York.

      2.  The requirement of public sale may be waived, in the discretion of the board of county commissioners, upon application in writing signed by the owners of property in the district whose aggregate value is 75 percent or more of the total assessed value of taxable property in the district.

      3.  If no responsible bids are received pursuant to the provisions of subsection 1, or if public sale is waived pursuant to subsection 2, the board may proceed with a private sale. None of the bonds may be sold at either public or private sale, as provided in this section, at less than 94 percent of the principal amount thereof, plus accrued interest on the principal amount to the date of delivery.

      4.  Each such revenue bond shall recite in substance that the principal thereof, including the interest thereon, is payable from the revenue pledged to the payment thereof and does not constitute a debt within the meaning of any constitutional or statutory limitation.] Subject to the limitations and other provisions in this chapter, a board of any district may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law:

 


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ê1967 Statutes of Nevada, Page 1707 (Chapter 542, SB 408)ê

 

limitations and other provisions in this chapter, a board of any district may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law:

      (a) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;

      (b) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;

      (c) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes or any special assessments, which payment is secured by a pledge of and lien on such net revenues; or

      (d) Any combination of such securities.

      2.  Nothing in this chapter shall be construed as preventing a district from funding, refunding or reissuing any outstanding securities of the district of a type designated in subsection 1 as provided in the Local Government Securities Law.

      3.  Revenue bonds may be sold for not less than 94 percent of their face amount and for an interest coupon rate of not to exceed 6 percent per annum. If no bids are received or if the bid or bids received are not satisfactory as to price or responsibility of the bidder, the bonds may be readvertised or sold at private sale.

      Sec.43.  Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 44 and 45 of this act.

      Sec.44.  1.  On the date and at the place fixed for such hearing provided for in NRS 318.365 any and all property owners interested in such project may, by written complaints, protests or objections, present their views in respect to the proposed projects to the board, or present them orally, and the board may adjourn the hearing from time to time.

      2.  After the hearing has been concluded, after all written complaints, protests and objections have been read and considered, and after all persons desiring to be heard in person have been heard, the board shall consider the arguments, if any, and any other relevant material put forth.

      3.  Thereafter, if the board determines that it is not for the public interest that the proposed project, or a part thereof, be made, the board shall make an order by resolution to that effect, and thereupon the proceeding for the project, or the part thereof, determined against by such order, shall stop and shall not be begun again until the adoption of a new resolution.

      4.  Any complaint, protest or objection to the regularity, validity and correctness of the proceedings and instruments taken, adopted or made prior to the date of the hearing shall be deemed waived unless presented in writing at the time and in the manner herein specified.

      Sec.45.  Any person filing a written complaint, protest or objection as provided in section 44 shall have the right, within 60 days after the board has finally passed on such complaint, protest or objection by resolution, to commence an action or suit in any court of competent jurisdiction to correct or set aside such determination, but thereafter all actions or suits attacking the validity of such proceedings shall be perpetually barred.


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ê1967 Statutes of Nevada, Page 1708 (Chapter 542, SB 408)ê

 

      Sec.46.  NRS 318.370 is hereby amended to read as follows:

      318.370  1.  The cost and expense of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, assessments and cost of construction.

      2.  In no case shall the amount of any one special assessment or the combined amounts of any series of special assessments upon any lot or premises for any one improvement or for more than one improvement exceed 50 percent of the actual market value of such lot or premises after such improvements have been made. Any cost exceeding the value of such lot or premises which would otherwise be chargeable upon such a lot or premises shall be paid from the general funds of the district.

      3.  The board shall provide that the fees and compensation properly charged in the work of making and collecting any special assessment, including without limitation engineering, legal and fiscal fees, charges of county officers pursuant to NRS 318.098 to the extent such charges pertain to special assessments, other reasonable allowances for the collection of special assessments, and bond discount, if any, shall be included as part of such assessment.

      4.  Each type of improvement, such as grading, paving, curbs and gutters, sanitary sewerage facilities or storm drainage facilities, shall constitute an improvement. Sidewalks shall be a distinct improvement when not monolithic with curbs and gutter. More than one improvement may be combined in one local improvement proceeding when the board determines that it will be economical so to do. If in the combination improvements are separate and distinct by reason of substantial difference in their character or location or otherwise, each such improvement shall be designated and treated as a separate unit or district or proceeding in the proceeding for the purpose of objection and assessment. The costs of each unit shall be segregated for the levy of the assessment and an equitable share of the incidental expenses shall be allocated to each assessment unit. The determinations of the board shall be final and conclusive.

      Sec.47.  NRS 318.410 is hereby amended to read as follows:

      318.410  1.  Upon receiving the report mentioned in NRS 318.405, the assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed to be levied upon each of such lots or premises respectively. When completed he shall report the assessment roll to the board.

      2.  When any special assessment is reported by the assessor to the board, as directed in this section, the same shall be filed in the office of the district secretary and numbered.

      3.  Before adopting the assessment, the board shall cause notice to be given by publication and additionally to be given by mail to each last-known owner of land so assessed for the cost of the improvements, at his last-known address, such addresses and owners being those appearing on the real property assessment rolls for general (ad valorem) taxes of the county, and from such other sources as the secretary of the district deems reliable. Proof of such mailing shall be made by affidavit of the secretary and filed in the records of the district, but failure to mail such notice or notices shall not invalidate any of the proceedings of the district.


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ê1967 Statutes of Nevada, Page 1709 (Chapter 542, SB 408)ê

 

notice or notices shall not invalidate any of the proceedings of the district. The notices shall state a time when the board and assessor will meet to review the assessments.

      4.  Any person objecting to the assessment may file his objection thereto with the district secretary.

      5.  The notice provided may be in the following form:

 

NOTICE OF SPECIAL ASSESSMENT

STATE OF NEVADA

 

 

COUNTY OF...........................

}

ss.

      To [……………(insert the names of persons against whose property the assessment appears) and to] all persons interested, take notice:

      That the roll of special assessment heretofore made by the assessor for the purpose of defraying that part of the costs which the board of trustees of ……………….. General Improvement District, ……………….. County, Nevada, decided should be paid and borne by special assessment for the improvements in Special Assessment District No. ............... in such general improvement district is now of file at my office for public inspection. Notice is hereby given that the board and the assessor will meet in such general improvement district at …………… o’clock …..m., on …………………, 19….., at …………… to review the assessment, at which time and place opportunity will be given to all interested persons to be heard.

Dated..................................                             .......................................................................

                                                                                                     District Secretary

 

      Sec.48.  Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 49 to 55, inclusive, of this act.

      Sec.49.  1.  Whenever any special assessment is, in the opinion of the board, invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction adjudges such assessments to be illegal, the board shall, whether the improvement has been made or not, or whether any parts of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made.

      2.  All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment in this chapter.

      Sec.50.  Whenever any sum or part thereof levied upon any tracts in the special assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment of the tracts.

      Sec.51.  1.  Any special assessment bonds issued under this chapter may be refunded without an election pursuant to a resolution or resolutions to be adopted by the board in the manner provided in this chapter for the issuance of other special assessment bonds, subject to any contractual limitations.

      2.  Refunding bonds so issued may be secured in such manner and may be made payable from such sources as were provided in the resolution or resolutions authorizing their issuance; but the security for the payment of the refunding bonds shall not be greater as to type than the security for the payment of the bonds refunded, nor shall there be pledged for the payment of the refunding bonds any type of revenues of which are not pledged for the payment of the bonds refunded.


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ê1967 Statutes of Nevada, Page 1710 (Chapter 542, SB 408)ê

 

payment of the refunding bonds shall not be greater as to type than the security for the payment of the bonds refunded, nor shall there be pledged for the payment of the refunding bonds any type of revenues of which are not pledged for the payment of the bonds refunded.

      3.  Refunding bonds so issued may be sold at public or private sale or may be exchanged dollar for dollar for the bonds to be refunded If sold, the proceeds of sale may be escrowed for the payment of the bonds to be refunded in such manner as may be provided in the resolution authorizing the refunding bonds.

      Sec. 52.  This act 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 the time this act takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if this act had not been passed.

      Sec.53.  1.  This act shall not affect the corporate existence nor the area included within the boundaries of any district organized or reorganized prior to the effective date of this act under any chapter in Title 25 of NRS, but the governing body of any such district (excluding any local improvement district organized or reorganized under the provisions of chapter 309 of NRS, any housing authority or other municipal corporation subject to the provisions of chapter 315 of NRS, and excluding any district organized or reorganized prior to the effective date of this act under and already subject to the provisions of this chapter 318 of NRS) shall reorganize as provided in this chapter as amended by this act.

      2.  Any district organized or reorganized prior to the effective date of this act under and exercising powers as provided in any chapter in Title 25 of NRS (excluding chapters 309, 315 and 318 of NRS) shall operate under and exercise powers pertaining to each basic power for which the district is organized or reorganized as provided in chapter 318 of NRS as from time to time amended, including without limitation the provisions of the Special District Control Law to the extent it is applicable by the terms thereof.

      Sec.54.  1.  The adoption of this act shall not repeal or in any way affect or modify:

      (a) Any law authorizing the issuance by any district organized or reorganized prior to the effective date of this act under any chapter in Title 25 of NRS of any outstanding:

             (1) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;

             (2) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge of and lien on designated revenues of such district;

             (3) Revenue bonds and other securities constituting special obligations and payable from designated revenues derived by any such district;

             (4) Special assessment bonds and other securities constituting special obligations and primarily payable from special assessments levied by any such district; and

             (5) Any other outstanding securities of any such district.

      (b) Any other contract of any such district.


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ê1967 Statutes of Nevada, Page 1711 (Chapter 542, SB 408)ê

 

      (c) Any law pursuant to which there has been levied by or on behalf of any such district and there have not been paid in full, including without limitation principal, any interest, and any penalties, the following:

             (1) General (ad valorem) property taxes;

             (2) Special assessments; and

             (3) Tolls, rates and charges pertaining to the facilities or services, or both facilities and services, furnished by any such district.

      (d) The running of the statutes of limitations in force at the time this act becomes effective.

      2.  All incomplete proceedings had and taken by any such district, under any law repealed by this act at the 54th session of the legislature, preliminary to and in the acquisition or improvement of any project, the creation of any special assessment district, the levy and collection of any special assessment, or the issuance of any interim or temporary bond, or any definitive bond, which proceedings are in substantial compliance herewith, may, at the option of the board, be completed hereunder the same as if such incomplete proceedings had been had and taken pursuant to the provisions of this act.

      3.  The adoption of this act shall not repeal or in any way affect or modify the power of a board of directors of a district organized pursuant to chapter 311 of NRS prior to the effective date of this act concerning the borrowing of money or the acceptance of any grant of public or private money, which power was exercised prior to the effective date of this act.

      Sec.55.  1.  Notwithstanding the provisions of section 54, any proceedings pertaining to any proposed district which is not organized prior to the effective date of this act which proceedings have been taken preliminary to such organization pursuant to any chapter in Title 25 of NRS, excluding chapters 309, 315 and 318 of NRS, may not be completed under the provisions of chapter 318 of NRS, or otherwise. Any proceedings for the organization of any such proposed district shall be recommenced under the provisions of chapter 318 of NRS and shall be fully taken in accordance with the provisions of chapter 318 of NRS, as from time to time amended.

      2.  Any proceedings pertaining to any district for its reorganization either for the annexation of territory thereto, its consolidation or other corporate reorganization, or for the addition of any basic power which the district may exercise, or any combination thereof, which proceedings have been taken preliminary to such reorganization but without such reorganization be completed prior to the effective date of this act pursuant to any chapter in Title 25 of NRS, excluding chapters 309, 315 and 318 of NRS, may not be completed under the provisions of chapter 318 of NRS, or otherwise. Any proceedings for any such reorganization shall be recommenced under the provisions of chapter 318 of NRS and shall be fully taken in accordance with the provisions of chapter 318 of NRS, as from time to time amended.

      Sec.56.  NRS 318.140 is hereby amended to read as follows:

      318.140  1.  In the case of a district created wholly or in part for acquiring sanitary sewer improvements, the board shall have the power:

      [1.] (a) To construct, reconstruct, improve, extend or better the sanitary sewer system or any part thereof, including, without limiting the generality of the foregoing, mains, laterals, wyes, tees, meters and collection, treatment and disposal plants.


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ê1967 Statutes of Nevada, Page 1712 (Chapter 542, SB 408)ê

 

sanitary sewer system or any part thereof, including, without limiting the generality of the foregoing, mains, laterals, wyes, tees, meters and collection, treatment and disposal plants.

      [2.] (b) To sell any product or byproduct thereof and to acquire the appropriate outlets within or without the district and to extend the sewer-lines of the district thereto.

      2.  Notwithstanding any other provision of this chapter, each district exercising the power granted in this section shall be under the jurisdiction of the public service commission of Nevada in regard to rates charged and services and facilities furnished in the same manner as a public utility as defined in NRS 704.020.

      Sec.57.  NRS 318.144 is hereby amended to read as follows:

      318.144  1.  The board shall have the power to acquire, construct, reconstruct, improve, extend or better a works, system or facilities for the supply, storage and distribution of water for private and public purposes.

      2.  Notwithstanding any other provision of this chapter, each district exercising the power granted in this section shall be under the jurisdiction of the public service commission of Nevada in regard to rates charged and services and facilities furnished in the same manner as a public utility as defined in NRS 704.020.

      Sec.58.  NRS 242A.090 is hereby amended to read as follows:

      242A.090  “Special district” means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries, and includes without limitation districts organized pursuant to chapters 309, [313, 314, 316,] 318, 379, 473, 474, 539, 540 and 543 of NRS. “Special district” does not include the state, a county, a city [, a school district or a district organized pursuant to chapter 311 of NRS.] or a school district.

      Sec.59.  (Deleted by amendment.)

      Sec.60.  NRS 355.140 is hereby amended to read as follows:

      355.140  Any law of this state to the contrary notwithstanding, the following bonds and other securities, or either or any of them, are proper and lawful investments of any of the funds of this state, and of its various departments, institutions and agencies, and of the state insurance fund:

      1.  Bonds and certificates of the United States;

      2.  Bonds of federal agencies where underwritten by or payment is guaranteed by the United States;

      3.  Bonds of this state or other states of the Union;

      4.  Bonds of any county of the State of Nevada or of other states;

      5.  Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds when such bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;

      6.  General obligation bonds of irrigation districts and drainage districts in the State of Nevada which are liens upon the property within such districts, when the value of such property is found by the board or commission making such investments to render such bonds financially sound over and above all other obligations of such districts;

      7.  Bonds of school districts within the State of Nevada;

      8.  Bonds of any [power district, water district, or power and water] general improvement district having a population of not less than 200,000 persons and situated in two or more counties of the State of Nevada or of any other state, which bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation when such property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of such district;

 


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ê1967 Statutes of Nevada, Page 1713 (Chapter 542, SB 408)ê

 

general improvement district having a population of not less than 200,000 persons and situated in two or more counties of the State of Nevada or of any other state, which bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation when such property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of such district;

      9.  [Bonds authorized to be issued by sewage, water and garbage disposal districts pursuant to the provisions of chapter 310 of NRS;

      10.  Bonds authorized to be issued by water and sanitation districts pursuant to the provisions of chapter 311 of NRS;

      11.] Temporary or emergency loans to counties, cities and school districts authorized under the provisions of chapter 354 of NRS at an interest rate not to exceed 8 percent per annum;

      [12.] 10.  Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural lands in the State of Nevada of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances; and

      [13.] 11.  Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended;

except such funds or moneys the investment of which is governed by the provisions of the constitution of the State of Nevada, such as moneys for the benefit of the public schools of this state and for other educational purposes derived from land grants of the United States, escheat estates, gifts and bequests for educational purposes, fines, and from other sources, as provided for in section 3 of article XI of the constitution of this state, and except also such funds or moneys thereof as have been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof.

      Sec.61.  NRS 355.150 is hereby amended to read as follows:

      355.150  1.  Before making any investment in the bonds and other securities designated in NRS 355.140, the Nevada industrial commission, the state board of finance, the state board of education, or other board, commission or agency of the state, contemplating the making of any such investments shall make due and diligent inquiry as to:

      (a) Whether the bonds of such federal agencies are actually underwritten or payment thereof is guaranteed by the United States.

      (b) The financial standing and responsibility of the state or states, county or counties, incorporated cities, irrigation districts, drainage districts, school districts, [power districts, water districts, and power and water districts] and general improvement districts in the bonds or securities of which such investments are contemplated or are to be made.


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ê1967 Statutes of Nevada, Page 1714 (Chapter 542, SB 408)ê

 

      (c) Whether such bonds and other securities are valid and duly authorized and issued, and the proceedings incident thereto have been fully complied with.

      (d) The financial standing and responsibility of the person or persons, company or companies, corporation or corporations to whom or to which such loans are contemplated.

      (e) The value of the lands so mortgaged.

      2.  Such commission, board or other state agency shall require the attorney general:

      (a) To give his legal opinion in writing as to:

             (1) The validity of any laws under which such bonds or securities are issued and authorized and in which such investments are contemplated.

             (2) The validity of such bonds or other securities.

      (b) To examine and pass upon and to give his official opinion in writing upon the title and abstract of title or title insurance of all agricultural lands so mortgaged to secure such loans.

      3.  Unless such commission, board or other state agency is satisfied from such inquiry and opinion that the bonds of such federal agencies are underwritten or payment thereof guaranteed by the United States and of the financial standing and responsibility of the state, county, incorporated city or district issuing such bonds, then such commission, board or other state agency shall not invest such funds therein; but if satisfied as to the same, such commission, board or other state agency may, at its option, so invest such funds in such bonds.

      Sec. 62.  Chapter 439 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The health division of the department of health and welfare shall make such studies and demonstrations as may be necessary to determine the areas of the state which have a high proportion of mosquito-borne diseases, including malaria and encephalitis.

      2.  The health division of the department of health and welfare may enter into a cooperative agreement with any local district or other public agency engaged in the work of controlling mosquitoes or gnats, or mosquitos and gnats, in such areas and under such terms, conditions and specifications as the division may prescribe. Such agreement may provide for financial assistance on behalf of the state and for the doing of all or any portion of the necessary work by either of the contracting parties, except that in no event shall the division agree that the state’s contribution shall exceed 50 percent of the total cost of any acceptable plan.

      Sec.63.  NRS 318.143 is hereby amended to read as follows:

      318.143  1.  Subject to the provisions of subsection 2, the board may acquire, construct, reconstruct, improve, extend and better lands, works, systems and facilities for [public] recreation.

      2.  If the proposed recreational facilities are situated within 7 miles from the boundary of an incorporated city or unincorporated town, and if the county in which the proposed recreational facilities are situated has adopted a recreation plan pursuant to chapter 278 of NRS, the authority conferred by subsection 1 may be exercised only in conformity with such plan.


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ê1967 Statutes of Nevada, Page 1715 (Chapter 542, SB 408)ê

 

      Sec.64.  NRS 318.205 is hereby amended to read as follows:

      318.205  The board shall have the power to adopt and amend bylaws, not in conflict with the constitution and laws of the state [, for] :

      1.  For carrying on the business, objects and affairs of the board and of the district.

      2.  Regulating the use or right of use of any project or improvement.

      Sec.65.  Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth as sections 66 to 70, inclusive, of this act.

      Sec.66.  1.  “Changes” as used in this section include corrections, alterations, modifications, additions, omissions, increases, decreases or substitutions.

      2.  Unless the power to proceed has ceased at the conclusion of the hearing on the proposed improvement because of a majority protest, at any time before completion of the improvement proceedings, the board may make changes in, to or from the boundaries of the proposed assessment district, the improvement ordered to be made or acquired, the costs thereof, the assessment, or in the amounts of any of the individual assessments therein, or in the proceedings, or in any act, determination or provision made, or permitted to be made, by the board under and pursuant to this chapter, which act, determination or provision does not affect the jurisdiction of the board to order the improvement. The boundaries shall not be changed to include any territory which will not, in its judgment, be benefited by the improvement, or to exclude any territory which will, in its judgment, be benefited by the improvement.

      3.  All changes shall be made on notice and hearing as provided in this section, except that changes may be made:

      (a) At the hearing on the report, which:

             (1) Reduce the total amount of the assessment;

             (2) Eliminate a portion of the work or provide a substitution therein without increasing the cost of any assessment by reason thereof or substantially affecting the distribution of benefits from the work; or

             (3) Eliminate a portion of the assessment district without increasing the amount of any assessment by reason thereof or substantially affecting the distribution of benefits from the work; and

      (b) At any time after the improvements are ordered and during the pendency of the proceedings, which;

             (1) Reduce the total amount of the assessment; or

             (2) Provide for the elimination or addition of work or substitutions therein, though they result in an increase in some assessments, provided that the owners of the property affected request in writing that the changes in the work and in the assessments be made.

      4.  Before ordering any changes made, other than as provided in subsection 3, the board shall adopt a resolution briefly describing the changes proposed to be made, stating the amount of the estimated increase or decrease in the cost of the improvement by reason of such proposed changes and giving notice of a time and place when and where any interested person having any objection to the changes proposed to be made may appear before it and show cause why such changes should not be ordered. The resolution may describe such changes by referring to a map, plat, plan, profile, detailed drawing or specification on file in the office of the secretary or engineer, which shall indicate the changes proposed to be made and which shall govern for all details thereof.


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

ê1967 Statutes of Nevada, Page 1716 (Chapter 542, SB 408)ê

 

to be made and which shall govern for all details thereof. The resolution shall be published.

      5.  If the resolution proposes to include additional territory in the assessment district, or to increase any assessment, at least 20 days prior to the hearing fixed therein the secretary of the board shall mail a copy of the resolution to all persons owning real property within territory to be added, or whose assessment is proposed to be increased, to their names and addresses as they appear on the last equalized county assessment roll or as known to him.

      6.  Written objection to the proposed changes may be filed with the secretary by any interested person at any time not later than the time set for the hearing. The board shall hear and pass upon such objections at the time appointed, or at any time to which the hearing thereof may be adjourned. If no written objections to such changes have been delivered to the secretary up to the hour set for hearing thereon, or if such objections have been heard and found by the board to be insufficient or have been overruled or denied, immediately thereupon the board shall acquire jurisdiction to order the changes made. The decisions and determinations of the board ordering such changes after notice and hearing shall be final and conclusive upon all persons entitle to appeal thereupon to the board.

      7.  If, as a result of any proposed changes, the board determines that a supplemental assessment is necessary, the proceedings provided for by this section may either be combined with or conducted separately from the proceedings for such supplemental assessment. If the proposed changes eliminate or substantially reduce the estimated benefits to be received from the improvement by any subdivision of land within the assessment district, the board shall not order any such changes without ordering a corresponding credit upon the individual assessment theretofore imposed upon such subdivision.

      8.  Any changes made pursuant to this section shall be subject to the limitations, if any, contained in any law applicable to the proceedings, which law may impose limitations upon the amount by which the estimated cost of the improvement may be increased by reason of such changes.

      9.  Any changes made pursuant to this section shall not release or discharge the sureties upon any bond required under this chapter.

      Sec.67.  Members of the board of trustees are subject to recall from office pursuant to the provisions of the constitution and statutes of this state.

      Sec.68.  1.  No member of the board shall be interested, directly or indirectly, in any property purchased for the use of the district, or in any purchase or sale of property belonging to the district, or in any contract made by the district for the acquisition of any project or improvement by the district.

      2.  A member of the board who violates the provisions of subsection 1 is guilty of a gross misdemeanor and shall be further punished as provided in NRS 197.230.

      Sec.69.  1.  It is unlawful for a member of the board to become a contractor under any contract or order for supplies or any other kind of contract authorized by the board of which he is a member, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.


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

ê1967 Statutes of Nevada, Page 1717 (Chapter 542, SB 408)ê

 

any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.

      2.  It is unlawful for a member of the board to be interested in any contact made by the board of which he is a member, or to be purchaser or to be interested in any purchase or sale made by the board of which he is a member.

      3.  Any contract made in violation of the provisions of subsection 1 or 2 may be declared void at the instance of the district or of any other person interested in the contract except the member of the board prohibited in subsection 1 or 2 from making or being interested in the contract.

      4.  A member of the board who violates the provisions of subsection 1 or 2, directly or indirectly, is guilty of a gross misdemeanor and shall be further punished as provided in NRS 197.230.

      Sec.70.  Any act, action, determination or approval by the board authorized or required by the provisions of NRS 318.350 to 318. 485, inclusive, shall be done only by an affirmative vote of at least four trustees.

      Sec.71.  Chapter 309 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      No district may be organized under the provisions of this chapter after May 1, 1967.

      Sec. 72.  Section 1 of chapter 137, Statutes of Nevada 1967, entitled “An Act to amend the title of and to amend an act entitled ‘An Act to amend chapter 704 of NRS, relating to public utilities, by adding a new section prescribing where security agreements covering real or personal property of railroads and other public utilities shall be recorded; and providing other matters properly relating thereto,’ approved April 14, 1965,” approved March 21, 1967, is hereby amended to read as follows:

      Section 1.  Section 1 of the above-entitle act, being chapter 507, Statutes of Nevada 1965, [at pages 1431 and 1432,] as amended by chapter 137, Statutes of Nevada 1967, is hereby amended to read as follows:

      Section 1.  Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any mortgage of real property or of both real property and goods, including fixtures, or a security interest in fixtures alone, made by a corporation which is a railroad or a public utility, as defined in NRS 704.020, or a [power district, as defined in NRS 312.040,] general improvement district, as defined in NRS 318.020, shall be recorded in the office of the county recorder of the county or counties in which the property is located, and when so recorded shall be a lien on the real property and fixtures described in the mortgage or security agreement from the time of recording and on fixtures thereafter acquired subject to the mortgage or security agreement from the time of acquisition. If the mortgage or security agreement includes goods, a copy of the mortgage or security agreement or a financing statement describing the goods by item or type shall be filed with the secretary of state and shall be effective from the time provided in the Uniform Commercial Code of this state, but the security interest in the goods and in goods thereafter acquired subject to the mortgage or security agreement shall be effective without refiling as long as the mortgage or security agreement remains in effect, and this lien shall be enforcible in accordance with the laws of this state governing mortgages of real estate.


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

ê1967 Statutes of Nevada, Page 1718 (Chapter 542, SB 408)ê

 

without refiling as long as the mortgage or security agreement remains in effect, and this lien shall be enforcible in accordance with the laws of this state governing mortgages of real estate.

      2.  A security interest in goods alone created by a [power] general improvement district or a corporation which is a railroad or a public utility shall be perfected by filing a financing statement in the office of the secretary of the state and shall in all respects except as to place of filing be governed by the Uniform Commercial Code of this state. This is a statute providing for central filing of security interests in property within the meaning of section 9-302 of the Uniform Commercial Code of this state.

      3.  The secretary of state shall maintain a separate file for mortgages, security agreements and financing statements on which the debtor is a [power] general improvement district or a corporation which is a railroad or a public utility, and the uniform fee for filing, indexing and furnishing filing data for such financing statements shall be [$1.] $2.

      4.  Nothing in this act or in the Uniform Commercial Code of this state shall impair the validity or effectiveness against third parties of any mortgage of real property, or of both real property and goods, including fixtures, or a security interest in fixtures alone, heretofore made by a [power] general improvement district or a corporation which is a railroad public utility, if such mortgage or security interest was recorded or filed or perfected in accordance with the law of this state prior to the effective date of the Uniform Commercial Code of this state, and such law shall govern the continued effectiveness and enforcement of such mortgages and security interests with respect to all property covered thereby whether acquired by such corporation before or after such date.

      Sec.73.  Section 2 of chapter 137, Statutes of Nevada 1967, entitled “An Act to amend the title of and to amend an act entitled ‘An Act to amend chapter 704 of NRS, relating to public utilities, by adding a new section prescribing where security agreements covering real or personal property of railroads and other public utilities shall be recorded; and providing other matters properly relating thereto,’ approved April 14, 1965,” approved March 21, 1967, is hereby amended to read as follows:

      Section 2.  The title of the above-entitled act, being chapter 507, Statutes of Nevada 1965, [at page 1431,] as amended by chapter 137, Statutes of Nevada 1967, is hereby amended to read as follows:

      An Act to amend chapter 704 of NRS, relating to public utilities, by adding a new section prescribing where security agreements covering real or personal property of railroads, other public utilities and [power] general improvement districts shall be recorded; and providing other matters properly relating thereto.

      Sec.74.  1.  Chapters 310, 311, 312, 313, 314, 316 and 317 of NRS are hereby repealed.

      2.  NRS 318.295, 318.310, 318.315, 318.330, 318.335, 318.336, 318.337, 318.340, 318.342, 318.345, 318.440 and 318.445 are hereby repealed.

      3.  Chapter 147, Statutes of Nevada 1967, entitled “An Act to delete certain statutory requirements for audits by water and sanitation districts which were superseded by enactment of the Local Government Budget Act; and providing other matters properly relating thereto,” approved March 22, 1967, is hereby repealed.


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

ê1967 Statutes of Nevada, Page 1719 (Chapter 542, SB 408)ê

 

Act; and providing other matters properly relating thereto,” approved March 22, 1967, is hereby repealed.

      4.  Sections 26, 27, 28, 30 and 31 of chapter 140, Statutes of Nevada 1967, entitled “An Act relating to public securities and obligations; to provide generally for a maximum interest rate and a maximum discount on issuance; to provide the period after an election within which securities may be issued or sold; to amend and repeal sections of NRS and of city charters to conform thereto; to extend such provisions to issues previously authorized but not yet sold; and providing other matters properly relating thereto,” approved March 21, 1967, are hereby repealed.

      Sec.75.  This act shall become effective May 1, 1967.

 

________

 

 

CHAPTER 543, SB 505

Senate Bill No. 505–Senator Bunker

 

CHAPTER 543

 

AN ACT to amend NRS 202.340, relating to the disposition of confiscated dangerous instruments or weapons, by authorizing their retention by or private sale to law enforcement officers or agencies.

 

[Approved April 27, 1967]

 

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

do enact as follows:

 

      Section1.  NRS 202.340 is hereby amended to read as follows:

      202.340  1.  When any one or more of the instruments or weapons described in NRS 202.350 are taken from the possession of any person charged with the commission of any public offense or crime [the same] such instruments or weapons shall be surrendered:

      (a) To the sheriff of the county wherein the same are taken; or

      (b) To the head of the police force or department of an incorporated city when the possession thereof is detected by any member of the police force.

      2.  [The officer to whom the instruments or weapons are surrendered shall, except upon certificate of a judge of a court of record or of the district attorney that the preservation thereof is necessary or proper in the ends of justice, proceed at such time or times as he deems proper, and at least once in a each year, to sell such confiscated weapons or instruments at public auction. He shall deposit the proceeds of such sales with the city treasurer or county treasurer, as the case may be, and the city treasurer or county treasurer shall credit the same to the general fund of the city or county; provided:

      (a) That notice of such public auction describing the weapons to be sold is published once a week for 2 weeks preceding the date of the sale; and

      (b) That in the event of the acquittal of any such person charged with the commission of any public offense or crime any and all such weapons or instruments so taken from him as provided in this section are thereupon returned to him upon demand therefor; and


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

ê1967 Statutes of Nevada, Page 1720 (Chapter 543, SB 505)ê

 

      (c) That any such weapons which are determined to be dangerous to the safety of the public are destroyed or caused to be destroyed by the officer.] Except as provided in subsection 5, the governing body of the county or city shall at least once a year order the officer to whom any such instrument or weapon is surrendered pursuant to subsection 1 to:

      (a) Retain any such confiscated instrument or weapon for use by the law enforcement agency headed by such officer;

      (b) Sell any such confiscated instrument or weapon to another law enforcement agency at a price not less than its prevailing market value;

      (c) Sell any such confiscated instrument or weapon at a public auction to be held at least once in a year, after notice of such public auction describing the instruments or weapons to be sold is published once a week for 2 weeks immediately preceding the date of the auction in a newspaper of general circulation in the county or city.

      3.  All proceeds of the sales provided for in subsection 2 shall be deposited with the county treasurer or the city treasurer and the county treasurer or the city treasurer shall credit such proceeds to the general fund of such county or city.

      4.  Any officer receiving an order as provided in subsection 2 shall comply with such order as soon as practicable.

      5.  The officer to whom any such confiscated instrument or weapon is surrendered shall:

      (a) Destroy or direct to be destroyed such instrument or weapon which is determined to be dangerous to the safety of the public.

      (b) Return any instrument or weapon, which has not been destroyed pursuant to paragraph (a), upon demand to the person from whom such instrument or weapon was confiscated if such person is acquitted of the public offense or crime of which he was charged.

      (c) Retain such confiscated instrument or weapon held by him pursuant to an order of a judge of a court of record or by direction of the district attorney that such retention is necessary for purposes of evidence, until such order or direction is rescinded.

 

________

 

 

CHAPTER 544, AB 252

Assembly Bill No. 252–Mr. Wood

 

CHAPTER 544

 

AN ACT to amend chapter 382 of NRS, relating to the Nevada historical society, by making the society an agency of the state administered by a board of trustees appointed by the governor; designating the powers and duties of the board of trustees; and providing other matters properly relating thereto.

 

[Approved April 27, 1967]

 

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

do enact as follows:

 

      Section1.  NRS 382.010 is hereby amended to read as follows:

      382.010  The Nevada historical society, which holds a large, varied and invaluable collection of files, documents and records as trustee of the state, is hereby [recognized as a state institution.] declared to be an agency of the state.


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

ê1967 Statutes of Nevada, Page 1721 (Chapter 544, AB 252)ê

 

      Sec.2.  NRS 382.030 is hereby amended to read as follows:

      382.030  1.  The [president] chairman and the secretary of the board of trustees of the Nevada historical society 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.3.  NRS 382.050 is hereby amended to read as follows:

      382.050  1.  The superintendent of state printing shall cause such number of copies to historical papers issued by the society to be printed as may be ordered by the society. When printed, the copies shall be delivered to the secretary of the board of trustees of the Nevada historical society 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 of state printing by society, and the costs of printing, binding and transportation shall be paid by the society.

      3.  The society may sell pamphlets or books prepares 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. Expenditures of such funds shall be limited to the purpose of the donation, grant or other source of the fund.

      5.  Checks on the account provided for in subsection 3 may be drawn, and negotiable items endorsed for deposit, by two signatures, one of which shall be that of a director and one of which may be that of an employee. All other claims and disbursements on behalf of the society shall be signed by at least two directors.

      Sec.4.  Chapter 382 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 11, inclusive, of this act.

      Sec.5.  The basic purposes of the Nevada historical society shall be to receive, collect, exchange, preserve, house, care for, display and exhibit material particularly but not exclusively respecting the State of Nevada, such as books, papers, records and documents of historic, artistic, literary or industrial value or interest by reason of rarity, representative character or otherwise.

      Sec.6.  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.

      3.  The board of trustees shall elect its own chairman and secretary from among the trustees.

      Sec.7.  The general powers and duties of the board of trustees shall be to:


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

ê1967 Statutes of Nevada, Page 1722 (Chapter 544, AB 252)ê

 

      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.8.  The board of trustees may hire and fix the duties, powers and conditions of employment of necessary technical and clerical personnel. Employees in the unclassified and classified service of the state shall receive the salaries provided by law.

      Sec.9.  1.  The board of trustees may set the qualifications for life, honorary, annual, sustaining and such other memberships as the trustees may deem necessary.

      2.  All persons holding membership in the Nevada historical society of the effective date of this act shall be allowed to maintain such membership in compliance with the provisions of this chapter, but all applicants for membership after the effective date of this act shall be subject to the approval of the board of trustees.

      Sec.10.  Trustees shall receive $20 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.

      Sec.11.  Notwithstanding any provisions of law to the contrary, the board of trustees is authorized to 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 administration, but without otherwise meeting the requirements of the state purchasing act.

      Sec. 12.  NRS 382.100 is hereby repealed.

      Sec.13.  This act shall become effective upon passage and approval.

 

________

 


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ê1967 Statutes of Nevada, Page 1723ê

 

CHAPTER 545, SB 420

Senate Bill No. 420–Senator Titlow

 

CHAPTER 545

 

AN ACT relating to unincorporated towns; to provide for the establishment of a town board form of government by the board of county commissioners; and providing other matters properly relating thereto.

 

[Approved April 27, 1967]

 

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

do enact as follows:

 

      Section1.  Chapter 269 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec.2.  A town board form of government, for the purpose of governing such town in accordance with the powers specified in this chapter, may be established for any unincorporated town in the State of Nevada. The town board form of government shall be adopted in the manner provided in sections 3 to 5, inclusive, of this act.

      Sec.3.  1.  If the board of county commissioners determines that the best interests of an unincorporated town would be served by adoption of a town board form of government it shall establish a town board for such town as follows:

      (a) Two members of the board of county commissioners shall be appointed to serve on the town board.

      (b) Three persons who are residents, qualified electors and real property owners in the town shall be appointed to serve as members of the town board until successors can be elected at the next general election.

      2.  At the next general election three persons who are residents, qualified electors and real property owners in the town shall be elected by the registered voters of the town to serve as members of the town board.

      Sec.4.  Terms of office of the members of the town board shall be for 2 years and shall begin on the 1st Monday in January following the general election.

      Sec.5.  1.  The town board shall choose one of its members to act as chairman of the town board and one member to act as town clerk. A deputy town clerk may be appointed by the town board, which shall fix his salary.

      2.  The chairman of the town board shall:

      (a) Preside over meetings of the town board.

      (b) Perform other duties assigned to him by the board.

      3.  The town clerk shall:

      (a) Perform the duties required or authorized to be performed by him under the provisions of this chapter.

      (b) Keep a record of the proceedings of the town board.

      (c) Forward a copy of the record of each meeting to the clerk of the board of county commissioners as soon as feasible after such meeting.

      Sec.5.5.  Any ordinance adopted or action taken by a town board shall not take effect or become final until the expiration of 30 days after the clerk of the board of county commissioners has received a copy of the record of the meeting at which such ordinance was adopted or action taken. During this 30-day period the board of county commissioners may by resolution veto such ordinance or action, and if so vetoed, such ordinance or action shall be ineffective for all purposes.


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

ê1967 Statutes of Nevada, Page 1724 (Chapter 545, SB 420)ê

 

by resolution veto such ordinance or action, and if so vetoed, such ordinance or action shall be ineffective for all purposes.

      Sec.6.  If the board of county commissioners determines that the best interests of the town are no longer served by a town board form of government, it may order the question to be put on the ballot at the next general election. If the majority of persons voting favor discontinuance of the town board form of government, the town board shall cease to function at the end of the terms of office of the incumbent members of the town board, and the government of the town and all of its assets and liabilities shall revert to the board of county commissioners.

      Sec.7.  NRS 269.025 is hereby amended to read as follows:

      269.025  1.  The town board or board of county commissioners of any county in this state having jurisdiction of the affairs of any town or city, as in this chapter provided, shall hold a regular meeting in the town offices or in the courthouse at the county seat at least once in each month, on a day previously fixed by the board, for the purpose of transacting the business provided for in this chapter, and shall continue in session from day to day until such business is completed.

      2.  The town board or board of county commissioners may also hold special meetings upon a call of the chairman of the board, or a majority of the members thereof.

      3.  A majority of the town board or board shall be necessary to constitute a quorum, and a vote of the majority of the whole board shall be necessary to carry any question.

      Sec.8.  NRS 269.045 is hereby amended to read as follows:

      269.045  1.  It shall be unlawful for any [trustee of] member of a town board or board of county commissioners acting for any town [or village] to become a contractor under any contract or order for supplies or any other kind of contract authorized by or for the board [of trustees] of which he is a member, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.

      2.  Any person violating the provisions of subsection 1, directly or indirectly, is guilty of a gross misdemeanor and shall forfeit his office.

      Sec.9.  NRS 269.083 is hereby amended to read as follows:

      269.083  1.  When an employee of an unincorporated town other than a department head who has been employed by the unincorporated town for 12 or more months is dismissed from employment he may request within 15 days of the date of dismissal a written statement specifically setting forth the reasons for such dismissal. Within 15 days of the date of such request he shall be furnished such a written statement. Within 30 days after receipt of such written statement, the dismissed employee may, in writing, request a public hearing before the town board or board of county commissioners to determine the reasonableness of such action. The town board or board of county commissioners shall grant the dismissed employee a public hearing within 15 days after receipt of the written request. At the public hearing, technical rules of evidence shall not apply.

      2.  [Boards] Town boards or boards of county commissioners are authorized to enact town ordinances necessary to make effective the purposes of this section.


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

ê1967 Statutes of Nevada, Page 1725 (Chapter 545, SB 420)ê

 

      Sec.10.  NRS 269.100 is hereby amended to read as follows:

      269.100  Whenever there shall be any surplus money in either the fire department fund, general fund, or police department fund, now or hereafter created by virtue of the laws of this state, in any unincorporated town, the [boards] town board or board of county commissioners [of the respective counties] may, and they are authorized and empowered to, transfer such surplus, or any portion thereof, from any one to either of the funds, in the manner and proportion best calculated, in the judgment of the town board or board of county commissioners, to subserve and protect the credit of the other.

      Sec.11.  NRS 269.105 is hereby amended to read as follows:

      269.105  1.  All salaries of officers mentioned in this chapter and all expenses incurred in carrying on any government herein provided for shall be paid out of the general fund of the town or city, to the affairs of which the government relates.

      2.  All claims for such salaries and expenses shall be presented to the town board or board of county commissioners, who shall consider and allow or reject the same, in whole or in part, and a record of their action shall be entered upon their minutes.

      3.  If allowed in whole or in part by a majority vote of all the members composing the [board,] town board or board of county commissioners, the clerk thereof shall certify the claims to the county auditor, who shall thereupon issue his warrant to the holder, substantially in the following form:

 

No..................                                                                 ...............................................  19........

      The county treasurer of …………….County will pay to ………………………………….the sum of……………..dollars, for (stating in general terms the nature of the claim), and charge the same to the general fund of the (town or city of)……………………………..

$.............................                                         ................................................. , County Auditor

The county auditor shall appropriately fill all blanks.

 

      4.  Upon presentation of any warrant, the county treasurer shall immediately pay the same if he has money in his hands sufficient therefor belonging to the fund upon which it is drawn; but, if he has not, he shall endorse on the warrant, “Not paid for want of funds,” adding thereto the date of the endorsement and signing his name officially to the same; and thereafter he shall pay the warrant out of the first money applicable thereto coming into his hands.

      5.  Before 12 m. on the 1st Monday in each month, the county treasurer shall post a notice in a conspicuous place in his office, showing the number and amount of each outstanding warrant, if any, which there is money in the treasury to pay.

      6.  On paying any warrant, the county treasurer shall write across the face thereof, in red ink, “Paid,” with the date of payment, and sign his name officially thereto, and the warrant, thus canceled, shall be a sufficient voucher for the county treasurer for his official settlement, which settlement shall be made in time and manner as provided for settlement for county funds.

      7.  The chairman of the board of county commissioners shall, in addition to such settlement, once a month examine the books and vouchers of the county treasurer concerning the state of the finances in his hands, as mentioned in this chapter, and report the result to the board, which report shall be spread upon the minutes of the board.


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ê1967 Statutes of Nevada, Page 1726 (Chapter 545, SB 420)ê

 

addition to such settlement, once a month examine the books and vouchers of the county treasurer concerning the state of the finances in his hands, as mentioned in this chapter, and report the result to the board, which report shall be spread upon the minutes of the board. Such report shall be delivered to the town boards, if any, created pursuant to sections 2 to 5, inclusive, of this act. Such town boards shall have access, at reasonable times, to the books and vouchers of the county treasurer which relate to the respective towns.

      Sec. 12.  NRS 269.125 is hereby amended to read as follows:

      269.125  1.  In addition to the powers and jurisdiction conferred by other laws, the [boards] town board or board of county commissioners [of the counties of this state] shall have the power and duty to hold, manage, use and dispose of the real and personal property of any unincorporated town or city [in their respective counties,] and the board of county commissioners shall collect all dues and demands belonging to or coming to the same. No sale of any such property shall be made until after it be appraised by three appraiser, taxpayers of the town or city, appointed by a district judge of the county, at the actual market value, nor shall it be sold for less than three-fourths of such appraised value.

      2.  The boards of county commissioners shall have power and jurisdiction in their respective counties to grant to any person, company or association, with the approval of the town board involved, a franchise to construct, maintain and operate a television installation system which requires the use of the property of any unincorporated town in the county or that portion of the unincorporated town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture. The provisions of chapter 709 of NRS shall not be applicable to any franchise granted under the provisions of this subsection, and a member of any board of county commissioners shall be allowed to vote on any such franchise which extends beyond his term of office, irrespective of the provisions of NRS 244.320.

      Sec.13.  NRS 269.140 is hereby amended to read as follows:

      269.140  1.  In addition to the powers and jurisdiction conferred by other laws, the [boards] town board or board of county commissioners [of the counties of this state] shall have the power and duty to institute and maintain any suit or suits in any court or courts necessary in their judgment to enforce and maintain any right or rights of any unincorporated town or city. [in their respective counties.]

      2.  All such suits shall be prosecuted in the name of the town board or board of county commissioners for the use and benefit of the inhabitants of the town or city, and shall be entitled accordingly in all pleadings and proceedings.

      Sec.14.  NRS 269.145 is hereby amended to read as follows:

      269.145  1.  All prosecutions arising under the provisions of this chapter shall be conducted by the district attorney of the county, who shall collect such fees as may be provided by law or ordinance and pay the same to the county treasurer, to be by him distributed to the proper fund.

      2.  The district attorney shall also prosecute and defend all suits brought by or against the town board or board of county commissioners under the provisions of chapter.


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ê1967 Statutes of Nevada, Page 1727 (Chapter 545, SB 420)ê

 

brought by or against the town board or board of county commissioners under the provisions of chapter.

      3.  The town board may appoint a town attorney to act in lieu of the district attorney, in which case the town attorney shall act exclusively in behalf of the town in all civil matters.

      Sec.15.  NRS 269.155 is hereby amended to read as follows:

      269.155  1.  In addition to the powers and jurisdiction conferred by other laws, the [boards] town board or board of county commissioners [of the counties of this state] shall have the power and duty to pass and adopt all ordinances, rules and regulations for any unincorporated town, [in their respective counties,] and do and perform all other acts and things necessary for the execution of the powers and jurisdiction conferred by this chapter.

      2.  All ordinances shall be signed by the chairman of the board of county commissioners, attested by the county clerk and, except as provided in subsection 3, shall be published in full in a newspaper published in and having a general circulation in the county at least once a week for a period of 2 weeks before the same are effective.

      3.  Ordinances relating to the issuance of municipal securities (as that term is defined in Local Government Securities Law) and ordinances adopting any specialized or uniform codes, including but not limited to building, electrical and plumbing codes, printed in book or pamphlet form, may be published by title only, together with the names of the county commissioners voting for or against their passage, in a newspaper published in and having a general circulation in the county, at least once a week for a period of 2 weeks before the same are effective. Publication by title shall also contain a statement to the effect that typewritten copies of the ordinance are available for inspection at the office of the county clerk by all interested persons.

      4.  All ordinances of the town or city in force at the date of the assumption of the town board or board of county commissioners of the powers and duties conferred or imposed by this chapter, and not inconsistent therewith, shall remain in full force and be enforced until changed or repealed by the board.

      Sec.16.  NRS 269.160 is hereby amended to read as follows:

      269.160  In addition to the powers and jurisdiction conferred by other laws, the [boards] town board or board of county commissioners [of the counties of this state] shall have the power and duty to fix and prescribe the punishment for the breach of ordinance made or adopted by the town board or board of county commissioners for any unincorporated town or city, [in their respective counties,] to be enforced within the town or city; but no fines shall be imposed for one offense in a sum greater than $500, and no term of imprisonment shall be more than 6 months, but in lieu of imprisonment any person committed for punishment may be made to work on any public work in the town or city, and to that end a chain gang may be formed, continued and operated.

      Sec.17.  NRS 269.166 is hereby amended to read as follows:

      269.166  1.  In addition to the powers and jurisdiction conferred by other laws, the [boards] town board or board of county commissioners [of the counties of this state] shall have the power to provide for the revision and codification, including such restatements and substantive changes as are necessary for clarity and consistency, of all general ordinances of any unincorporated town, [within the county,] and may provide for the indexing and publication of such ordinances in the form of a town code.


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ê1967 Statutes of Nevada, Page 1728 (Chapter 545, SB 420)ê

 

revision and codification, including such restatements and substantive changes as are necessary for clarity and consistency, of all general ordinances of any unincorporated town, [within the county,] and may provide for the indexing and publication of such ordinances in the form of a town code.

      2.  The ordinances in each town code shall be arranged in appropriate chapters and sections, excluding the titles, enacting clauses, signatures, attestations and other formal parts.

      3.  Copies of the town code and any supplements thereto may be reproduced in printed or typewritten book, pamphlet or looseleaf form, or such other form as the town board or board of county commissioners may determine, and may be sold at a price fixed by resolution of such board. All proceeds from such sales shall be deposited in the general fund of the town.

      4.  The town board or board of county commissioners may employ or contract for the services of professional personnel in preparation of the town code.

      Sec.18.  NRS 269.167 is hereby amended to read as follows:

      269.167  1.  The town code shall be adopted by an ordinance. The only title necessary for such ordinance shall be “An Ordinance enacting a revision and codification of the general ordinances of the town of ………..”

      2.  The proposed town code may be adopted by reference and need not be read aloud to the town board or board of county commissioners if the board:

      (a) Files three or more copies of the proposed code with the town or county clerk at least 1 week before final adoption of the ordinance.

      (b) Publishes a notice of such filing in a newspaper having general circulation in the county at least 1 week before final adoption of the ordinance stating that copies of the proposed code may be examined by the general public at the office of the town or county clerk.

      3.  The ordinance adopting the town code shall be published by title only once a week for a period of 2 weeks in a newspaper having general circulation in the county, and shall state that copies of the code may be examined by the general public at the office of the town or county clerk.

      4.  The ordinance adopting the town code shall take effect after:

      (a) At least 25 copies of the code have been reproduced.

      (b) At least three copies of the code have been filed with the town or county clerk.

      (c) The newspaper publication required by subsection 3 has been completed.

      Sec.19.  NRS 269.169 is hereby amended to read as follows:

      269.169  The town code may, by ordinance regularly passed, adopted and published, be amended or extended. All general ordinances passed after the adoption of a town code shall be amendments or extensions thereof. No section of the code shall be amended by reference only, but the section, as amended, shall be reenacted and published at length. Three copies of any amendment or extension shall be filed with the town or county clerk and two copies of any amendment or extension shall be filed with the librarian of the Nevada state library.

      Sec.20.  NRS 269.170 is hereby amended to read as follows:


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ê1967 Statutes of Nevada, Page 1729 (Chapter 545, SB 420)ê

 

      269.170  In addition to the powers and jurisdiction conferred by other laws, the [boards] town board or board of county commissioners [of the counties of this state] shall have the power in any unincorporated town or city: [in their respective counties:]

      1.  To fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person or firm so licensed, all places of business and amusement so licensed. as follows:

      (a) Artisans, artist, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, undertakers, wood and coal dealers.

      (b) Bootmakers, cobblers, dressmakers, milliners, shoemakers, tailors,

      (c) Boardinghouses, hotels, lodginghouses, restaurants and refreshment saloons.

      (d) Barrooms, gaming, manufacturers of liquors and other beverages, saloons.

      (e) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dancehouses, melodeons, menageries, shooting galleries, skating rinks, theaters.

      (f) Corrals, hayyards, livery and sale stables, wagonyards.

      (g) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies, water companies.

      (h) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.

      (i) Brokers, commission merchants, factors, general agents, mercantile agents, merchants and traders, stockbrokers.

      (j) Drummers, hawkers, peddlers, solicitors.

      (k) Insurance agents who solicit, negotiate or effect contracts of insurance in any of the classifications listed in chapter 681 of NRS, but only for revenue purposes and only if the principal place of business of such agents is located in such unincorporated town or city.

      2.  To fix and collect a license tax upon all professions, trades or business within the town or city not heretofore specified.

      Sec.21.  NRS 269.185 is hereby amended to read as follows:

      269.185  1.  In addition to the powers and jurisdiction conferred upon the town boards or boards of county commissioners by this chapter, such boards shall have the power:

      (a) To regulate traffic upon the streets and alleys of towns or cites governed by such boards pursuant to this chapter.

      (b) To regulate the speed, parking, stopping, turning and operation of all motor vehicles and other vehicles using the streets and alleys.

      (c) To pass and adopt all ordinances, rules and regulations, and do and perform all acts and things necessary for the execution of the powers and jurisdiction by this section conferred.

      2.  The [boards] town board or board of county commissioners shall cause to be displayed, in each school zone where the county has posted a speed limit, signs designing the hours of the day or night or both during which the school zone speed limit is applied.

      Sec. 22.  NRS 269.195 is hereby amended to read as follows:

      269.195  In addition to the powers and jurisdiction conferred by other laws, the [boards] town board or board of county commissioners [of the counties of this state] shall have the power to prohibit the keeping of hogs or the running at large of goats, cows or other animals within the limits of any unincorporated town or city.


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ê1967 Statutes of Nevada, Page 1730 (Chapter 545, SB 420)ê

 

other laws, the [boards] town board or board of county commissioners [of the counties of this state] shall have the power to prohibit the keeping of hogs or the running at large of goats, cows or other animals within the limits of any unincorporated town or city. [in their respective counties.]

      Sec.23.  NRS 269.200 is hereby amended to read as follows:

      269.200  1.  The town board or board of county commissioners [of any county in this state] shall, when petitioned by 25 percent of the taxpayers of any town or voting precinct not maintaining a separate and independent local government, pass an ordinance to prevent the running at large of any horse, mule, ass, kine, hog, sheep or goat in the town or precinct, and provide in the ordinance for the impounding of the animals as estrays and the payment of certain fees and costs before the release of such animals.

      2.  When the ordinance is properly drawn and signed by the chairman of the town board or board of county commissioners, before going into effect it shall be published, for a period of at least 10 days, in some newspaper of general circulation published in the town or precinct, and if there be none, then in some newspaper published in the county. The cost of publication shall be paid by the town or county out of the general fund of the town or county the same as other bills.

      3.  A violation of any such ordinance shall be a misdemeanor.

      Sec.24.  NRS 269.205 is hereby amended to read as follows:

      269.205  In addition to the powers and jurisdiction conferred by other laws, the [boards] town board or board of county commissioners [of the counties of this state] shall have the power to determine what shall be nuisances in any unincorporated town or city, [in their respective counties,] and provide for the punishment, prevention and removal of the same.

      Sec.25.  NRS 269.215 is hereby amended to reads as follows:

      269.215  In addition to the powers and jurisdiction conferred by other laws, the [boards] town board or board of county commissioners [of the counties of this state] shall have the power to prevent, punish and restrain any disorderly conduct. [within any unincorporated town or city in their respective counties.]

      Sec.26.  NRS 269.220 is hereby amended to read as follows:

      269.220  In addition to the powers and jurisdiction conferred by other laws, the [boards] town board or board of county commissioners [of the counties of this state] shall have the power and duty to regulate the storage of gunpowder and other explosive or combustible materials. [within any unincorporated town or city in their respective counties.]

      Sec.27.  NRS 269.227 is hereby amended to read as follows:

      269.227  In order to control rabies and to protect the public health and welfare, any town board or board of county commissioners may enact [for any unincorporated town or city in this state] an ordinance requiring all dog owners to procure inoculation of their dogs against rabies. Such ordinance may contain provisions appropriate to local conditions and may contain any or all of the provisions specifically set forth in subsection 2 of NRS 244.358.

      Sec.28.  NRS 269.235 is hereby amended to read as follows:

      269.235  1.  The town board or board of county commissioners, for the purpose of carrying out the provisions of this chapter, may appoint from the residents [thereof, for each unincorporated town or city in their county,] of an unincorporated town or city one chief of police and as many other peace officers as may be necessary, not exceeding seven.


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ê1967 Statutes of Nevada, Page 1731 (Chapter 545, SB 420)ê

 

the purpose of carrying out the provisions of this chapter, may appoint from the residents [thereof, for each unincorporated town or city in their county,] of an unincorporated town or city one chief of police and as many other peace officers as may be necessary, not exceeding seven. Two-thirds of the peace officers shall be named and appointed by a majority of the board, and one-third by a minority.

      2.  Every such officer shall give bond, in ordinary form of official bonds, in such amount as may be designated by the town board or board of county commissioners.

      3.  The chief of police shall receive for his services such sum as may be fixed by the town board or board of county commissioners not to exceed $250 per month. Other peace officers shall receive for their services such sum as may be fixed by the town board or board of county commissioners not to exceed $225 each per month.

      4.  The peace officers shall be ex office collectors of all licenses and taxes other than property taxes, to be collected for the use of the town or city, and shall exercise such other powers and perform such other duties, including police duties, as my be authorized, directed or required by the town board or board of county commissioners.

      5.  All fees and money collected by any such officer, under any law or ordinance, shall be paid by him to the county treasurer, to be by him distributed to the proper fund of the city or town whence collected.

      Sec.29.  NRS 269.240 is hereby amended to read as follows:

      269.240  1.  The boards of county commissioners of the various counties of this state are empowered to levy and collect a tax of not exceeding one-half of 1 percent upon the assessed value of property within any unincorporated city, town or village, for the benefit of the police department of such city, town or village.

      2.  The board of county commissioners shall prescribe the boundaries within which such tax shall be collected, but such boundaries shall not extend beyond the limits of such city, town or village.

      3.  The tax shall be assessed and collected at the same time and by the same officers who assess and collect state and county taxes, and under the same provisions of law, and shall be paid over to the county treasurer.

      4.  The county treasurer shall keep the moneys in a separate fund to be denominated the police department fund. No money shall be paid out of the police department fund, except by order of the town board or board of county commissioners. The town board or board of county commissioners shall have power to use the police department fund in paying the expenses of such police department within the boundaries of such city, town or village, as prescribed by the county commissioners. Any warrant drawn on the police department fund, when there is not sufficient money in the treasury to pay the whole amount of such warrant, shall be void.

      5.  The town board or board of county commissioners of any county is empowered and required to appoint policemen, not exceeding two in number, in any unincorporated city, town or village, and to fix their compensation. The town or board or board of county commissioners may, at any time, remove such policemen and appoint others in their place, whenever [the] such board shall deem it necessary for the public good. Such policemen shall serve within the limits of such unincorporated cities, towns and villages. The board of county commissioners shall have power to appoint such other special policemen as, in its judgment, the public safety may require, whose compensation shall be fixed by [the] such board, and who shall continue to serve only during the pleasure of [the] such board.


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ê1967 Statutes of Nevada, Page 1732 (Chapter 545, SB 420)ê

 

power to appoint such other special policemen as, in its judgment, the public safety may require, whose compensation shall be fixed by [the] such board, and who shall continue to serve only during the pleasure of [the] such board. Such policemen and special policemen shall, within the limits of such unincorporated cites, town and villages, be invested with all the powers of making arrests which are now exercised, or which may be hereafter exercised, by peace officers according to the laws of this state, and within the limits of any unincorporated cities, towns and villages, as aforesaid.

      6.  The provisions of this section shall not be enforced, or have effect, in any city, town or village within this state, unless a majority of the property holders of such city, town or village shall petition to the board of county commissioners of the county wherein such city, town or village is situated, setting forth the following facts:

      (a) That the petition contains the names of the majority of the property holders of such city, town or village, as the case may be.

      (b) That they request the appointment of such policemen and the levying of a tax of one-half of 1 percent as a compensation therefor, as provided in this section.

      7.  Upon the presentation of a petition, in compliance with the provisions of subsection 6, the board of county commissioners in which county such city, town or village is situated shall levy the tax and the town board or board of county commissioners shall make the appointment of one or more policemen, in accordance with the request of the petition.

      Sec.30.  NRS 269.250 is hereby amended to read as follows:

      269.250  1.  In addition to the powers and jurisdiction conferred by other laws, the [boards] town board or board of county commissioners [of the counties of this state] shall have the power and duty in any unincorporated town or city in their respective counties:

      (a) To provide for the prevention and extinguishment of fires.

      (b) To organize, regulate, establish and disband fire companies or fire departments.

      (c) To provide for the payment of fire companies or fire departments, and the appointment and payment of officers thereof.

      2.  All payments authorized under the provisions of subsection 1 shall be made from the separate fund of the city or town where service is performed or required when such fire company or department operates in the city or town alone, and if used outside of the city or town the board of county commissioners may provide for contribution from general county funds if provided for in the county budget.

      3.  A majority of the town board or board of county commissioners shall name and appoint two-thirds of all such officers and employees, and the minority thereof shall name and appoint one-third.

      4.  The fire chief and the personnel of the fire department shall receive such compensation as the town board or board of county commissioners shall prescribe.

      Sec.31.  NRS 269.255 is hereby amended to read as follows:

      269.255  1.  The boards of county commissioners of the various counties of this state are empowered to levy and collect a tax of not exceeding 1.5 percent upon the assessed value of the property within any unincorporated town for the benefit of the fire department in such town.


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ê1967 Statutes of Nevada, Page 1733 (Chapter 545, SB 420)ê

 

any unincorporated town for the benefit of the fire department in such town.

      2.  The county commissioners shall prescribe the boundaries within which such tax shall be collected, but such boundaries shall not extend beyond the limits of such unincorporated town, village or city.

      3.  The tax shall be assessed in the same manner and subject to the provisions of the general laws for the assessment and collection of taxes, and collected at the same time and by the same officers who assess and collect the state and county taxes, and shall be paid over to the county treasurer.

      4.  The county treasurer shall keep the moneys in a separate fund to be denominated the fire department fund. No money shall be paid out for the fire department fund except by order of the town board or board of county commissioners. The town board or board of county commissioners shall use the fire department fund to aid in sustaining the fire companies within the boundaries of the town, as prescribed by the town board or board of county commissioners. No debt is authorized by this section to be made. Any warrant drawn on the fire department fund when there is not sufficient money in the treasury to pay the whole amount of the warrant shall be void.

      Sec. 32.  NRS 269.260 is hereby amended to read as follows:

      269.260  1.  The policemen appointed under the provisions of NRS 269.240 shall be ex officio fire wardens of the unincorporated cites [, towns or villages] or towns for which they are acting as policemen.

      2.  The fire wardens shall:

      (a) In the daytime, examine all houses, buildings or superstructures within the city [, town or village] or town where they are acting as fire wardens and policemen, and ascertain from personal examination the condition of all the chimneys, stovepipes, stoves, flues, ranges, grates, furnaces or other articles, or anything used in the houses, buildings or superstructures in which to hold fire or to conduct the smoke from any fire.

      (b) When any of the articles or fixtures mentioned in paragraph (a) of this subsection are found to be so defective in make or material, or so situated as to endanger any of the property of the city [, town or village,] or town, or the property of any of the inhabitants thereof, to loss from fire by or on account of any of the defects, notify in writing the owner or occupant of the house, building or superstructure where such defective chimney, flue, stovepipe of other article is situated to repair the same, so as to prevent danger from fire to the property in the city [, town or village.] or town.

      (c) Direct the manner in which the repairs required by the provisions of paragraph (b) of this subsection shall be made.

      (d) Under the direction of the chief engineer of the fire department, where there is one, and where there is no chief engineer of a fire department in a city [, town or village,] or town, then under the direction of the town board or board of county commissioners, examine streets, alleys, outlots and the surrounding of houses and buildings in such city [, town or village] or town where they are acting as fire wardens, and direct the removal, by the owner of the premises, of any inflammable matter or material found thereon.


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ê1967 Statutes of Nevada, Page 1734 (Chapter 545, SB 420)ê

 

      (e) Generally, perform such duties as directed by the town board or board of county commissioners or the chief of the fire department in the city [, town or village,] or town, to protect fully the property of such city [, town or village] or town from loss by conflagration.

      Sec.33.  NRS 269.400 is hereby amended to read as follows:

      269.400  As used in NRS 269.405 to 269.470, inclusive, [:

      1.  “Town”] “town” means an unincorporated town or city in the State of Nevada having a population of less than 7,500, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      [2.  “Town board” means the board of county commissioners acting as the town board for an unincorporated town as defined in subsection 1 within its county.]

      Sec.34.  NRS 269.405 is hereby amended to read as follows:

      269.405  The town board or board of county commissioners shall have the power, in addition to other powers conferred upon [the town board] such boards by this chapter or otherwise:

      1.  To lay out, extend, change the grade, open and alter the highways, streets and alleys within the town.

      2.  To require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning and repairing, lighting, surfacing and resurfacing, and widening of any highway, street or alley, or in any way whatsoever to improve the same.

      3.  To provide for the purchase, construction, improvement, maintenance and preservation of town parks, swimming pools, tennis courts, public buildings, structures and facilities for recreation and entertainment purposes, and the purchase of sites for all such purposes.

      4.  To provide for construction, repair, maintenance and preservation of sidewalks, crossings, bridges, drains, underground irrigation pipes, water mains, curbs, gutters and storm sewers.

      5.  To provide for the purchase, construction, repair, maintenance and preservation of sanitary sewage facilities, sanitary sewer systems and water systems, and the purchase of sites therefor.

      6.  To provide for the maintenance, repair, alteration, improvement, construction and preservation of all town buildings and property not herein mentioned.

      7.  To make any other public improvement of any nature, including the purchase and construction of such buildings, structures, edifices and facilities as the town board may deem appropriate.

      Sec.35.  NRS 269.410 is hereby amended to read as follows:

      269.410  1.  The town board or board of county commissioners shall have the power to issue general obligation bonds for such public improvements and facilities (such bonds being in NRS 269.415 to 269.470, inclusive, merely designated “the bonds”) at one time or from time to time.

      2.  The authority to issue general obligation bonds conferred by the provisions of NRS 269.400 to 269.470, inclusive, shall be deemed to be independent and complete, and general obligation bonds may be issued under NRS 269.400 to 269.470, inclusive, without regard to other provisions or sections of this chapter or Nevada Revised Statutes concerning the issuance of bonds.


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ê1967 Statutes of Nevada, Page 1735 (Chapter 545, SB 420)ê

 

      3.  The total general bonded indebtedness of a town shall at no time exceed an amount equal to 25 percent of the total of the last assessed valuation of taxable property situated within the town.

      Sec.36.  NRS 269.415 is hereby amended to read as follows:

      269.415  1.  Before issuing general obligation bonds the town board or board of county commissioners shall call by resolution for the submission of a question authorizing the issuance of the bonds at a general or special election. If an election is called the town board or board of county commissioners shall cause to be published a notice at least once a week, for at least 3 consecutive weeks, by three publications, in some newspaper of general circulation within the town.

      2.  The notice shall state:

      (a) The date of the election.

      (b) The amount and purpose of the proposed bond issue.

      (c) The maximum interest rate the bonds shall bear.

      3.  Notwithstanding any other provision of this chapter, all general obligation bond elections under NRS 269.400 to 269.470, inclusive, shall be conducted and canvasses pursuant to NRS 350.020 to 350.070, inclusive.

      Sec.37.  NR 269.425 is hereby amended to read as follows:

      269.425  The town board or board of county commissioners shall provide for the payment of the bonds and the interest thereon at the time of the regular tax levy for state, county and city purposes, by levying an additional tax upon the property, real and personal, within the limits of the town, sufficient to pay the principal of and the interest on the bonds as the same become due. The taxes shall be assessed and collected the same as other taxes paid to the county treasurer and placed in a fund appropriately designated and solely used for the redemption of the principal of and the interest on the bonds and any prior redemption premium due in connection therewith.

      Sec.38.  NRS 269.430 is hereby amended to read as follows:

      269.430  1.  The bonds and the interest thereon may be additionally secured by a pledge of all or a part of the revenues, if any, derived from the operation of the public improvement of facilities obtained with the proceeds of such bonds, and the revenues derived from any enlargement, extension or improvement thereof, theretofore made or thereafter to be made.

      2.  If the town does not enter into such a pledge the town board [,] or board of county commissioners, nevertheless, may apply such revenues, at its discretion, to the payment of such bonds.

      Sec.39.  NRS 269.440 is hereby amended to read as follows:

      269.440  The bonds of any series under NRS 269.400 to 269.470, inclusive, shall:

      1.  Be of convenient denominations;

      2.  Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment either as to principal alone, or as to interest, or as to both principal and interest;

      3.  Be issued at one time or from time to time in one series or more;

      4.  Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 30 years from the date of the bonds, commencing not later than 3 years therefrom, and in substantially equal amounts of principal, or upon an amortization plan for such bonds so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on the bonds, or upon an amortization plan for all general obligation bonds of the town so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all outstanding bonds of the town (excluding any general obligation bonds also payable from pledged revenues), except that the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or upon any other plan as the town board or board of county commissioners may determine;

 


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ê1967 Statutes of Nevada, Page 1736 (Chapter 545, SB 420)ê

 

amounts of principal, or upon an amortization plan for such bonds so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on the bonds, or upon an amortization plan for all general obligation bonds of the town so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all outstanding bonds of the town (excluding any general obligation bonds also payable from pledged revenues), except that the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or upon any other plan as the town board or board of county commissioners may determine;

      5.  Bear interest at a rate or rates of not more than 6 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;

      6.  Have interest coupons attached in such manner that they may be removed upon the payment of the installments of interest without injury to the bonds;

      7.  Be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada, as may be provided by the town board [;] or board of county commissioners; and

      8.  Be printed at such place or places, within or without the state, as the town board or board of county commissioners may determine.

      Sec.40.  NRS 269.445 is hereby amended to read as follows:

      269.445  Any ordinance authorizing the issuance of any bond services may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, as the town board or board of county commissioners may determine and state therein.

      Sec.41.  NRS 269.450 is hereby amended to read as follows:

      269.450  1.  The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the town board or board of county commissioners in the ordinance or ordinances authorizing the bonds, except as otherwise provided in NRS 269.400 to 269.470, inclusive.

      2.  Pending preparation of the definitive bonds, temporary bonds in such form and with such provisions as the town board or board of county commissioners may determine may be issued.

      3.  Subject to the payment provisions expressly provided in NRS 269.400 to 269.470, inclusive, the bonds, any interest coupons thereto attached, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities.

      Sec. 42.  NRS 269.455 is hereby amended to read as follows:

      269.455  Notwithstanding any other provision lf law, the town board or board of county commissioners in any proceedings authorizing bonds under NRS 269.400 to 269.470, inclusive, may:


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ê1967 Statutes of Nevada, Page 1737 (Chapter 545, SB 420)ê

 

      1.  Provide for the initial issuance of one or more bonds (in this section called “bond”) aggregating the amount of the entire issue or any portion thereof.

      2.  Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.

      3.  Make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations.

      Sec. 43.  NRS 269.460 is hereby amended to read as follows:

      269.460  1.  If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner’s furnishing, to the satisfaction of the town board [:] or board of county commissioners:

      (a) Proof of ownership:

      (b) Proof of loss or destruction;

      (c) A surety bond in twice the face amount of the bond and coupons; and

      (d) Payment of the cost of preparing and issuing the new bond.

      2.  Any other bond may be reissued upon such conditions as the town board or board of county commissioners may determine.

      Sec.44.  NRS 271.115 is hereby amended to read as follows:

      271.115  1.  “Governing body” means the city council, city commission, board of commissioners, board of trustees, board of directors, or other legislative body of the public body proceeding hereunder in which body the legislative powers of the public body are vested.

      2.  In the case of an unincorporated city or town, “governing body” means the board of county commissioners or, if appropriate, the town board.

      Sec.45.  NRS 365.560 is hereby amended to read as follows:

      365.560  1.  The receipts of the tax as levied in NRS 365.190 shall be allocated monthly by the tax commission to the counties in which the tax payment originates.

      2.  Such receipts shall be apportioned between the county, towns with the town boards as organized under sections 2 to 5, inclusive, of this act and incorporated cities within the county from the general road fund of the county in the same ratio as the assessed valuation of property within the boundaries of [the] such town or incorporated cities within the county bears to the total assessed valuation of property within the county, including property within the towns or incorporated cities.

      3.  All such money so apportioned to a county shall be expended by the county solely for the construction, maintenance and repair of the public highways of the county and for the purchase of equipment for such work, and shall not be used to defray the expenses of administration.

      4.  All such money so apportioned to towns or incorporated cites shall be expended only upon the streets, alleys and public highways of such town or city, other than state highways, under the direction and control of the governing body of the town or city.

      Sec.46.  (Deleted by amendment.)


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ê1967 Statutes of Nevada, Page 1738 (Chapter 545, SB 420)ê

 

      Sec.47.  NRS 484.080 is hereby amended to read as follows:

      484.080  Pursuant to the power granted in NRS 269.185, the [boards] town board or board of county commissioners [of the various counties] may, by ordinance, limit the speed of motor vehicles in any unincorporated town or city in the county as may be deemed proper, but the maximum speed of any motor vehicle within the boundaries of any unincorporated town or city in this state shall not exceed 50 miles per hour under any such ordinance.

      Sec.48.  NRS 710.430 is hereby amended to read as follows:

      710.430  1.  Before issuing bonds, the board of county commissioners acting in behalf of [as] the city or town [board] shall publish a notice for at least 3 consecutive weeks in some daily newspaper published in the city or town, calling for a special election by the legally qualified electors of such city or town, to determine whether such bonds shall issue. If there is no daily newspaper published in the city to town, the notice shall be posted in at least three conspicuous places within the limits of the city or town for 3 consecutive weeks. If there is a weekly newspaper in the town or city or any other newspaper published in the city or town not being a daily newspaper, the notice shall also be published in each issue of such newspaper during the period prescribed herein for the posting of the notice.

      2.  The notice shall state specifically:

      (a) The amount of the proposed bond issue.

      (b) The rate of interest the bonds are to bear.

      (c) The time and manner of their payment.

      (d) That the bonds are for the construction of purchase of a sewerage system, light system, water system, combined light and water system, or combined sewerage, light and water system, as the case may be.

      3.  The board of county commissioners shall call, hold and provide for, in the manner required by law, a special election, as provided for in subsections 1 and 2, upon a petition signed by electors residing within the city or town equal in number to at least 20 percent of the entire vote cast at the last preceding election held in the town or city in which the special election is to be held.

      Sec.49.  NRS 710.450 is hereby amended to read as follows:

      710.450  If a majority of all the votes cast are in favor of the issue of the bonds, the board of county commissioners, acting [as] in behalf of the city or town, [board,] shall proceed at once to issue them as rapidly as needed, in conformity with the provisions of NRS 710.400 to 710.590, inclusive.

      Sec.50.  NRS 710.490 is hereby amended to read as follows:

      710.490  1.  The bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds.

      2.  The bonds shall be signed by the chairman of the board of county commissioners, acting [as] in behalf of a city or town, [board,] and countersigned by the clerk of the board.

      3.  The bonds shall be distinctly known as a sewerage bonds, light bonds, water bonds, water and light bonds, or water, light and sewerage bonds, as appropriate, and the name of the town or city issuing the bonds shall be inserted before the words designating the character thereof.


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ê1967 Statutes of Nevada, Page 1739 (Chapter 545, SB 420)ê

 

      Sec.51.  NRS 710.540 is hereby amended to read as follows:

      710.540  For the purpose of further providing for the payment of the principal and interest upon the bonds authorized to be issued under NRS 710.400 to 710.590, inclusive, at the time and in the manner specified in NRS 710.400 to 710.590, inclusive, and in such bonds respectively, the board of county commissioners, acting [as] in behalf of a town or city, [board,] and the successors of such county commissioners (meaning any municipal government of such town or city which may succeed to the control and management of the systems or any of the systems acquired under the provisions of NRS 710.400 to 710.590, inclusive) shall have the power and the board shall:

      1.  Fix the rates of service of the systems or any of the systems acquired under the provisions of NRS 710.400 to 710.590, inclusive, to the inhabitants of such towns or cities.

      2.  Adopt ordinances regulating the manner and use by such inhabitants of the systems or any of the systems so acquired.

      3.  Collect the rates so fixed in the manner prescribed by the law of the city for the collection of delinquent taxes or by a proceeding in the nature of a civil action, brought in the name of the board of county commissioners of the county wherein the cause of action arises.

      4.  Enforce the collections of such rates from delinquents in the manner provided by law.

      Sec. 52.  NRS 710.570 is hereby amended to read as follows:

      710.570  1.  In all cases wherein such sewerage systems, light systems, water systems, water and light systems, or sewerage, light and water systems are constructed or acquired under the provisions of NRS 710.400 to 710.590, inclusive, in such unincorporated cities and towns, and such cities and towns are afterward incorporated, the control and management of such systems shall at once be vested in the municipal governments of such cities and towns.

      2.  In case such cities and towns shall be incorporated while the work of construction is in progress, the work shall nevertheless be carried on to completion by the board of county commissioners, and, when completed, such system shall be turned over to the city or town government as soon as it shall have been organized, and it shall have control and management thereof. In such case it shall then be the duty of such city or town government to provide for the payment of the principal and interest on the bonds, when the revenues from the service of such systems shall be insufficient therefor, by the levy and collection of taxes as provided in NRS 710.400 to 710.590, inclusive.

      3.  The county treasurer shall have the custody of the sewerage, light, water, light and water, or sewerage, light and water funds, and he shall turn such funds over to the city treasurer immediately upon the qualification of the city treasurer. The bonds, principal and interest shall then be paid by the city government in all respects as prescribed for their payment by the board of county commissioners acting [as] in behalf of city or town. [board.] Whatever may be the designation of the board of control of such incorporated city or town, it shall succeed to all the powers and privileges conferred on the board of county commissioners by the provisions of NRS 710.400 to 710.590, inclusive.


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ê1967 Statutes of Nevada, Page 1740 (Chapter 545, SB 420)ê

 

      Sec.53.  NRS 269.276 to 269.395, inclusive, are hereby repealed.

      Sec.54.  This act shall become effective at 12:01 a.m. on July 1, 1967.

 

________

 

 

CHAPTER 546, AB 281

Assembly Bill No. 281–Mr. Kean

 

CHAPTER 546

 

AN ACT relating to the acquisition of property for future highway needs; to establish an agency and to provide for the financing of such acquisitions; and providing other matters properly relating thereto.

 

[Approved April 27, 1967]

 

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

do enact as follows:

 

      Section1.  Title 35 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 16, inclusive, of this act.

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

      Sec.3.  “Agency” means the advance right-of-way acquisition and management agency.

      Sec.4.  “Department” means the department of highways of the State of Nevada.

      Sec.5.  “Engineer” means the state highway engineer.

      Sec.6.  “Fund” means the advance right-of-way acquisition and management fund.

      Sec.7.  “Highway” includes roads, bridges, structures, culverts, curbs, drains and all buildings communication facilities, services and works incidental to highway construction, improvement and maintenance required, laid out, constructed, improved or maintained as such pursuant to constitutional or legislative authorization.

      Sec.8.  “Right-of-way” means real or personal property or any interest therein acquired for or devoted to highways, whether or not the entire area of such land is actually used for highway purposes.

      Sec.9.  1.  The legislature hereby determines and declares that:

      (a) Continuous planning for future needs is essential to an adequate state highway system.

      (b) The purchase and holding of property for future highway needs is essential to adequate and efficient planning of future highways.

      (c) The purchase of rights-of-way in advance of actual construction, reconstruction or improvement of highways tends to prevent sudden changes in land values and excessive costs for land.

      2.  To this end, it is the express intent of the legislature to provide sufficiently broad authority for the state to acquire and hold real and personal property for future highway needs.

      3.  The advance acquisition and holding of property for future highway needs is hereby declared to be a public use.


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ê1967 Statutes of Nevada, Page 1741 (Chapter 546, AB 281)ê

 

      Sec.9.5.  It is not the intent of the legislature by enacting this chapter to authorize the agency or the department to acquire or retain any land for which no highway use is projected.

      Sec.10.  1.  The advance right-of-way acquisition and management agency is hereby created to supervise the administration of the provisions of this chapter. The agency shall consist of the secretary of state, the chief of the budget division of the department of administration, the state highway engineer, the director of the department of commerce and the director of the division of assessment standards of the Nevada tax commission.

      2.  The agency, with the approval of a majority of its members, may acquire by purchase or condemnation any real or personal property which the engineer deems necessary for improvements or future needs of the state highway system.

      3.  The engineer may act as agent for the agency to acquire such property in the name of the agency.

      Sec.11.  1.  There is hereby created the advance right-of-way acquisition and management fund in the state treasury. All payments for property acquired by the agency pursuant to this chapter shall be made from such fund and all proceeds from the sale of such property shall be deposited in such fund. Moneys in the fund shall not revert to the general fund and may only be used as provided in this chapter.

      2.  Moneys may be provided to the fund by:

      (a) Direct legislative appropriation.

      (b) Transfer at the discretion of the board of directors of the department of highways from the state highway fund.

      (c) Loan from the public employees’ retirement fund at such reasonable rate of interest, not to exceed the average rate of interest earned by the retirement fund from authorized investments under NRS 286.750 and 286.790, over the next preceding year prior to the making of the loan, as may be approved by the state board of examiners. The amount of loans outstanding from the public employees’ retirement fund shall not, at any one time, exceed 5 percent of the available assets of the public employees’ retirement fund. The agency shall secure such loans by pledging the full faith and credit of the State of Nevada.

      (d) Loan from the state insurance fund at such reasonable rate of interest, not to exceed the average rate of interest earned by the state insurance fund from authorized investments under NRS 616.4978 and 616.4982, over the next preceding year prior to the making of the loan, as may be approved by the state board of examiners. The amount of loans outstanding from the state insurance fund shall not at any one time exceed 5 percent of the available assets of the state insurance fund. The agency shall secure such loans by pledging the full faith and credit of the State of Nevada.

      (e) Federal financial assistance to the extent that such assistance is available.

      Sec. 12.  1.  When property is acquired pursuant to this chapter, the purchase price shall be paid by the agency, and title to the property shall be taken in the name of the agency.

      2.  Agreements entered into for the acquisition of property by the agency shall provide that the department may purchase such property from the agency at any time prior to the awarding of a highway improvement or construction contract utilizing such property.


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ê1967 Statutes of Nevada, Page 1742 (Chapter 546, AB 281)ê

 

from the agency at any time prior to the awarding of a highway improvement or construction contract utilizing such property.

      Sec.13.  1.  During the time that title to property acquired pursuant to this chapter is held by the agency, the department, or its authorized agent, shall have the exclusive control and management of such property. All rents and all other income accruing from the use or other employment of such property shall be deposited in the advance right-of-way acquisition and management fund.

      2.  The agency, upon the recommendation of the engineer, shall authorize the payment of interest, insurance premiums and costs of maintaining such property, while under the control of the department, from the fund.

      3.  The department shall be responsible for any liability arising in connection with the management and control of such property.

      Sec.14.  1.  The department may purchase property from the agency in compliance with such agreements entered into pursuant to the terms of this chapter.

      2.  Title in such property shall be taken in the name of the State of Nevada.

      3.  The engineer may use any funds available to the department for the purchase of such property from the agency.

      Sec.15.  The purchase price authorized to be paid by the department to the agency for such property shall be a sum consisting of the original cost of acquisition to the agency plus all interest paid or accrued on the funds borrowed, less any net rents or other net income earned from the property.

      Sec.16.  If the department has purchased property from the agency or elsewhere pursuant to this chapter and such property, or any portion thereof, is no longer required for highway purposes, the engineer may sell such property or the portion not required, subject to NRS 408.999. No property acquired pursuant to this chapter may be held by either the agency or the department, unless used for highway purposes, after the expiration of 10 years from the date of its acquisition by the agency unless such retention is authorized as to such property by specified description by a concurrent resolution of the legislature.

      Sec.17.  Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The board may invest and reinvest the moneys in its funds in direct loans to the advance right-of-way acquisition and management fund, secured by the full faith and credit of the State of Nevada pursuant to section 11 of this act.

      2.  Notwithstanding contrary restrictions set forth in this chapter, the board may loan up to 100 percent of the purchase price of the property to be acquired by the agency pursuant to sections 2 to 16, inclusive, of this act.

      Sec.18.  NRS 408.265 is hereby amended to read as follows:

      408.265  [All] Except as provided in section 11 of this act, all moneys received from the Government of the United States and by virtue of the provisions of any Act of Congress for the engineering, planning, surveying, acquiring of property, constructing, reconstructing, or improving of any highway in the state shall be put into the state treasury and become a part of the state highway fund and such fund shall not be used for any other purpose.


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ê1967 Statutes of Nevada, Page 1743 (Chapter 546, AB 281)ê

 

become a part of the state highway fund and such fund shall not be used for any other purpose.

      Sec.19.  NRS 408.999 is hereby amended to read as follows:

      408.999  1.  All real property, interests therein or improvements thereon and personal property heretofore or hereafter acquired in accordance with the provisions of NRS 408.970 and sections 2 to 16, inclusive, of this act shall, after board approval, be disposed of by the engineer in accordance with the provision of this section, when such property is found to be no longer required for highway purposes or for other reasonable public use, for not less than such sums of money as may be determined by the board to be for the best interests of the state, except that:

      (a) When such property was originally donated to the state, then no charge shall be made for the same if returned to the original owner or to the holder of the reversionary right.

      (b) When such property has been wholly or partially paid for by towns, cities, or counties, then disposal of the same and of money received therefor shall be agreed upon by the governing bodies of the towns, cities and counties and the department.

      (c) When the title to such real property has been acquired in fee under NRS 408.970 and, in the opinion of the board, such property cannot be sold by means of public auction or sealed bids without working an undue hardship upon a property owner either as a result of a severance of the property of such owner or a denial of access to a public highway, the board may first offer such property to such owner at a price determined by the board to be in the best interest of the state.

      (d) When the title to such property has been acquired under sections 2 to 16, inclusive, of this act, the board shall give notice of its intention to dispose of such property by publication in a newspaper of general circulation in the county where such property is situated. The notice shall include the board’s appraisal of the fair market value of the property. Any person from whom such property was purchased, or any person who has acquired such vendor’s rights in the premises by descent, devise or purchase, may purchase such property from the board within 60 days after the date of such notice at such fair market value.

      2.  All such property, interests or improvements shall be sold by the department to the highest bidder bidding for such property either at public auction or by sealed bids, the notice of which and terms of which shall be published in a newspaper of general circulation in the county where such property is situated. Such auctions and bid openings shall be conducted by the department.

      3.  It shall be conclusively presumed in favor of any purchaser for value and without notice of any such real property, interest therein or improvement thereon conveyed pursuant to this chapter that the department acted within its lawful authority in acquiring and disposing of such property, and that the engineer acted within his lawful authority in executing any conveyance vesting title in such purchaser. All such conveyances shall be quitclaim in nature and the department shall not warrant title, furnish title insurance or United States documentary stamps.

      4.  [All] Except as provided in section 16 of this act, all sums of money received by the department for the sale of such real and personal property shall be deposited with the state treasurer to be credited to the state highway fund, [except where] unless the Bureau of Public Roads participated in acquisition of the property, in which case a pro rata share of the moneys obtained by disposal of the property shall be paid to the Bureau of Public Roads.


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ê1967 Statutes of Nevada, Page 1744 (Chapter 546, AB 281)ê

 

state highway fund, [except where] unless the Bureau of Public Roads participated in acquisition of the property, in which case a pro rata share of the moneys obtained by disposal of the property shall be paid to the Bureau of Public Roads.

      Sec.20.  Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      To facilitate the advance acquisition of property for highway purposes, the board may in its discretion transfer moneys from the state highway fund to the advance right-of-way acquisition and management fund to be used as provided in sections 2 to 16, inclusive, of this act.

      Sec.21.  Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The commission may invest and reinvest the moneys in its funds in direct loans to the advance right-of-way acquisition and management fund, secured by the full faith and credit of the State of Nevada pursuant to section 11 of this act.

      2.  Notwithstanding contrary restrictions set forth in this chapter, the commission may loan up to 100 percent of the purchase price of the property to be acquired by the agency pursuant to sections 2 to 16, inclusive, of this act.

      Sec. 22.  This act shall become effective only if assurance that a proportionate part of the funds required by the department of highways for purchases from the advance highway acquisition and management division of the State of Nevada, including interest and costs of management, will be reimbursable from federal funds under a Federal-Aid Highway Act, or any other Act of Congress under which the state is entitled to such reimbursement, is secured by the department of highways. If such assurance is received, this act shall become effective on the date of receipt of such assurance.

 

________

 

 

CHAPTER 547, SB 170

Senate Bill No. 170–Senator Alleman

 

CHAPTER 547

 

AN ACT relating to public securities and obligations; authorizing counties and cities to issue revenue bonds to finance industrial development projects and to lease such projects; prescribing details in connection therewith; and providing other matters properly relating thereto.

 

[Approved April 27, 1967]

 

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

do enact as follows:

 

      Section1.  Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 28, inclusive, of this act.

      Sec.2.  Sections 2 to 28, inclusive, of this act may be cited as the County Economic Development Revenue Bond Law.

      Sec.3.  Whenever used in sections 2 to 28, inclusive, of this act, unless a different meaning clearly appears from the context, the following words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in sections 4 to 7, inclusive, of this act.


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ê1967 Statutes of Nevada, Page 1745 (Chapter 547, SB 170)ê

 

have the meanings ascribed to them in sections 4 to 7, inclusive, of this act.

      Sec.4.  “Board” means the board of county commissioners.

      Sec.5.  “Bonds” or “revenue bonds” means bonds, notes or other securities evidencing an obligation and issued under sections 2 to 28, inclusive, of this act.

      Sec.6.  “Mortgage” includes a deed of trust and any other security device for both real and personal property.

      Sec.7.  “Project” means any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for manufacturing, industrial or research and development enterprises.

      Sec.8.  1.  It is the intent of the legislature to authorize counties to acquire, own, lease, improve and dispose of properties to the end that such counties may be able to promote industry and develop trade by inducing manufacturing, industrial and research and development enterprises to locate in or remain in this state, in order to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing and maintaining a balanced and stable economy in all parts of this state and in furthering the use of its agricultural products and natural resources. It is, therefore, the intention of the legislature to vest such counties with all powers that may be necessary to enable them to accomplish such purposes, which powers shall in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.

      2.  It is not intended hereby that any county shall itself be authorized to operate any such manufacturing, industrial or research and development enterprise.

      3.  No county may by virtue of sections 2 to 28, inclusive, of this act assist any manufacturing, industrial or research and development enterprise to locate in the county which would offer substantial competition to an existing enterprise within the county whose intrastate markets are substantially the same.

      4.  Sections 2 to 28, inclusive, of this act shall be liberally construed in conformity with this declaration of purpose.

      Sec.9.  In addition to any other powers which it may now have, each county shall have the following powers:

      1.  To acquire, whether by construction, purchase, gift, devise, lease or sublease, to improve and equip, and to sell or otherwise dispose of, one or more projects or part thereof. Such projects, upon completion of such acquisition, shall be located within the county.

      2.  To lease to others any or all of its projects for such rentals and upon such terms and conditions as the board may deem advisable.

      3.  To issue revenue bonds for the purpose of defraying the cost of acquiring, improving and equipping any project including the payment of principal and interest on such bonds for not exceeding 3 years and all other incidental expenses incurred in issuing such bonds.

      4.  To secure payment of such bonds as provided in sections 2 to 28, inclusive, of this act.

      Sec.9.5.  Before availing itself of the powers conferred by section 9 of this act with respect to any project, a board of county commissioners shall:

 


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ê1967 Statutes of Nevada, Page 1746 (Chapter 547, SB 170)ê

 

of this act with respect to any project, a board of county commissioners shall:

      1.  Give notice of its intention by publication at least once in a newspaper of general circulation published in the county, or if there is no such newspaper then in a newspaper of general circulation in the county published in the state; and

      2.  Hold at least one public hearing, not less than 10 nor more than 20 days after the date of publication of the notice.

      Sec.9.7.  After holding a public hearing or hearings, as provided in section 9.5 of this act, the board of county commissioners shall proceed no further unless or until it:

      1.  Determines the total amount of money necessary to be provided by the county for the acquisition, improvement and equipment of the project;

      2.  Determines that the contemplated lessee or purchaser has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease or purchase contract meanwhile, until the point of profitable operation is reached;

      3.  Determines that the revenue which can reasonably be expected to be derived from normal operation of the facility under normal economic conditions is sufficient with a suitable margin of safety to meet the obligations of a lease or purchase contract which in turn will meet in full the debt service requirements of a bond issue to provide the amount of money determined pursuant to subsection 1; and

      4.  If any part of the project or improvements is to be constructed by a lessee or a lessee’s designee, provides sufficient safeguards to assure that all money provided by the county will be expended solely for the purposes of the project. Such provision shall include the requirement that any plans not prepared by or under the immediate direction of an appropriate officer of the county be submitted to the board of county commissioners for approval before a commitment is made to finance the project. The board shall consider in reviewing such plans whether the completed project will meet the economic requirements of subsections 2 and 3.

      Sec.10.  1.  All bonds issued by a county under the authority of sections 2 to 28, inclusive, of this act shall be special, limited obligations of the county. The principal of and interest on such bonds shall by payable, subject to the mortgage provisions herein, solely out of the revenues derived from the leasing of the project to be financed by the bonds.

      2.  The bonds and interest coupons, if any, appurtenant thereto shall never constitute the debt or indebtedness of the county within the meaning of any provision or limitation of the constitution of the State of Nevada or statutes, and shall not constitute nor give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers. Such limitation shall be plainly stated on the face of each such bond.

      Sec.11.  1.  The bonds shall:

      (a) Be authorized by ordinance;

      (b) Be in such denominations;

      (c) Bear such date or dates;

      (d) Mature at such time or times not exceeding 40 years from their respective dates;


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ê1967 Statutes of Nevada, Page 1747 (Chapter 547, SB 170)ê

 

      (e) Bear such interest at a rate or rates not exceeding 7 percent per annum;

      (f) Be in such form;

      (g) Carry such registration privileges;

      (h) Be executed in such manner;

      (i) Be payable at such place or places within or without the state; and

      (j) Be subject to such terms of redemption,

as the authorizing ordinance may provide.

      2.  The bonds may be sold in one or more series at par, or below or above par, in such manner and for such price or prices as the county, in its discretion, shall determine. As an incidental expense of the project, the county, in its discretion, may employ financial and legal consultants in regard to the financing of the project.

      3.  The county may exchange all or a part of its bonds for all or an equivalent part of the project for which the bonds are issued, the exchange to be preceded by determination of the fair value of the project or part of the project exchanged for the bonds. Such determination shall be by ordinance and shall be conclusive.

      4.  The bonds shall be fully negotiable under the terms of the Uniform Commercial Code-Investment Securities.

      Sec. 12.  The principal of, the interest on and any prior redemption premiums due in connection with the bonds shall be payable from, secured by a pledge of and constitute a lien on the revenues out of which such bonds shall be made payable. In addition, they may be secured by a mortgage covering all or any part of the project or by a pledge of the lease of such project, or both.

      Sec.13.  The proceedings under which the bonds are authorized to be issued, and any mortgage given to secure the same, may contain any provisions customarily contained in instruments securing bonds and constitution a covenant with the bondholders, including, but not limited to:

      1.  Custody of the proceeds from the sale of the bonds, including their investment and reinvestment until used to defray the cost of the project.

      2.  The fixing and collection of rents for the project.

      3.  The terms to be incorporated in the lease of the project.

      4.  The maintenance and insurance of the project.

      5.  The creation of funds and accounts into which any bond proceeds, revenues and income may be deposited or credited.

      6.  Limitation on the purpose to which the proceeds of any bonds then or thereafter to be issued may be applied.

      7.  Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, the refunding of bonds and the replacement of bonds.

      8.  The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated.

      9.  Vesting in a trustee or trustees such properties, rights, powers and duties in trust as the board may determine, and limiting the rights, duties and powers of such trustees.

      10.  The rights and remedies available in case of a default to the bondholders or to any trustee under the lease or a mortgage.

      Sec.14.  1.  The county may provide that proceeds from the sale of bonds and special funds from the revenues of the project shall be invested and reinvested in such securities and other investments, whether or not any such investment or reinvestment is authorized under any other law of this state, as may be provided in the proceedings under which the bonds are authorized to be issued, including but not limited to:

 


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ê1967 Statutes of Nevada, Page 1748 (Chapter 547, SB 170)ê

 

and reinvested in such securities and other investments, whether or not any such investment or reinvestment is authorized under any other law of this state, as may be provided in the proceedings under which the bonds are authorized to be issued, including but not limited to:

      (a) Bonds or other obligations of the United States of America.

      (b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.

      (c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.

      (d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any such state.

      (e) Prime commercial paper.

      (f) Prime finance company paper.

      (g) Bankers acceptances drawn on and accepted by commercial banks.

      (h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.

      (i) Certificates of deposit issued by commercial banks.

      2.  The county may also provide that such proceeds or funds or investments and the rents payable under the lease shall be received, held and disbursed by one or more banks or trust companies located within or out of this state.

      Sec. 15.  The county may also provide that:

      1.  The project and improvements to be constructed, if any, shall be constructed by the county, lessee or the lessee’s designee, or any one or more of them on real estate owned by the county, the lessee or the lessee’s designee, as the case may be.

      2.  The bond proceeds shall be disbursed by the trustee bank or banks, trust company or trust companies, during construction upon the estimate, order or certificate of the lessee or the lessee’s designee.

      3.  The project, if and to the extent constructed on real estate not owned by the county, shall be conveyed to the county not later than its completion.

      Sec.16.  In making such agreements or provisions, a county shall not obligate itself, except with respect to the project and the application of the revenues therefrom and bond proceeds therefor.

      Sec.17.  1.  The proceedings authorizing any bonds or any mortgage securing such bonds may provide that if there is a default in the payment of the principal of, the interest on, or any prior redemption premiums due in connection with the bonds or in the performance of any agreement contained in such proceedings or mortgage, the payment and performance may be enforced by mandamus or by the appointment of a receiver with power to charge and collect rents and to apply the revenues from the project in accordance with the proceedings or the provisions of the mortgage.


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ê1967 Statutes of Nevada, Page 1749 (Chapter 547, SB 170)ê

 

      2.  Any mortgage to secure bonds issued thereunder, may also provide that if there is a default in the payment thereof or a violation of any agreement contained in the mortgage, it may be foreclosed and there may be a sale in any manner permitted by law. Such mortgage may also provide that any trustee under such mortgage or the holder of any bonds secured thereby may become the purchaser at any foreclosure sale if he is the highest bidder and may apply toward the purchase price unpaid bonds at the face value thereof.

      Sec.18.  1.  Prior to the initial leasing of any project, the board shall determine:

      (a) The amount necessary in each year to pay the principal of and the interest on the first bonds proposed to be issued to finance such project and on any subsequent issues of bonds which may be permitted under the lease and authorizing proceedings pertinent to financings hereunder.

      (b) The amount necessary to be paid each year into any reserve funds which the board may deem advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project.

      (c) The estimated cost of maintaining the project in good repair and keeping it properly insured, unless the terms under which the project is to be leased provide that the lessee shall maintain the project and carry all proper insurance with respect thereto.

      2.  The determination and findings of the board, required to be made by subsection 1, shall be set forth in the proceedings under which the proposed bonds are to be issued, but the foregoing amounts need not be expressed in dollars and cents in the lease and proceedings under which the bonds are authorized to be issued, but may be set forth in the form of a formula or formulas.

      Sec.19.  Prior to the issuance of any bonds authorized by sections 2 to 28, inclusive, of this act the county shall lease the project to a lessee under an agreement conditioned upon completion of the project and providing for payment to the county of such rentals as, upon the basis of such determinations and findings, will be sufficient to:

      1.  Pay the principal of and interest on the bonds issued to finance the project.

      2.  Build up and maintain any reserves deemed advisable by the board in connection therewith.

      3.  Pay the costs of maintaining the project in good repair and keeping it properly insured, unless the agreement of lease obligates the lessee to pay for the maintenance and insurance on the project.

      Sec.20.  1.  The lease may grant the lessee an option to purchase all or a part of the project at a stipulated purchase price or prices or at a price or prices to be determined upon appraisal as provided in the lease.

      2.  The option may be exercised at such time or times as the lease may provide.

      3.  The county and the lessee may agree and provide in the lease that all or a part of the rentals paid by the lessee prior to and at the time of the exercise of such option shall be applied toward such purchase price and shall be in full or partial satisfaction thereof.

      Sec.21.  1.  Any bonds issued under the provisions of sections 2 to 28, inclusive, of this act and at any time outstanding may at any time and

 from time to time be refunded by a county by the issuance of its refunding bonds in such amount as the board may deem necessary to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection therewith.


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ê1967 Statutes of Nevada, Page 1750 (Chapter 547, SB 170)ê

 

from time to time be refunded by a county by the issuance of its refunding bonds in such amount as the board may deem necessary to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection therewith.

      2.  Any such refunding may be effected, whether the bonds to be refunded have matured or thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof, directly or indirectly, to the payment of the bonds to be refunded thereby, or by exchange of the refunding bonds for the bonds to be refunded thereby, but the holders of any bonds to be so refunded shall not be compelled, without their consent, to surrender their bonds for payment or exchange prior to the date on which they are payable by maturity date, option to redeem or otherwise, or if they are called for redemption, prior to the date on which they are by their terms subject to redemption by option or otherwise. Except to the extent expressly or impliedly inconsistent with the terms of sections 2 to 28, inclusive, of this act, the provisions of the Local Government Securities Law shall govern the issuance of such refunding bonds and the establishment of any escrow in connection therewith.

      3.  All refunding bonds, issued under authority of this section, shall be payable solely from revenues out of which the bonds to be refunded thereby are payable or from revenues out of which bonds of the same character may be made payable under this or any other law then in effect at the time of the refunding.

      Sec. 22.  1.  The proceeds from the sale of any bonds shall be applied only for the purpose for which the bonds were issued and if, for any reason, any portion of such proceeds is not needed for the purpose for which the bonds were issued, such unneeded portion of such proceeds shall be applied to the payment of the principal of or the interest on the bonds.

      2.  The cost of acquiring any project shall be deemed to include the actual cost of acquiring a site or the cost of the construction of any part of a project which may be constructed, including architects’ and engineers’ fees, the purchase price of any part of a project that may be acquired by purchase and all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition.

      Sec.23.  1.  No county shall have the power to pay out of its general fund or otherwise contribute any part of the costs of acquiring a project and shall not have the power to use land already owned by the county, or in which the county has an equity (unless specifically acquired for uses of the character herein described or unless the land is determined by the board no longer to be necessary for other county purposes), for the construction thereon of a project or any part thereof.

      2.  The entire cost of acquiring any project must be paid out of the proceeds from the sale of the bonds, but this provision shall not be construed to prevent a county from accepting donations of property to be used as a part of any project or money to be used for defraying any part of the cost of any project.

      Sec.24.  1.  When all principal of, interest on and any prior redemption premiums due in connection with the bonds issued for a project have been paid in full, and if the option to purchase or option to renew the lease, if any, contained in the lease have not been exercised as to all of the property contained in the project, the lease shall terminate and the county shall sell such remaining property or devote the same to county purposes other than those authorized by sections 2 to 28, inclusive, of this act.


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ê1967 Statutes of Nevada, Page 1751 (Chapter 547, SB 170)ê

 

lease, if any, contained in the lease have not been exercised as to all of the property contained in the project, the lease shall terminate and the county shall sell such remaining property or devote the same to county purposes other than those authorized by sections 2 to 28, inclusive, of this act.

      2.  Any such sale which is not made pursuant to exercise of an option to purchase by the lessee shall be conducted in the same manner as is then provided by law governing the issuer’s sale of surplus property.

      Sec.25.  Pursuant to NRS 361.060, all property owned by a county pursuant to sections 2 to 28, inclusive, of this act shall be and remain exempt from taxation. The lessee shall pay all taxes assessed to him pursuant to NRS 361.157 and 361.159.

      Sec.26.  No land acquired by a county by the exercise of condemnation through eminent domain can be used for the project to effectuate the purposes of sections 2 to 28, inclusive, of this act.

      Sec.27.  No action shall be brought questioning the legality of any contract, lease, mortgage, proceedings or bonds executed in connection with any project or improvements authorized by sections 2 to 28, inclusive, of this act from and after 60 days from the effective date of the ordinance authorizing the issuance of such bonds.

      Sec.28.  1.  Sections 2 to 28, inclusive, of this act, without reference to other statutes of the state, shall constitute full authority for the exercise of powers granted in sections 2 to 28, inclusive, of this act, including but not limited to the authorization and issuance of bonds hereunder.

      2.  No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in sections 2 to 28, inclusive, of this act to be done, shall be construed as applying to any proceedings taken under sections 2 to 28, inclusive, of this act or acts done pursuant to sections 2 to 28, inclusive, of this act, except for laws to which reference is expressly made in sections 2 to 28, inclusive, of this act or by necessary implication of sections 2 to 28, inclusive, of this act.

      3.  The provisions of no other law, either general or local, except as provided in sections 2 to 28, inclusive, of this act, shall apply to doing of the things authorized in sections 2 to 28, inclusive, of this act to be done, and no board, agency, bureau, commission or official not designated in sections 2 to 28, inclusive, of this act, shall have any authority or jurisdiction over the doing of any of the acts authorized in sections 2 to 28, inclusive, of this act to be done, except as otherwise provided in sections 2 to 28, inclusive, of this act.

      4.  No notice, consent or approval by any public body or officer thereof shall be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under sections 2 to 28, inclusive, of this act, except as provided in sections 2 to 28, inclusive, of this act.

      5.  The powers conferred by sections 2 to 28, inclusive, of this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by sections 2 to 28, inclusive, of this act shall not affect the powers conferred by any other law.

      6.  No part of sections 2 to 28, inclusive, of this act shall repeal or affect any other law or part thereof, except to the extent that sections 2 to 28, inclusive, of this act are inconsistent with any other law, it being intended that sections 2 to 28, inclusive, of this act shall provide a separate method of accomplishing its objectives, and not an exclusive one; and sections 2 to 28, inclusive, of this act shall not be construed as repealing, amending or changing any such other law except to the extent of such inconsistency.


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ê1967 Statutes of Nevada, Page 1752 (Chapter 547, SB 170)ê

 

to 28, inclusive, of this act are inconsistent with any other law, it being intended that sections 2 to 28, inclusive, of this act shall provide a separate method of accomplishing its objectives, and not an exclusive one; and sections 2 to 28, inclusive, of this act shall not be construed as repealing, amending or changing any such other law except to the extent of such inconsistency.

      Sec.29.  Chapter 268 of NRS his hereby amended by adding thereto the provisions set forth as sections 30 to 56, inclusive, of this act.

      Sec.30.  Sections 30 to 56, inclusive, may be cited as the City Economic Development Revenue Bond Law.

      Sec.31.  Whenever used in sections 30 to 56, inclusive, of this act, unless a different meaning clearly appears from the context, the following words and terms defined in sections 32 to 35, inclusive, of this act have the meanings ascribed to them in sections 32 to 35, inclusive, of this act.

      Sec. 32.  “Bonds” or “revenue bonds” means bonds, notes or other securities evidencing an obligation and issued under sections 30 to 56, inclusive, of this act.

      Sec.33.  “Governing body” means the city council, city commission, board of supervisors or other governing body by whatever name denominated of any incorporated city within this state.

      Sec.34.  “Mortgage” includes a deed of trust and any other security device for both real and personal property.

      Sec.35.  “Project” means any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for manufacturing, industrial or research and development enterprises.

      Sec.36.  1.  It is the intent of the legislature to authorize cities to acquire, own, lease, improve and dispose of properties to the end that such cities may be able to promote industry and develop trade by inducting manufacturing, industrial and research and development enterprises to locate in or remain in this state, in order to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing and maintaining a balanced and stable economy in all parts of this state and in furthering the use of its agricultural products and natural resources. It is, therefore, the intention of the legislature to vest such cites with all powers that may be necessary to enable them to accomplish such purposes, which powers shall in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.

      2.  It is not intended hereby that any city shall itself be authorized to operate any such manufacturing, industrial or research and development enterprise.

      3.  No city may by virtue of sections 30 to 56, inclusive, of this act assist any manufacturing, industrial or research and development enterprise to locate within or near the city which would offer substantial competition to an existing enterprise within the county in which such city is located whose intrastate markets are substantially the same.

      4.  Sections 30 to 56, inclusive, of this act shall be liberally construed in conformity with this declaration of purpose.


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ê1967 Statutes of Nevada, Page 1753 (Chapter 547, SB 170)ê

 

      Sec.37.  In addition to any other powers which it may now have, each city shall have the following powers:

      1.  To acquire, whether by construction, purchase, gift, devise, lease or sublease, to improve and equip, and to sell or otherwise dispose of, one or more projects or part thereof. Such projects, upon completion of such acquisition, shall be located within or near the city.

      2.  To lease to others any or all of its projects for such rentals and upon such terms and conditions as the governing body may deem advisable.

      3.  To issue revenue bonds for the purpose of defraying the cost of acquiring, improving and equipping any project including the payment of principal and interest on such bonds for not exceeding 3 years and all other incidental expenses incurred in issuing such bonds.

      4.  To secure payment of such bonds as provided in sections 30 to 56, inclusive, of this act.

      Sec.37.5.  Before availing itself of the powers conferred by section 37 of this act with respect to any project, a governing body shall:

      1.  Give notice of its intention by publication at least once in a newspaper of general circulation published in the city, or if there is not such newspaper then in a newspaper of general circulation in the city published in the state; and

      2.  Hold at least one public hearing, not less than 10 nor more than 20 days after the date of publication of the notice.

      Sec.37.7.  After holding a public hearing or hearings, as provided in section 37.5 of this act, the governing body shall proceed no further unless or until it:

      1.  Determines the total amount of money necessary to be provided by the city for the acquisition, improvement and equipment of the project;

      2.  Determines that the contemplated lessee or purchaser has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease or purchase contract meanwhile, until the point of profitable operation is reached;

      3.  Determines that the revenue which can reasonably be expected to be derived from normal operation of the facility under normal economic conditions is sufficient with a suitable margin of safety to meet the obligation of a lease or purchase contract which in turn will meet in full the debt service requirements of a bond issue to provide the amount of money determined pursuant to subsection 1; and

      4.  If any part of the project or improvements is to be constructed by a lessee or a lessee’s designee, provides sufficient safeguards to assure that all money provided by the city will be expended solely for the purposes of the project. Such provision shall include the requirement that any plans not prepared by or under the immediate direction of an appropriate officer of the city be submitted to the governing body for approval before a commitment is made to finance the project. The governing body shall consider in reviewing such plans whether the completed project will meet the economic requirements of subsections 2 and 3.