[Rev. 10/29/2015 2:50:01 PM]

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ê1973 Statutes of Nevada, Page 1361 (Chapter 708, SB 157)ê

 

      (b) His benefit year having expired prior to such week, has no, or insufficient, wages on the basis of which he could establish a new benefit year that would include such week; and

      (c) Has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, 45 U.S.C. § 351 et seq., the Trade Expansion Act of 1962, 19 U.S.C. § 1801 et seq., the Automotive Products Trade Act of 1965, 19 U.S.C. § 2001 et seq. and such other federal laws as are specified in regulations issued by the Secretary of Labor, and has not received and is not seeking unemployment benefits under the unemployment compensation law of the Virgin Islands or of Canada; but if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law he is considered an exhaustee.

      [11.]12.  “State law” means the unemployment insurance law of any state, approved by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954.

      Sec. 12.  NRS 612.3774 is hereby amended to read as follows:

      612.3774  An individual [shall be] is eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the executive director finds that with respect to such week:

      1.  He is an “exhaustee” as defined in subsection [10] 11 of NRS 612.377; and

      2.  He has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits.

      Sec. 13.  NRS 612.378 is hereby amended to read as follows:

      612.378  The total extended benefit amount payable to any eligible individual with respect to his applicable benefit year shall be the least of the following amounts:

      1.  Fifty percent of the basic benefits which were payable to him in his benefit year. [to which amount shall be added 50 percent of the total amount of augmentation for dependents that was payable to him in the applicable benefit year.] If the amount computed is not a multiple of $1, it shall be computed to the next higher multiple of $1.

      2.  Thirteen times his average weekly benefit amount [(including augmentation for dependents)] which was payable to him under this chapter for a week of total unemployment in the applicable benefit year. If the amount computed is not a multiple of $1, it shall be computed to the next higher multiple of $1.

      Sec. 14.  NRS 612.435 is hereby amended to read as follows:

      612.435  A claimant [shall be] is disqualified for benefits for the week in which the claimant is separated from work because of pregnancy and each week thereafter [until proof of ability to work following confinement is submitted.] unless proof of ability to work is submitted.

      Sec. 15.  NRS 612.440 is hereby amended to read as follows:

      612.440  1.  A claimant [shall be] is disqualified for benefits for any week with respect to which the claimant’s unemployment is due to pregnancy [.


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ê1973 Statutes of Nevada, Page 1362 (Chapter 708, SB 157)ê

 

      2.  A claimant’s unemployment shall be deemed to be due to pregnancy if such unemployment exists within 60 days of expected confinement.

      3.]unless proof of ability to work is submitted.

      2.  The claimant’s unemployment shall he deemed to be due to pregnancy following confinement until proof of ability to resume employment has been submitted by the claimant.

      Sec. 16.  NRS 612.460 is hereby amended to read as follows:

      612.460  1.  An unemployed individual may file a request for a determination of his benefit status in accordance with regulations prescribed by the executive director. Upon such request, the executive director shall furnish the individual with a written determination. If it is determined that the claimant is an insured worker, the determination will include a statement as to the amount of wages for insured work paid to him by each employer in his base period, and the employers by whom such wages were paid. It shall include also his benefit year, his weekly benefit amount [, the amount by which his weekly benefit amount can be augmented if he has dependents,] and the maximum amount of benefits that may be paid to him for his unemployment during such benefit year. All base period employers of a claimant shall be notified promptly when a claimant files a request for determination of his benefit status which results in a determination that the claimant is an insured worker.

      2.  If it is determined that the individual is not an insured worker, the determination will include a statement as to the reason therefor, and shall also include the amount of wages paid to him by each employer during his base period, and the employers by whom such wages were paid.

      Sec. 17.  NRS 612.545 is hereby amended to read as follows:

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

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

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

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


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ê1973 Statutes of Nevada, Page 1363 (Chapter 708, SB 157)ê

 

is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter.

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

      Sec. 18.  NRS 612.550 is hereby amended to read as follows:

      612.550  1.  As used in this section:

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

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

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

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

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

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

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

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

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

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

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

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


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ê1973 Statutes of Nevada, Page 1364 (Chapter 708, SB 157)ê

 

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

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

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

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

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

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

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

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

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


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ê1973 Statutes of Nevada, Page 1365 (Chapter 708, SB 157)ê

 

be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate shall be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges shall be uniform.

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

 

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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


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ê1973 Statutes of Nevada, Page 1366 (Chapter 708, SB 157)ê

 

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

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

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

      Sec. 19.  NRS 612.553 is hereby amended to read as follows:

      612.553  1.  Any nonprofit organization as defined in NRS 612.121 which becomes subject to this chapter on or after January 1, 1972:

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

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

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


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ê1973 Statutes of Nevada, Page 1367 (Chapter 708, SB 157)ê

 

election not later than 30 days prior to the beginning of the taxable year for which such termination is first effective.

      2.  Any nonprofit organization as defined in NRS 612.121 which has been paying contributions as provided in NRS 612.535 to 612.550, inclusive, for a period subsequent to January 1, 1972, may change to a reimbursement-in-lieu-of-contributions basis by filing with the executive director not later than 30 days prior to the beginning of any taxable year a written notice of its election to become liable for payments by way of reimbursements in lieu of contributions. Such election shall not be terminable by the organization for that and the next taxable year.

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

      4.  The executive director shall notify each nonprofit organization as defined in NRS 612.121 of any determination which he may make of its status as an employer and of the effective date of any election which it makes and of any termination of such election. Such determination shall be subject to reconsideration, petitions for hearing and judicial review in accordance with the provisions of this chapter.

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

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


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ê1973 Statutes of Nevada, Page 1368 (Chapter 708, SB 157)ê

 

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

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

      8.  The provisions of NRS 612.550 do not apply to employers who elect reimbursement in lieu of contributions.

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

      Sec. 20.  NRS 612.555 is hereby amended to read as follows:

      612.555  Any employing unit which becomes an employer subject to this chapter within any calendar quarter [shall be] is subject to this chapter from the beginning of that quarter [.] , except that any nonprofit organization as defined in NRS 612.121 which becomes subject to this chapter within any calendar year is subject to this chapter for the whole of such calendar year.

      Sec. 21.  NRS 612.560 is hereby amended to read as follows:

      612.560  1.  Except as otherwise provided in NRS 612.565 to 612.580, inclusive [, an] :

      (a) An employing unit shall cease to be an employer subject to this chapter at any time when it [shall appear] appears to the satisfaction of the executive director that during each of the 4 completed calendar quarters immediately preceding such finding, such employing unit [had not employed] did not employ in employment subject to this chapter one or more persons in any calendar quarter wherein such employing unit had a payroll of $225 or more.

      (b) At any time when it appears to the satisfaction of the executive director that any nonprofit organization, defined as a community chest, fund or foundation organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office, does not qualify for coverage under NRS 612.121 because it does not meet the requirements of subparagraph (2) of paragraph (b) of subsection 1 of such section, such organization shall cease to be an employer subject to this chapter.


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ê1973 Statutes of Nevada, Page 1369 (Chapter 708, SB 157)ê

 

of statements), any political campaign on behalf of any candidate for public office, does not qualify for coverage under NRS 612.121 because it does not meet the requirements of subparagraph (2) of paragraph (b) of subsection 1 of such section, such organization shall cease to be an employer subject to this chapter.

      2.  For the purposes of this section, the two or more employing units mentioned in subsection 2 or 3 of NRS 612.055 shall be treated as a single employing unit.

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

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

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

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

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

      5.  Contributions shall be paid by any such department, political subdivision or instrumentality and shall be a proper charge upon the funds of such department, political subdivision or instrumentality. For the purposes of subsection 4, payments for contributions shall be by way of reimbursement in lieu of contributions.

      Sec. 23.  NRS 612.020, 612.050, 612.150 and 612.345 are hereby repealed.


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ê1973 Statutes of Nevada, Page 1370 (Chapter 708, SB 157)ê

 

      Sec. 24.  Section 18 of this act shall become effective at 12:01 a.m. on July 1, 1973. All other sections of this act shall become effective on July 1, 1973.

 

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CHAPTER 709, SB 204

Senate Bill No. 204–Committee on Judiciary

CHAPTER 709

AN ACT relating to probation; providing more explicit definition of offenses for which no probation is possible under the Uniform Controlled Substances Act.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 176.185 is hereby amended to read as follows:

      176.185  1.  Whenever any person has been found guilty in a district court of the State of Nevada of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnaping, forcible rape, [or] an offense punishable under paragraph (a) of subsection 1 of NRS 212.090 [,] and other cases where probation is forbidden by law, may by its order suspend the execution of the sentence imposed and grant such probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of the infamous crime against nature, of indecent or obscene exposure or of lewdness only if a certificate of a psychiatrist, as required by NRS 201.190, 201.210 or 201.230, is received by the court.

      2.  The district judge shall not grant probation until a written report is received by him from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, and if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.

      3.  Upon the granting of such probation, the court shall have full power to fix the terms and conditions thereof in order therefor; but in imposing sentence the court shall have the power to fix the definite term of imprisonment within the minimum and maximum periods fixed by law, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence.

      4.  In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the board and of the chief parole and probation officer.

      5.  The court shall also, upon the entering of the order of probation or suspension of sentence, as provided for in NRS 176.175 to 176.255, inclusive, direct the clerk of such court to certify a copy of the records in the case and deliver the same to the chief parole and probation officer.

      Sec. 2.  NRS 453.321 is hereby amended to read as follows:

      453.321  1.  Except as authorized by this chapter, it is unlawful for any person to sell, exchange, barter, supply or give away a controlled or counterfeit substance.


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ê1973 Statutes of Nevada, Page 1371 (Chapter 709, SB 204)ê

 

any person to sell, exchange, barter, supply or give away a controlled or counterfeit substance.

      2.  Any person 21 years of age or older who sells, exchanges, barters, supplies or gives away a controlled or counterfeit substance in violation of subsection 1 classified in:

      (a) Schedule I or II, to a person who is:

             (1) Twenty-one years of age or older shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000. For a second or subsequent offense, such offender shall be punished by imprisonment in the state prison for life, without possibility of parole, and may be further punished by a fine of not more than $5,000. If the offender has previously been convicted of any violation of the laws of the United States or any state, territory or district relating to a controlled substance, the term of imprisonment imposed pursuant to this subsection shall be served without benefit of probation.

             (2) Under 21 years of age shall be punished by imprisonment in the state prison for life with possibility of parole and may be further punished by a fine of not more than $5,000. Eligibility for parole begins when a minimum of 7 years has been served. For a second or subsequent offense, such offender shall be punished by imprisonment in the state prison for life without possibility of parole. If the offender has previously been convicted of any violation of the laws of the United States or any state, territory, or district relating to a controlled substance, the term of imprisonment imposed pursuant to this subsection shall be served without benefit of probation.

      (b) Schedule III, IV or V shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000. For a:

             (1) Second offense, or if, in case of a first conviction, the offender previously has been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $2,000. If the offender has previously been convicted of any violation of the laws of the United States or any state, territory or district relating to a controlled substance, the term of imprisonment imposed pursuant to this subsection shall be served without benefit of probation.

             (2) Third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000.

The term of imprisonment imposed pursuant to this subsection shall be served without possibility of probation.

      3.  Any person who is under 21 years of age and is convicted: [of]

      (a) Of an offense otherwise punishable under subsection 2 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years, with possibility of probation.


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

ê1973 Statutes of Nevada, Page 1372 (Chapter 709, SB 204)ê

 

more than 20 years, with possibility of probation. [For a second or subsequent conviction, any such person]

      (b) Of a second or subsequent offense otherwise punishable under subsection 2 shall be punished as provided in subsection 2 for a second or subsequent offense and any term of imprisonment imposed shall be served without possibility of probation.

      Sec. 3.  NRS 453.321 is hereby amended to read as follows:

      453.321  1.  Except as authorized by the provisions of NRS 453.011 to 453.551, inclusive, it is unlawful for any person to sell, exchange, barter, supply or give away a controlled or counterfeit substance.

      2.  Any person 21 years of age or older who sells, exchanges, barters, supplies or gives away a controlled or counterfeit substance in violation of subsection 1 classified in:

      (a) Schedule I or II, to a person who is:

             (1) Twenty-one years of age or older shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000. For a second or subsequent offense, such offender shall be punished by imprisonment in the state prison for life, without possibility of parole, and may be further punished by a fine of not more than $5,000. If the offender has previously been convicted of any violation of the laws of the United States or any state, territory or district relating to a controlled substance, the term of imprisonment imposed pursuant to this subsection shall be served without benefit of probation.

             (2) Under 21 years of age shall be punished by imprisonment in the state prison for life with possibility of parole and may be further punished by a fine of not more than $5,000. Eligibility for parole begins when a minimum of 7 years has been served. For a second or subsequent offense, such offender shall be punished by imprisonment in the state prison for life without possibility of parole. If the offender has previously been convicted of any violation of the laws of the United States or any state, territory, or district relating to a controlled substance, the term of imprisonment imposed pursuant to this subsection shall be served without benefit of probation.

      (b) Schedule III, IV or V shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000. For a:

             (1) Second offense, or if, in case of a first conviction, the offender previously has been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than I year nor more than 10 years and may be further punished by a fine of not more than $2,000. If the offender has previously been convicted of any violation of the laws of the United States or any state, territory or district relating to a controlled substance, the term of imprisonment imposed pursuant to this subsection shall be served without benefit of probation.

             (2) Third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000.


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

ê1973 Statutes of Nevada, Page 1373 (Chapter 709, SB 204)ê

 

a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000.

The term of imprisonment imposed pursuant to this subsection shall be served without possibility of probation.

      3.  Any person who is under 21 years of age and is convicted: [of]

      (a) Of an offense otherwise punishable under subsection 2 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years, with possibility of probation. [For a second or subsequent conviction, any such person]

      (b) Of a second or subsequent offense otherwise punishable under subsection 2 shall be punished as provided in subsection 2 for a second or subsequent offense and any term of imprisonment imposed shall be served without possibility of probation.

      Sec. 4.  1.  Section 1 of this act shall not become effective if Senate Bill 545 of the 57th session of the Nevada legislature becomes law.

      2.  Section 2 of this act shall not become effective if Senate Bill 342 of the 57th session of the Nevada legislature becomes law.

      3.  Section 3 of this act shall not become effective if Senate Bill 342 of the 57th session of the Nevada legislature does not become law.

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

 

________

 

 

CHAPTER 710, SB 226

Senate Bill No. 226–Senator Pozzi

CHAPTER 710

AN ACT entitling every citizen without a driver’s license to obtain an identification card; providing for preparation and issuance of the cards by the department of motor vehicles; providing fees for such cards; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  The legislature finds and declares that:

      1.  A need exists in this state for the creation of a system of identification for citizens who do not hold a driver’s license.

      2.  These citizens should be provided a convenient means to identify themselves so that they may take full advantage of various public and private services, privileges, discounts and other benefits for which appropriate identification is required.

      3.  To serve this purpose, official identification cards should be prepared for issuance to those citizens who wish to apply for them. The cards should be designed in such form, and distributed pursuant to such controls, that they will merit the general acceptability of drivers’ licenses for personal identification.


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

ê1973 Statutes of Nevada, Page 1374 (Chapter 710, SB 226)ê

 

      Sec. 3.  As used in this act:

      1.  “Citizen” means a person over 60 years of age who is a resident of this state at the time he applies for an identification card.

      2.  “Identification card” means a card issued in accordance with this act to provide citizens a convenient means of personal identification.

      Sec. 4.  1.  Every citizen who does not hold a Nevada driver’s license and makes an application as provided in this act is entitled to receive an identification card.

      2.  The department of motor vehicles shall charge and collect the same fees for issuance of an original, duplicate or changed identification card as for a driver’s license.

      Sec. 5.  The director of the department of motor vehicles shall:

      1.  Prepare suitable identification cards.

      2.  Prepare and furnish application forms for such cards.

      3.  Receive applications, grant or deny them and maintain files of applications.

      4.  Issue identification cards, recall and cancel cards when necessary, and maintain records adequate to preserve the integrity of the identification card system.

      5.  Adopt and promulgate such regulations as are necessary to effectuate the purposes of this act.

      Sec. 6.  1.  The form of the identification cards shall be similar to that of drivers’ licenses but distinguishable in color or otherwise.

      2.  Identification cards shall not authorize the operation of any motor vehicle.

      3.  Identification cards shall include the following information concerning the holder:

      (a) Name and sample signature of holder.

      (b) Social security number or serial number of holder’s card.

      (c) Personal description or photograph.

      (d) Date of birth.

      (e) Current address.

      Sec. 7.  1.  Every application for an identification card shall be made upon a form provided by the department of motor vehicles and shall include:

      (a) The applicant’s full name.

      (b) His social security number, if any.

      (c) His date of birth.

      (d) His state of legal residence.

      (e) His current address.

      (f) A statement that he does not possess a valid Nevada driver’s license.

      2.  When the form is completed, the applicant shall sign the form and verify the contents before a person authorized to administer oaths.

      Sec. 8.  Every applicant for an identification card shall furnish proof of his age by presenting a birth certificate, baptismal certificate or other proof acceptable to the department of motor vehicles and shall provide such other corroboration of the matters stated in his application as are required of applicants for a driver’s license.

      Sec. 9.  1.  An identification card, once issued, remains valid so long as the facts and circumstances declared in the application and stated in the card do not change.


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

ê1973 Statutes of Nevada, Page 1375 (Chapter 710, SB 226)ê

 

as the facts and circumstances declared in the application and stated in the card do not change.

      2.  The holder of an identification card shall promptly report any change in such information to the department of motor vehicles.

      3.  Any change occurring in the holder’s address or name (as the result of marriage or otherwise) or any loss of an identification card shall be reported within 10 days of the occurrence to the department of motor vehicles.

      Sec. 10.  1.  Upon furnishing information that his identification card is lost or destroyed and paying the prescribed fee, the person to whom the original was issued may obtain a duplicate by paying the fee prescribed by section 4 of this act.

      2.  If the original of a duplicated card is subsequently recovered or a lost card is found, the person having possession shall return it immediately to the department of motor vehicles.

      Sec. 11.  A person who commits any of the following acts is guilty of a misdemeanor:

      1.  Forges or alters an identification card or knowingly possesses an altered or forged identification card.

      2.  Refuses to surrender an identification card for cancellation when so directed by the department of motor vehicles.

      3.  Lends his identification card to another person for the other’s use, or uses a card issued to another person.

      4.  Willfully fails to surrender to the department of motor vehicles within 10 days another’s identification card coming into his possession or to return it to the proper holder.

 

________

 

 

CHAPTER 711, SB 270

Senate Bill No. 270–Senators Herr, Swobe, Foley, Raggio, Drakulich, Echols, Walker, Close, Blakemore, Young, Wilson, Pozzi, Bryan, Dodge and Hecht

CHAPTER 711

AN ACT relating to employees in private employment; increasing and equalizing the statutory hourly wages for men and women; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

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

      608.250  1.  [Except as otherwise provided in subsections 3 and 4, the] The minimum wages which may be paid to male persons in private employment within the state are as follows:

      (a) For minors under 18 years of age:

             (1) From [April 16, 1969, until February 1, 1970, $1.15 per hour.] July 1, 1973, until July 1, 1974, $1.65 per hour.


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

ê1973 Statutes of Nevada, Page 1376 (Chapter 711, SB 270)ê

 

             (2) From [February 1, 1970, to February 1, 1971, $1.30 per hour] July 1, 1974, $1.85 per hour.

             [(3) From February 1, 1971, $1.45 per hour.]

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

             (1) From [April 16, 1969, until February 1, 1970, $1.30 per hour.] July 1, 1973, until July 1, 1974, $1.80 per hour.

             (2) From [February 1, 1970, to February 1, 1971, $1.45 per hour.] July 1, 1974, $2 per hour.

             [(3) From February 1, 1971, $1.60 per hour.]

      2.  [Except as otherwise provided in subsections 3 and 5, overtime pay at the rate of 1 1/2 times the employee’s regular rate of pay shall be paid by an employer to any employee who works more than 8 hours in any 24-hour period or more than 48 hours in any work week.

      3.  The provisions of subsections 1 and 2 do not apply to male persons in domestic service or in an agricultural pursuit.

      4.  The provisions of subsection 1 do not apply to male persons whose minimum wages are established by the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201-219).

      5.  The provisions of subsection 2 do not apply to male persons whose rates of overtime pay are established by, or who are specifically exempted from the provisions of, the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201-219).] The provisions of subsection 1 do not apply to persons in domestic service, in an agricultural pursuit or an outside salesman.

      Sec. 2.  NRS 609.030 is hereby amended to read as follows:

      609.030  1.  With respect to the employment of females in private employment in this state, it is the sense of the legislature that the health and welfare of female persons required to earn their livings by their own endeavors require certain safeguards as to hours of service and compensation therefor.

      2.  The health and welfare of the female workers of this state are of concern to the state and the wisdom of the ages dictates that reasonable hours, not to exceed 8 hours in any 1 day, and 6 days in any calendar week, so as to provide a day of rest and recreation in each calendar week, are necessary to such health and welfare, and, further, that compensation for the work and labor of female workers must be sufficient to maintain that health and welfare.

      3.  The policy of this state is hereby declared to be:

      (a) That 8 hours in any one 13-hour period, and not more than 48 hours in any 1 calendar week, and not more than 6 days in any calendar week are the maximum number of hours and days female workers shall be employed in private employment, with certain exceptions; and

      (b) That the minimum wages which may be paid to female workers under the age of 18 years in this state are as follows:

             (1) From [April 10, 1969, until February 1, 1970, $1.15 per hour.] July 1, 1973, until July 1, 1974, $1.65 per hour.

             (2) From [February 1, 1970, to February 1, 1971, $1.30 per hour.] July 1, 1974, $1.85 per hour; and

             [(3) From February 1, 1971, $1.45 per hour; and]


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

ê1973 Statutes of Nevada, Page 1377 (Chapter 711, SB 270)ê

 

      (c) That the minimum wages which may be paid to female workers 18 years of age or over in this state are as follows:

             (1) From [April 10, 1969, until February 1, 1970, $1.30 per hour.] July 1, 1973, until July 1, 1974, $1.80 per hour.

             (2) From [February 1, 1970, to February 1, 1971, $1.45 per hour.] July 1, 1974, $2 per hour.

             [(3) From February 1, 1971, $1.60 per hour.]

      Sec. 3.  NRS 609.060 is hereby amended to read as follows:

      609.060  1.  During a probationary period of not to exceed 3 months, which need not be consecutive, the employer and his employee or employees may stipulate that the provisions of NRS 609.010 to 609.180, inclusive, which provide the amounts of minimum wages which may be paid to female workers shall not apply; but in all cases where such a stipulation has been entered into:

      (a) The employer shall pay to such female employees under the age of 18 years:

             (1) From [April 10, 1969, until February 1, 1970, not less than 92.5 cents per hour.] July 1, 1973, until July 1, 1974, $1.43 per hour.

             (2) From [February 1, 1970, to February 1, 1971, not less than $1.08 per hour.] July 1, 1974, $1.63 per hour; and

             [(3) From February 1, 1971, not less than $1.23 per hour; and]

      (b) The employer shall pay to such female employees 18 years of age or over:

             (1) From [April 10, 1969, until February 1, 1970, not less than $1.05 per hour.] July 1, 1973, until July 1, 1974, $1.55 per hour.

             (2) From [February 1, 1970, to February 1, 1971, not less than $1.20 per hour.] July 1, 1974, $1.75 per hour.

             [(3) From February 1, 1971, not less than $1.35 per hour.]

      All other provisions of NRS 609.010 to 609.180, inclusive, shall in all other respects govern hours and wages of female employees during the stipulated probationary period.

      2.  At the end of such probationary period the employer shall deliver to such employee a statement in writing certifying to such probationary service, and no employee having served such probationary period shall ever be required to serve any other probationary period by the same employer regardless of differences in the type of work or by another employer where such employment is of a similar nature as the services performed during the probationary period.

      3.  If any employer shall have had accorded to him the privilege of reading a certificate of former service and probationary period of a female employee at the time of the beginning of such employment, in those actions at law in which the similar nature of the work to that certified to in the certificate of the former employer is in issue, the presumption shall be that the work assigned to the female by the second employer is of a similar nature to that certified to by the former employer of the female of which such employer shall have received notice in the manner hereinabove designated, and the burden of proof shall be upon the employer to show the contrary.

      4.  The fact that any female employee shall have been paid for her services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named in NRS 609.010 to 609.180, inclusive, shall not relieve the employer at the close of the period of service of the employee of 3 months of service from the obligation to deliver to the female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to such employee, as well as to future prospective employers.


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

ê1973 Statutes of Nevada, Page 1378 (Chapter 711, SB 270)ê

 

services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named in NRS 609.010 to 609.180, inclusive, shall not relieve the employer at the close of the period of service of the employee of 3 months of service from the obligation to deliver to the female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to such employee, as well as to future prospective employers.

 

________

 

 

CHAPTER 712, SB 380

Senate Bill No. 380–Committee on Finance

CHAPTER 712

AN ACT relating to the interest paid on state money in banks; providing that interest earned on the deposit of money from certain funds be credited to the respective funds; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 356.087 is hereby amended to read as follows:

      356.087  1.  Excpt as provided in [subsection 2,] subsections 2 and 3, all interest paid on money belonging to the State of Nevada shall be deposited in the general fund.

      2.  At the end of each quarter of each fiscal year, the state treasurer shall:

      (a) Compute the proportion of total deposits of state moneys pursuant to the provisions of this chapter which were attributable during such quarter to the state highway fund created by NRS 408.235;

      (b) Apply such proportion to the total amount of interest paid during such quarter to the state treasurer on deposits of state moneys; and

      (c) Credit to the state highway fund an amount equal to the amount arrived at by the computation in paragraph (b).

      3.  The legislators’ retirement fund, the public employees’ retirement fund, the state permanent school fund and the fish and game fund shall have allocated to it its proportionate share of the interest earned and received, which interest shall be accounted for as income and an asset of such fund.

      Sec. 2.  This act shall become effective at 12:01 a.m. on July 1, 1973.

 

________


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

ê1973 Statutes of Nevada, Page 1379ê

 

CHAPTER 713, SB 389

Senate Bill No. 389–Committee on Finance

CHAPTER 713

AN ACT relating to the Marlette Lake water system; removing all authority of the director of the department of administration to sell or lease the system, except as to a portion of the water distribution facilities which may be sold to Virginia City; directing him to develop a plan to improve the storage and distribution system and to establish an equitable rate structure for sale of water; making an appropriation for an engineering study; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

      Whereas, The legislature has heretofore found and declared that the acquisition of the Marlette Lake water system was expedient and advisable for the protection and preservation of the natural resources of the state and for the purposes of obtaining the benefits thereof and continuing such benefits in future years for the state and its citizens; and

      Whereas, The legislature has a continuing responsibility to insure that the Marlette Lake water system remains available to supply the water needs of citizens living in communities situated over a wide area; and

      Whereas, The Marlette Lake water distribution system is presently in a deteriorating condition and should be improved and modernized to develop its full utility; now, therefore,

 

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

do enact as follows:

 

      Section 1.  NRS 331.160 is hereby amended to read as follows:

      331.160  1.  The Marlette Lake water system, composed of the water rights, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.

      2.  The purposes of the Marlette Lake water system are:

      (a) To provide adequate supplies of water to the areas served.

      (b) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.

      (c) To sell water under equitable and fiscally sound contractual arrangements. Any such contractual arrangements shall not include the value of the land comprising the watershed as an element in determining the cost of water sold.

      3.  The department of administration is designated as the state agency to supervise and administer the functions of the Marlette Lake water system.

      4.  The director of the department of administration may [:

      (a) Assign] assign the supervision and administration of the functions of the Marlette Lake water system to one of the divisions of the department or may establish a separate division to carry out the purposes of NRS 331.160 to 331.180, inclusive. [; or

      (b) Sell or lease the Marlette Lake water system, if and in such manner as provided by special law.]

      5.  The director of the department of administration shall:


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

ê1973 Statutes of Nevada, Page 1380 (Chapter 713, SB 389)ê

 

      (a) Develop a plan and program to improve and modernize the existing water storage and distribution system to its full utilization.

      (b) Establish the value of water to be distributed from the system.

      (c) Include in the water rate structure provisions for recovery, over a reasonable period, of the major capital costs of improving and modernizing the system.

      (d) Assure that the rate structure is equitable for all present and potential customers.

      6.  Subject to the limit of funds provided by legislative appropriation or expenditures authorized pursuant to the provisions of chapter 353 of NRS, or both, the chief of the division shall employ necessary staff to carry out the provisions of NRS 331.160 to 331.180, inclusive. The water system supervisor employed by the private owner of the system on the date of acquisition by the State of Nevada shall be employed by the chief of the division, which position shall be in the unclassified service of the state until such employee terminates his employment with the state. Such employee shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182. Thereafter such position shall be in the classified service of the state.

      Sec. 2.  NRS 331.165 is hereby amended to read as follows:

      331.165  1.  The Marlette Lake water system advisory committee is hereby created to be composed of:

      (a) One representative appointed by the state board of fish and game commissioners.

      (b) One representative appointed by the state park advisory commission.

      (c) Two legislators appointed by the legislative commission.

      (d) One member of the staff of the legislative counsel bureau designated by the legislative commission.

      (e) One member appointed by the state forester firewarden.

      2.  Members of the advisory committee shall serve at the pleasure of their respective appointing authorities and shall receive necessary per diem allowances and travel expenses in the amounts specified by law.

      3.  [The advisory committee may make recommendations to the interim finance committee, the department of administration and the governor concerning any proposed sale or lease of the Marlette Lake water system or any part thereof, but such recommendations shall not bind the interim finance committee, the department of administration or the governor.

      4.]  The advisory committee shall assist the state department of conservation and natural resources in performing the duties imposed upon that department by NRS 331.170.

      Sec. 3.  NRS 331.170 is hereby amended to read as follows:

      331.170  1.  The state department of conservation and natural resources shall control and administer the land acquired by the State of Nevada with the purchase of the Marlette Lake water system, to assure its optimum use for recreation, water development, forestry and fishery.

      2.  The state department of conservation and natural resources shall cooperate with the department of administration: [or its vendee or lessee of the water system:]


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

ê1973 Statutes of Nevada, Page 1381 (Chapter 713, SB 389)ê

 

      (a) To preserve and protect the sources of water; and

      (b) To preserve and improve the watershed.

      3.  The state department of conservation and natural resources shall cooperate with the state board of fish and game commissioners in the use of Marlette Lake and its tributaries for fishery and propagation.

      Sec. 4.  Section 6 of an act entitled “An Act relating to the Marlette Lake water system; providing separately for the administration of land and for the administration, sale or lease of the water supply system; making appropriations; and providing other matters properly relating thereto,” being chapter 496, Statutes of Nevada 1969, at page 873, is hereby amended to read as follows:

      Section 6.  [If a sale or lease is effected pursuant to sections 4 or 5 of this act, the] The Nevada state park system may establish on the parcel of land situated in section 36, T. 16 N., R. 19 E., M.D.B. & M., containing the building and water facilities at Lakeview Hill and more fully described in chapter 462, Statutes of Nevada 1963, at page 1304, a picnic area and visitor’s center for the explanation of the Marlette Lake water system and its historic syphon.

      Sec. 5.  Sections 4 and 5 of an act entitled “An Act relating to the Marlette Lake water system; providing separately for the administration of land and for the administration, sale or lease of the water supply system; making appropriations; and providing other matters properly relating thereto,” being chapter 496, Statutes of Nevada 1969, as amended by chapter 410, Statutes of Nevada 1971, at page 832, are hereby repealed.

      Sec. 6.  The title of chapter 496, Statutes of Nevada 1969, at page 871, is hereby amended to read as follows:

      An Act relating to the Marlette Lake water system; providing separately for the administration of land and for the administration [, sale or lease] of the water supply system; making appropriations; and providing other matters properly relating thereto.

      Sec. 7.  There is hereby appropriated from the general fund in the state treasury to the department of administration the sum of $183,720 for the purpose of procuring an engineering study for the development of the Marlette Lake water system. The engineering study shall include a timetable for the development of each portion of the system, the estimated cost of developing each portion of the system, and specifications in sufficient detail and form to proceed to bid for any improvements required.

      Sec. 8.  Notwithstanding any other provision of law, the department of administration may sell the water distribution facilities of the Marlette Lake water system serving Virginia City from below the syphon inlet tanks to and including Five-Mile Reservoir, to the unincorporated town of Virginia City, Storey County, subject to the approval of the interim finance committee.

      Sec. 9.  Assembly Bill 894 of the 57th session of the legislature is hereby repealed.

      Sec. 10.  1.  Sections 1 to 8, inclusive, of this act and this section shall become effective upon passage and approval.


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

ê1973 Statutes of Nevada, Page 1382 (Chapter 713, SB 389)ê

 

      2.  Section 9 of this act shall become effective at 12:01 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 714, SB 490

Senate Bill No. 490–Committee on Ecology and Public Resources

CHAPTER 714

AN ACT relating to the Lake Tahoe Basin; establishing the Nevada Tahoe regional planning agency; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 26, inclusive, of this act.

      Sec. 2.  The legislature finds and declares that:

      1.  The waters of Lake Tahoe and other resources of the Lake Tahoe region are threatened with deterioration or degeneration, which may endanger the natural beauty and economic productivity of the region.

      2.  By virtue of the special conditions and circumstances of the natural ecology, developmental pattern, population distribution and human needs in the Lake Tahoe region, the region is experiencing problems of resource use and deficiencies of environmental control.

      3.  There is a need to maintain an equilibrium between the region’s natural endowment and its manmade environment, and to preserve the scenic beauty and recreational opportunities of the region.

      4.  For the purpose of enhancing the efficiency and governmental effectiveness of the region, it is imperative that there be established an areawide planning agency with power to exercise effective environmental controls and to perform other essential functions.

      5.  It is not the intent of sections 2 to 26, inclusive, of this act to impose a moratorium upon construction of facilities or limit the development of facilities subject to the provisions of sections 2 to 26, inclusive, of this act or to rezone areas subject to the provisions of such sections.

      6.  Every application referred to the agency created by sections 2 to 26, inclusive, of this act shall be considered individually as to its effect on the facilities necessary for people and traffic and whether or not the granting of such application would exceed the capacity of the environment to tolerate development in those particular areas under the jurisdiction of the agency.

      Sec. 3.  As used in sections 2 to 26, inclusive, of this act, unless the context otherwise requires, the 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.

      Sec. 4.  “Agency” means the Nevada Tahoe regional planning agency.

      Sec. 5.  “Governing body” means the governing body of the agency.

      Sec. 6.  “Planning commission” means the advisory planning commission.


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

ê1973 Statutes of Nevada, Page 1383 (Chapter 714, SB 490)ê

 

      Sec. 7.  “Region” includes Lake Tahoe and the adjacent parts of Carson City and the counties of Douglas and Washoe lying within the Tahoe Basin in the State of Nevada. The region defined and described in this section shall be precisely delineated on official maps of the agency.

      Sec. 8.  1.  The Nevada Tahoe regional planning agency is hereby created as a separate legal entity.

      2.  The governing body of the agency shall consist of the Nevada members of the Tahoe regional planning agency created by the Tahoe Regional Planning Compact.

      Sec. 9.  The terms of office of the members of the governing body shall coincide with the terms of office of such persons as members of the Tahoe regional planning agency.

      Sec. 10.  The position of a member of the governing body is vacated upon his loss of any of the qualifications required for his appointment, and the appointing authority shall appoint a successor.

      Sec. 11.  The members of the agency shall serve without compensation, but are entitled to receive the per diem expense allowances and travel expenses provided by law for city, county and state employees, respectively. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by sections 2 to 26, inclusive, of this act, unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.

      Sec. 12.  The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.

      Sec. 13.  1.  The governing body of the agency shall meet at the call of the chairman or on the request of any two members. All meetings shall be open to the public to the extent required by the law applicable to local governments at the time such meeting is held.

      2.  Notice of any meeting so called shall be given by publishing the date, place and agenda at least 5 days prior to the meeting in a newspaper or combination of newspapers whose circulation is general throughout the region and in Carson City and in each county a portion of whose territory lies within the region.

      Sec. 14.  1.  A majority of the members of the governing body constitute a quorum for the transaction of the business of the agency. A majority vote of the members present shall be required to take action with respect to any matter. The vote of each member of the governing body shall be individually recorded.

      2.  The governing body may in other respects adopt its own rules of procedure.

      Sec. 15.  1.  The agency shall establish and maintain an office within the state. The agency may rent property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of the State of Nevada shall be open to inspection and copying during regular office hours.

      2.  The agency shall be deemed to be a local government for the purposes of the Local Government Budget Act.

      Sec. 16.  The agency shall appoint an advisory planning commission to serve in an advisory capacity to the agency.


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ê1973 Statutes of Nevada, Page 1384 (Chapter 714, SB 490)ê

 

to serve in an advisory capacity to the agency. The planning commission shall include but shall not be limited to:

      1.  The chief planning officers of Carson City and the counties of Douglas and Washoe;

      2.  The county health officer of Douglas County or his designee;

      3.  The county health officer of Washoe County or his designee;

      4.  The chief of the bureau of environmental health of the health division of the department of health, welfare and rehabilitation or his designee;

      5.  The executive officer of the Nevada Tahoe regional planning agency, who shall act as chairman; and

      6.  At least two lay members, each of whom shall be a resident of the region.

      Sec. 17.  1.  The governing body may determine the qualifications of and appoint an executive officer for the agency and may, within the limits of available funds, fix the salary of such executive officer. The governing body may also, within the limits of available funds, employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under sections 2 to 26, inclusive, of this act or in accordance with any intergovernmental contracts or agreements which the agency may be responsible for administering.

      2.  The agency is a public employer for the purposes of chapter 286 of NRS, and a public agency for the purposes of chapter 287 of NRS.

      Sec. 18.  1.  When an application for approval of the development or construction of a business or recreational establishment subject to the provisions of sections 2 to 26, inclusive, of this act has been submitted to the appropriate local authority, and the local authority has made its final determination of approval, the application shall be referred forthwith to the agency for review as to environmental impact and effect. The agency shall consider each application on an individual basis and shall, by resolution, either approve, approve with conditions or disapprove each application within 30 days plus notice and publication time as provided in subsection 3. A resolution adopted by the agency approving the application shall be required before the applicant may proceed with such development or construction.

      2.  The governing body shall adopt all necessary ordinances, rules, regulations and policies for the determination of environmental impact and effect, for the approval or disapproval of individual applications and for otherwise implementing the provisions of sections 2 to 26, inclusive, of this act. Such ordinances, rules, regulations and policies shall include but need not be limited to criteria for determining the effect of each proposal upon the availability of services, public facilities and natural resources, and the capacity of the environment to tolerate additional development.

      3.  Whenever an application is referred to the agency for review, the agency shall take final action upon whether to approve, to require modification or to reject such application within 30 days after such application is delivered to the agency, plus the 5-day notice and publication period required by subsection 2 of section 13 of this act. If the agency does not take final action within such 30-day period plus notice and publication time, the application shall be deemed approved.


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

ê1973 Statutes of Nevada, Page 1385 (Chapter 714, SB 490)ê

 

      4.  Except as otherwise provided in sections 2 to 26, inclusive, of this act, agency procedures shall be subject to the provisions of chapter 233B of NRS.

      Sec. 19.  1.  Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region.

      2.  Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.

      Sec. 20.  All ordinances, rules, regulations and policies adopted by the agency shall be enforced by the agency and by Carson City and the counties. The appropriate courts of this state, each within its limits of territory and subject matter provided by law, are vested with jurisdiction over civil actions to which the agency is a party and criminal actions for violations of its ordinances, rules and regulations.

      Sec. 21.  Violation of any ordinance, rule and regulation of the agency is a misdemeanor.

      Sec. 22.  1.  The agency may fix and collect reasonable fees for any services rendered by it.

      2.  The agency may receive gifts, donations, subventions, grants and other financial aids and funds.

      Sec. 23.  1.  It is unlawful for any member of the governing body of the agency to be interested, directly or indirectly, in any contract made by him, or be a purchaser or be interested, directly or indirectly, in any purchase of a sale made by him in the discharge of his official duties.

      2.  All contracts made in violation of subsection 1 may be declared void at the instance of the agency, or of any other party interested in such contract, except the member prohibited from making or being interested in such contract.

      3.  Any person who violates the provisions of this section is guilty of a gross misdemeanor and shall forfeit his office.

      Sec. 24.  In the region of this state for which there has been created by sections 2 to 26, inclusive, of this act a regional planning agency, the powers conferred by this chapter upon any other authority with respect to the business and recreational establishments subject to the provisions of sections 2 to 26, inclusive, of this act are subordinate to the powers of such regional planning agency, and may be exercised only to the extent that their exercise does not conflict with any ordinance, rule, regulation or policy adopted by such regional planning agency.

      Sec. 25.  The Nevada Tahoe regional planning agency shall exercise authority, powers and functions within the region pursuant to sections 2 to 26, inclusive, of this act:

      1.  Only with respect to business and recreational establishments which are required by law to be individually licensed by the State of Nevada, whether or not any such business or establishment was so licensed prior to the effective date of this act or is to be constructed on land which was so zoned or designated in a finally adopted master plan on February 5, 1968, as to permit the construction of any such business or establishment; and

      2.  Only with respect to authority, powers and functions which are not granted to the Tahoe regional planning agency by the Tahoe Regional Planning Compact or which are excluded, excepted or limited, wholly or partially, from the authority, powers and functions granted to the Tahoe regional planning agency by such compact.


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ê1973 Statutes of Nevada, Page 1386 (Chapter 714, SB 490)ê

 

granted to the Tahoe regional planning agency by the Tahoe Regional Planning Compact or which are excluded, excepted or limited, wholly or partially, from the authority, powers and functions granted to the Tahoe regional planning agency by such compact.

      Sec. 26.  If at any time the State of California or the State of Nevada withdraws from the Tahoe Regional Planning Compact, the agency created by sections 2 to 26, inclusive, of this act shall assume the powers and duties of the Nevada Tahoe regional planning agency created by NRS 278.702 to 278.772, inclusive.

      Sec. 27.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 715, SB 590

Senate Bill No. 590–Senator Walker

CHAPTER 715

AN ACT relating to the department of health, welfare and rehabilitation; changing the name of such department; reorganizing its structure, powers and duties in the area of rehabilitation; including services to the blind, alcohol and drug abuse and vocational rehabilitation; adding to the powers and duties of the aging services division; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 232.290 is hereby amended to read as follows:

      232.290  As used in NRS 232.290 to 232.350, inclusive, and sections 5 to 8, inclusive, of this act, unless the context requires otherwise:

      1.  “Department” means the department of [health, welfare and rehabilitation.] human resources.

      2.  “Director” means the director of the department of [health, welfare and rehabilitation.] human resources.

      Sec. 2.  NRS 232.300 is hereby amended to read as follows:

      232.300  1.  The department of [health, welfare and rehabilitation] human resources is hereby created.

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

      (a) Aging services division.

      (b) [Alcoholism division.

      (c)] Children’s home division.

      [(d)](c) Health division.

      [(e)](d) Mental hygiene and mental retardation division.

      [(f)](e) Nevada girls training center division.

      [(g)](f) Nevada youth training center division.

      [(h)](g) Rehabilitation division.

      [(i) Services to the blind division.

      (j)](h) Welfare division.

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


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ê1973 Statutes of Nevada, Page 1387 (Chapter 715, SB 590)ê

 

      Sec. 3.  NRS 232.320 is hereby amended to read as follows:

      232.320  The director shall:

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

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

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

      Sec. 4.  Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 8, inclusive, of this act.

      Sec. 5.  The rehabilitation division of the department shall consist of the administrator and the following bureaus:    1.  Bureau of services to the blind.

      2.  Bureau of alcohol and drug abuse.

      3.  Bureau of vocational rehabilitation.

      Sec. 6.  The administrator of the rehabilitation division of the department shall:

      1.  Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS unless federal law or regulation requires otherwise, in which case the administrator shall be in the classified service of the state pursuant to the provisions of such chapter.

      2.  Be responsible for the administration, through the bureaus of the division, of the provisions of NRS 426.520 to 426.720, inclusive, chapters 458 and 615 of NRS, sections 5 to 8, inclusive, of this act and all other provisions of law relating to the functions of the division and its bureaus, but shall not be responsible for the professional line activities of the bureaus except as specifically provided by law.

      Sec. 7.  The administrator of the rehabilitation division of the department may employ, within the limits of legislative appropriations and pursuant to the provisions of chapter 284 of NRS, such staff as is necessary to the performance of his duties.


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ê1973 Statutes of Nevada, Page 1388 (Chapter 715, SB 590)ê

 

      Sec. 8.  1.  The administrator of the rehabilitation division of the department shall appoint, with the consent of the director, a head of each bureau in the division, to be known as the chief of his respective bureau.

      2.  The chief of each such bureau shall:

      (a) Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS unless federal law or regulation requires otherwise, in which case the chief shall be in the classified service of the state pursuant to the provisions of such chapter.

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

      (c) Administer the provisions of law relating to his bureau, subject to the administrative supervision of the administrator.

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

      Sec. 9.  NRS 426.520 is hereby amended to read as follows:

      426.520  As used in NRS 426.520 to 426.610, inclusive, and section 10 of this act, unless the context otherwise requires:

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

      2.  “Blind person” means any person who by reason of loss or impairment of eyesight is unable to provide himself with the necessities of life, and who has not sufficient income of his own to maintain himself, and shall include any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.

      [2.] 3.  “Bureau” means the bureau of services to the blind in the rehabilitation division.

      4.  “Chief” means the chief of the bureau.

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

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

      7.  “Division” means the [services to the blind] rehabilitation division of the department of [health, welfare and rehabilitation.] human resources.

      Sec. 10.  Chapter 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The department shall administer the provisions of NRS 426.520 to 426.610, inclusive, as the sole agency in the state for such purpose.

      Sec. 11.  NRS 426.550 is hereby amended to read as follows:

      426.550  1.  [The division shall be the sole agency in the state responsible for the rehabilitation of the blind.

      2.  The division] The bureau shall be headed by a [supervisor] chief who is experienced in work for the blind. Preference shall be given to qualified blind persons in filling the position of [supervisor of the division.] chief.

      [3.] 2.  The [supervisor of the division] chief shall be directly responsible to the administrator. [director of the department of health, welfare and rehabilitation.]

      [4.  The division] 3.  The bureau shall:

      (a) Assist blind persons in achieving physical and psychological orientation, inform blind persons of available services, stimulate and assist the blind in achieving social and economic independence, and do all things which will ameliorate the condition of the blind.

 


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ê1973 Statutes of Nevada, Page 1389 (Chapter 715, SB 590)ê

 

blind in achieving social and economic independence, and do all things which will ameliorate the condition of the blind.

      (b) Provide intensive programs of case finding, education, training, job findings and placement, physical restoration, and such other services and equipment as may assist in rendering blind persons more self-supporting and socially independent.

      Sec. 12.  NRS 426.555 is hereby amended to read as follows:

      426.555  Subject to the approval of the director, [of the department of health, welfare and rehabilitation, the supervisor of the division] the chief or his designated representative shall:

      1.  Prepare a state plan for the vocational rehabilitation of the blind. The state plan shall be kept up to date and subject to approval of the Federal Government.

      2.  Prepare reports for the Federal Government pursuant to the Vocational Rehabilitation Act Amendments of 1965 (Title 29 U.S.C., as amended), any future amendments thereof and the regulations promulgated thereunder.

      Sec. 13.  NRS 426.560 is hereby amended to read as follows:

      426.560  1.  Subject to the approval of the department, [of health, welfare and rehabilitation,] the division shall [have the power] direct the bureau to make administrative rules and regulations to enforce the provisions of this chapter related to services for the blind, which rules and regulations shall not conflict with the provisions of this chapter.

      2.  Such rules and regulations shall recognize that the needs and problems of blind persons are special to them and may differ materially from the needs and problems of other persons.

      Sec. 14.  NRS 426.563 is hereby amended to read as follows:

      426.563  Costs of administration of NRS 426.520 to 426.720, inclusive, shall be paid out on claims presented by the [division] bureau in the same manner as other claims against the state are paid.

      Sec. 15.  NRS 426.565 is hereby amended to read as follows:

      426.565  1.  There is hereby created the services to the blind [division] revolving fund, which shall be used by the [supervisor of services to the blind] chief for the purpose of providing inventories of tools, aids, appliances, supplies and other accessories used by the blind. The [supervisor] chief shall sell such tools, aids, appliances, supplies and other accessories used by the blind at cost or cost-plus-administration cost and receipts shall be deposited forthwith in the services to the blind [division] revolving fund.

      2.  The [supervisor of services to the blind] chief shall deposit the money in the services to the blind [division] revolving fund in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS, and the deposit shall be secured by a depository bond satisfactory to the state board of examiners.

      3.  Purchases made for the purpose of providing and maintaining the inventories authorized by subsection 1 shall be exempt from the provisions of chapter 333 of NRS.

      Sec. 16.  NRS 426.566 is hereby amended to read as follows:

      426.566  1.  There is hereby created a [services to] rehabilitation of the blind [division rehabilitation services] revolving fund, in the amount of $5,000, which shall be used, under procedures established by the [division,] bureau and approved by the administrator, for the purposes of payment of:

 


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ê1973 Statutes of Nevada, Page 1390 (Chapter 715, SB 590)ê

 

of $5,000, which shall be used, under procedures established by the [division,] bureau and approved by the administrator, for the purposes of payment of:

      (a) The claims of clients and vendors, including maintenance, transportation and other rehabilitation services; and

      (b) Vending stand repairs and other similar expenses associated with the establishment and operation of vending stands.

      2.  Upon written request from the [supervisor of the division,] chief, the state controller is authorized and directed to draw his warrant from funds already appropriated in favor of the [supervisor of the division] chief in the sum of $5,000, and upon presentation of the same to the state treasurer, the state treasurer is authorized and directed to pay the same from the general fund in the state treasury. The [supervisor of the division] chief shall deposit the money in the [services to] rehabilitation of the blind [division rehabilitation services] revolving fund in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS, and the deposit shall be secured by a depository bond satisfactory to the state board of examiners.

      3.  Purchases authorized under subsection 1 shall be exempt from the provisions of chapter 333 of NRS.

      4.  After expenditure of money from the [services to] rehabilitation of the blind [division rehabilitation services] revolving fund, the [supervisor of the division] chief shall present a claim to the state board of examiners to be passed upon as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of such claim in favor of the [services to] rehabilitation of the blind [division rehabilitation services] revolving fund and the state treasurer shall pay the same. Such receipts shall be deposited forthwith in the [services to] rehabilitation of the blind [rehabilitation services] revolving fund.

      Sec. 17.  NRS 426.567 is hereby amended to read as follows:

      426.567  1.  The [division] bureau is authorized to accept, with the approval of the governor, gifts, bequests, devises, grants or trusts of funds or property to the [division] bureau or to the State of Nevada for purposes of helping the blind. Any funds received shall be deposited in the state treasury in a fund to be known as the state grant and gift fund for the blind.

      2.  The state grant and gift fund for the blind shall be a continuing fund without reversion, and money in the fund shall be used for the purposes specified by the donor or for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the [division.] bureau.

      Sec. 18.  NRS 426.570 is hereby amended to read as follows:

      426.570  1.  All employees of the [division] bureau shall be directly responsible to the [supervisor of the division.] chief.

      2.  Such employees shall consist of persons skilled in assisting blind persons to achieve social and economic independence.

      Sec. 19.  NRS 426.573 is hereby amended to read as follows:

      426.573  Information with respect to any individual applying for or receiving services to the blind shall not be disclosed by the [division] bureau or any of its employees to any person, association or body unless such disclosure is related directly to carrying out the provisions of NRS 426.520 to 426.610, inclusive, or upon written permission of the applicant or recipient.


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ê1973 Statutes of Nevada, Page 1391 (Chapter 715, SB 590)ê

 

bureau or any of its employees to any person, association or body unless such disclosure is related directly to carrying out the provisions of NRS 426.520 to 426.610, inclusive, or upon written permission of the applicant or recipient.

      Sec. 20.  NRS 426.575 is hereby amended to read as follows:

      426.575  When a blind person who is eligible to receive a maintenance allowance while pursuing a training program administered by the [division] bureau is accepted for such a training program, the [division] bureau may in its discretion pay any installment of such maintenance allowance in advance, based upon the amount allowed to the blind person, and adjust any succeeding payment to reflect actual duration of training during the period for which such advance was made.

      Sec. 21.  NRS 426.590 is hereby amended to read as follows:

      426.590  The [division] bureau is hereby designated as the licensing agency for the purposes of 20 U.S.C. § 107 (a-f), and acts amendatory thereto.

      Sec. 22.  NRS 426.610 is hereby amended to read as follows:

      426.610  1.  If any applicant for or recipient of services to the blind is dissatisfied with any action taken by, or failure to act on the part of, the [division] bureau in respect to his case, he shall have the right of appeal to the department [of health, welfare and rehabilitation] and the right to be represented in such appeal by his counsel or agent.

      2.  The department [of health, welfare and rehabilitation] shall provide an opportunity for a fair hearing of such individual’s appeal and shall review his case in all matters in respect to which he is dissatisfied.

      3.  If such individual feels himself aggrieved by the decision of the department [of health, welfare and rehabilitation] in respect to his case he shall have the right, at any time within 90 days after the mailing to him of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the department, [of health, welfare and rehabilitation,] a copy of which shall be certified as correct by the director [of the department of health, welfare and rehabilitation] and filed by the department [of health, welfare and rehabilitation] with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the department [of health, welfare and rehabilitation,] or, if it concludes that the findings of the department are not supported by evidence or that the department’s decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the department for further proceedings in conformity with the decision of the court.

      Sec. 23.  NRS 426.630 is hereby amended to read as follows:

      426.630  As used in NRS 426.630 to 426.720, inclusive, unless the context otherwise requires:

      1.  “Blind person” means any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.


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

ê1973 Statutes of Nevada, Page 1392 (Chapter 715, SB 590)ê

 

      2.  [“Division” means the services to the blind division of the department of health, welfare and rehabilitation.] “Bureau” means the bureau of services to the blind in the rehabilitation division of the department of human resources.

      3.  “Operator” means the individual blind person responsible for the day-to-day conduct of the vending stand operation.

      4.  “Public building” or “property” means any building, land or other real property, owned, leased or occupied by any department or agency of the State of Nevada or any of its political subdivisions except public elementary and secondary schools, the University of Nevada System and the Nevada state park system.

      5.  “Vending stand” means:

      (a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles as may be approved by the [division] bureau and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;

      (b) Manual or coin-operated vending machines or similar devices for vending such articles, operated in a particular building, even though no person is physically present on the premises except to service the machines;

      (c) Cafeteria or snack bar facilities for the dispensing of foodstuffs and beverages; or

      (d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages.

      Sec. 23.5.  NRS 426.630 is hereby amended to read as follows:

      426.630  As used in section 2 of [this act] Assembly Bill 511 of the 57th session of the legislature and NRS 426.630 to 426.720, inclusive, unless the context otherwise requires:

      1.  “Blind person” means any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.

      2.  [“Division” means the services to the blind division of the department of health, welfare and rehabilitation.] “Bureau” means the bureau of services to the blind in the rehabilitation division of the department of human resources.

      3.  “Operator” means the individual blind person responsible for the day-to-day conduct of the vending stand operation.

      4.  “Public building” or “property” means any building, land or other real property, owned, leased or occupied by any department or agency of the State of Nevada or any of its political subdivisions except public elementary and secondary schools, the University of Nevada System and the Nevada state park system.

      5.  “Vending stand” means:

      (a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles as may be approved by the [division] bureau and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;

 


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ê1973 Statutes of Nevada, Page 1393 (Chapter 715, SB 590)ê

 

as may be approved by the [division] bureau and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;

      (b) Manual or coin-operated vending machines or similar devices for vending such articles, operated in a particular building, even though no person is physically present on the premises except to service the machines;

      (c) Cafeteria or snack bar facilities for the dispensing of foodstuffs and beverages; or

      (d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages.

      Sec. 24.  NRS 426.640 is hereby amended to read as follows:

      426.640  For the purposes of providing blind persons with remunerative employment, enlarging the economic opportunities of blind persons and stimulating blind persons to greater efforts to make themselves self-supporting with independent livelihoods, blind persons licensed under the provisions of NRS 426.630 to 426.720, inclusive, by the [division] bureau have priority of right to operate vending stands in or on any public buildings or properties where the locations are determined to be suitable, pursuant to the procedure provided in NRS 426.630 to 426.720, inclusive.

      Sec. 25.  NRS 426.650 is hereby amended to read as follows:

      426.650  Each head of the department or agency in charge of the maintenance of public buildings or properties shall:

      1.  Not later than July 1, 1959, notify the [division] bureau in writing of any and all existing locations where vending stands are in operation or where vending stands might properly and satisfactorily be operated.

      2.  Not less than 30 days prior to the reactivation, leasing, re-leasing, licensing or issuance of permit for operation of any vending stand, inform the [division] bureau of such contemplated action.

      3.  Inform the [division] bureau of any locations where such vending stands are planned or might properly and satisfactorily be operated in or about other public buildings or properties as may now or thereafter come under the jurisdiction of the department or agency for maintenance, such information to be given not less than 30 days prior to leasing, re-leasing, licensing or issuance of permit for operation of any vending stand in such public building or on such property.

      Sec. 26.  NRS 426.660 is hereby amended to read as follows:

      426.660  To effectuate further the purposes of NRS 426.630 to 426.720, inclusive, when new construction, remodeling, leasing, acquisition or improvement of public buildings or properties is authorized, consideration shall be given to planning and making available suitable space and facilities for vending stands to be operated by blind persons. Within thirty days after the commencement of the planning and design of any such project, written notice shall be given to the [division] bureau by the person or agency having charge of such planning and design.

      Sec. 27.  NRS 426.665 is hereby amended to read as follows:

      426.665  If a suitable location is available for a vending stand which requires the construction of a permanent building, the [division] bureau may construct such building, but only after obtaining approval of the legislature.


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ê1973 Statutes of Nevada, Page 1394 (Chapter 715, SB 590)ê

 

may construct such building, but only after obtaining approval of the legislature.

      Sec. 28.  NRS 426.670 is hereby amended to read as follows:

      426.670  The [division] bureau shall:

      1.  Make surveys of public buildings or properties to determine their suitability as locations for vending stands to be operated by blind persons and advise the heads of departments or agencies charged with the maintenance of such buildings or properties as to their findings.

      2.  With the consent of the head of the department or agency charged with the maintenance of the buildings or properties, establish vending stands in those locations which the [division] bureau has determined to be suitable, and may enter into leases or licensing agreements therefor.

      3.  Select, train, license and install qualified blind persons to manage or operate, or both manage and operate, such vending stands.

      4.  Execute contracts or agreements with blind persons to manage or operate, or both manage and operate, vending stands, which agreements may concern finances, management, operation and other matters concerning such stands.

      5.  When the [division] bureau deems such action appropriate, impose and collect license fees for the privilege of operating such vending stands.

      6.  Establish and effectuate such rules and regulations as it may from time to time deem necessary to assure the proper and satisfactory operation of such vending stands. Such rules and regulations shall provide a method for setting aside funds from the gross revenues of vending stand operations, and shall provide for the payment and collection thereof.

      7.  If the [division] bureau does not have sufficient funds to establish such vending stands, it may enter into contracts for the establishment and operation thereof. Such contracts shall include provision for payment of commissions to the [division] bureau based on revenues of the vending stands. Such commissions may, at the discretion of the [division] bureau, be assigned to licensed vending stand operators for maintenance of income purposes.

      8.  The [division] bureau may, by rule or regulation, provide a method for amortizing and recovering the cost of establishing vending stands.

      Sec. 29.  NRS 426.675 is hereby amended to read as follows:

      426.675  1.  The business enterprise contingent fund for the blind is hereby created in the state treasury.

      2.  Moneys received by the [division] bureau under the provisions of NRS 426.670, except commissions assigned to licensed vending stand operators, shall:

      (a) Be deposited in the business enterprise contingent fund for the blind.

      (b) Except as provided in subsection 3, remain in the fund and shall not revert to the general fund in the state treasury.

      (c) Be used for the purpose of purchasing, maintaining or replacing vending stands or the equipment therein, and for such other purposes, consistent with NRS 426.640, as may be provided by rule or regulation.

      3.  If the business enterprise contingent fund for the blind is dissolved, any moneys remaining therein shall revert to the general fund in the state treasury.


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ê1973 Statutes of Nevada, Page 1395 (Chapter 715, SB 590)ê

 

any moneys remaining therein shall revert to the general fund in the state treasury.

      4.  Purchases made pursuant to paragraph (c) of subsection 2 are exempt from the provisions of chapter 333 of NRS.

      Sec. 30.  NRS 426.680 is hereby amended to read as follows:

      426.680  1.  If, after a vending stand survey as authorized by NRS 426.670, the head of a department or agency in charge of the maintenance of any public building or property rejects or does not act upon a written recommendation of the [division] bureau that a vending stand be established or operated for the employment of blind persons, the matter shall be referred to the director of the department of [health, welfare and rehabilitation] human resources for review.

      2.  After reviewing the recommendation of the [division,] bureau, the director may refer the matter to the head of the department or agency concerned for further review and disposition.

      3.  If the director is not satisfied with the decision of the head of the department or agency concerned, the director may refer the matter for final decision and disposition to:

      (a) The governor, in the case of state buildings or properties.

      (b) The board of county commissioners, in the case of county buildings or properties.

      (c) The city council or other governing board of the municipality in the case of municipal buildings or properties.

      (d) The governing board of the political subdivision in the case of buildings or properties of other political subdivisions of this state.

      Sec. 31.  NRS 426.690 is hereby amended to read as follows:

      426.690  Vending stands operated under the provisions of NRS 426.630 to 426.720, inclusive, shall be used solely for the vending of such commodities and articles as may be approved by the [division] bureau and by the head of the department or agency in charge of the maintenance of the building or property in or on which such stand is operated.

      Sec. 32.  NRS 426.710 is hereby amended to read as follows:

      426.710  The [division] bureau may, in its discretion, utilize appropriate nonprofit corporations organized under the laws of this state, or other agencies, as trustees to provide day-to-day management and operation services for the vending stand program for the blind. Such corporations or agencies shall be reimbursed for their actual and necessary expenses by the operators of the vending stand units which compose the vending stand program for the blind in accordance with such rules and regulations as may be adopted by the [division] bureau and approved by the department of [health, welfare and rehabilitation.] human resources.

      Sec. 33.  NRS 426.720 is hereby amended to read as follows:

      426.720  1.  Persons operating vending stands in public buildings or on public properties as defined in NRS 426.630 prior to March 13, 1959, shall not be affected by the provisions of NRS 426.630 to 426.720, inclusive, except and only insofar as provided by subsection 2 of NRS 426.650.

      2.  Any blind person who is presently operating a vending stand in or on public buildings or properties who desires to avail himself of the advantages of the program authorized by NRS 426.630 to 426.720, inclusive, shall have the right to do so; and, in such instance, the [division] bureau may negotiate and consummate arrangements for the purchase of such vending stand equipment as it may deem necessary for the satisfactory operation of the vending stand.


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ê1973 Statutes of Nevada, Page 1396 (Chapter 715, SB 590)ê

 

inclusive, shall have the right to do so; and, in such instance, the [division] bureau may negotiate and consummate arrangements for the purchase of such vending stand equipment as it may deem necessary for the satisfactory operation of the vending stand.

      Sec. 34.  NRS 427A.010 is hereby amended to read as follows:

      427A.010  The legislature finds and declares that the older people of our state are entitled to receive, and it is the joint and several duty and responsibility of the state and local governments to provide, assistance to secure equal opportunity to the full and free enjoyment of the following objectives:

      1.  An adequate income in retirement.

      2.  The best possible physical and mental health which science can make available and without regard to economic status.

      3.  Suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford.

      4.  Full restorative services for those who require institutional care.

      5.  Opportunity for employment with no discriminatory personnel practices because of age.

      6.  Retirement in health, honor and dignity.

      7.  Pursuit of meaningful activity within the widest range of civic, cultural and recreational opportunities.

      8.  Efficient community services which provide social assistance in a coordinated manner and which are readily available when needed.

      9.  Immediate benefit from proven research knowledge which can sustain and improve health and happiness.

      10.  Freedom, independence and the free exercise of individual initiative in planning and managing their own lives.

      11.  The benefit of balanced nutrition.

      12.  Adequate day care center services.

      Sec. 35.  NRS 427A.020 is hereby amended to read as follows:

      427A.020  For the purposes of this chapter:

      1.  “Administrator” means the chief of the aging services division of the department. [of health, welfare and rehabilitation.]

      2.  “Day care center” means any health and care facility, as defined by NRS 449.011, which is maintained and operated primarily to provide care for one or more elderly disabled persons during the day.

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

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

      [4.] 5.  “Division” means the aging services division of the department. [of health, welfare and rehabilitation.]

      Sec. 36.  NRS 427A.040 is hereby amended to read as follows:

      427A.040  1.  The division shall:

      [1.] (a) Serve as a clearinghouse for information related to problems of the aged and aging.

      [2.] (b) Assist the director in all matters pertaining to problems of the aged and aging.


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ê1973 Statutes of Nevada, Page 1397 (Chapter 715, SB 590)ê

 

      [3.] (c) Develop plans, conduct and arrange for research and demonstration programs in the field of aging.

      [4.] (d) Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.

      [5.] (e) Prepare, publish and disseminate educational materials dealing with the welfare of older persons.

      [6.] (f) Gather statistics in the field of aging which other federal and state agencies are not collecting.

      [7.] (g) Stimulate more effective use of existing resources and available services for the aged and aging.

      (h) Develop and coordinate the implementation of a comprehensive state plan for providing services to meet the needs of older persons.

      (i) Coordinate all state and federal funding of service programs to the aging in the state.

      (j) Confer with the department as being the sole state agency in the state responsible for administering the provisions of this chapter.

      2.  The division may contract with any appropriate public or private agency, organization or institution, in order to carry out the provisions of this chapter.

      Sec. 37.  Chapter 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 38 to 45, inclusive, of this act.

      Sec. 38.  The bureau of alcohol and drug abuse is hereby created in the rehabilitation division of the department. The bureau shall:

      1.  Formulate and operate a comprehensive state plan for alcohol and drug abuse programs which shall include but not be limited to:

      (a) A survey of the need for education, prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout the state.

      (b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.

      (c) A survey of the need for trained teachers, health professionals and others involved in alcohol and drug abuse education and prevention and in the treatment and recovery of alcohol and drug abusers, and a plan to provide such necessary treatment.

      2.  Be responsible for coordinating the implementation of the state plan and coordinating all state and federal funding of alcohol and drug abuse programs in the state. The bureau shall be consulted in project planning and advised of all grant applications from within the state which are concerned with alcohol and drug abuse programs, and shall have the responsibility to review and advise concerning such applications.

      3.  Develop and publish standards of certification and have the authority to certify or deny certification of facilities on the basis of such standards, and publish a list of such certified facilities. Facilities which are not certified are ineligible to receive state and federal funds for alcohol and drug abuse programs.

      4.  Upon request from a self-supported facility, have the authority to certify such facility and add it to the list of certified facilities.

      Sec. 39.  The department shall administer the provisions of this chapter as the sole agency of the State of Nevada for such purpose.


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ê1973 Statutes of Nevada, Page 1398 (Chapter 715, SB 590)ê

 

      Sec. 40.  The department may contract with any appropriate public or private agency, organization or institution in order to carry out the provisions of this chapter.

      Sec. 41.  Alcohol and drug abusers shall be admitted to public or private general medical hospitals which receive federal or state funds for alcohol and drug abuse programs, and shall be treated in such hospitals on the basis of their medical need. No general medical hospital that violates this section is eligible to receive further federal or state assistance pursuant to the provisions of this chapter.

      Sec. 42.  1.  The drug abuse receipts fund is hereby created in the state treasury for the use of the bureau.

      2.  All fees and moneys received by the bureau under the provisions of subsection 3 of NRS 458.103 and 458.105 concerning drug abuse, other than alcohol abuse, shall be deposited in the drug abuse receipts fund.

      3.  Expenditures from the drug abuse receipts fund shall be made only for the purposes authorized in this chapter.

      4.  All moneys in the drug abuse receipts fund shall be paid out on claims approved by the chief as other claims against the state are paid.

      Sec. 43.  There is hereby created in the bureau the alcohol and drug abuse advisory board. The board shall reflect a geographical distribution within the state and shall consist of 13 members, each of whom shall be well informed as to the nature and problem of alcohol and drug abuse. The board members shall be appointed by the governor and shall serve at his pleasure.

      Sec. 44.  The board shall elect one of its members as chairman. On the call of the chairman, the board shall meet at least once a year.

      Sec. 45.  1.  To preserve the confidentiality of any information concerning persons applying for or receiving any services under this chapter, the bureau may establish and enforce rules governing the confidential nature, custody, use and preservation of the records, files and communications filed with the bureau.

      2.  Wherever information concerning persons applying for and receiving any services under this chapter is furnished to or held by any other government agency or a public or private institution, the use of such records by such agency or institution shall be bound by the confidentiality rules of the bureau.

      3.  Except for purposes directly connected with the administration of this chapter, no person may disclose, use or permit to be disclosed, any confidential information concerning a person receiving services under the provisions of this chapter.

      Sec. 46.  NRS 458.010 is hereby amended to read as follows:

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

      1.  [“Administrator” means the administrator of the alcoholism division of the department of health, welfare and rehabilitation.] “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.

      2.  “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.


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ê1973 Statutes of Nevada, Page 1399 (Chapter 715, SB 590)ê

 

alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.

      [2.] 3.  “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, [morals,] safety or welfare of himself or any other person or group of persons.

      [3.  “Arrested alcoholic” means an alcoholic who has found a way to live normally without the use of alcoholic beverages.]

      4.  “Board” means the state [alcoholism] alcohol and drug abuse advisory board.

      5.  “Bureau” means the bureau of alcohol and drug abuse in the rehabilitation division of the department.

      6.  “Chief” means the chief of the bureau.

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

      [5.]8.  “Director” means the director of the department. [of health, welfare and rehabilitation.]

      9.  “Facility” means a public or private institution concerned with the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

      Sec. 46.5.  NRS 458.010 is hereby amended to read as follows:

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

      1.  [“Administrator” means the administrator of the alcoholism division of the department of health, welfare and rehabilitation.] “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.

      2.  “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.

      [2.]3.  “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, [morals,] safety or welfare of himself or any other person or group of persons.

      [3.  “Arrested alcoholic” means an alcoholic who has found a way to live normally without the use of alcoholic beverages.]

      4.  “Board” means the state [alcoholism] alcohol and drug abuse advisory board.

      5.  “Bureau” means the bureau of alcohol and drug abuse in the rehabilitation division of the department.

      6.  “Chief” means the chief of the bureau.

      7.  “Civil protective custody” means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.

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

      [6.]9.  “Director” means the director of the department. [of health, welfare and rehabilitation.]

      10.  “Facility” means a public or private institution concerned with the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

      Sec. 47.  NRS 458.020 is hereby amended to read as follows:


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ê1973 Statutes of Nevada, Page 1400 (Chapter 715, SB 590)ê

 

      458.020  Nothing in this chapter is affected by the provisions of chapter 449 of NRS, and this chapter and all [rehabilitation centers authorized] facilities certified [hereunder] under this chapter are hereby declared to be exempt and excluded from such provisions.

      Sec. 48.  NRS 458.040 is hereby amended to read as follows:

      458.040  The [administrator] chief shall be:

      1.  [Experienced in the field of alcoholic rehabilitation.] Appointed on the basis of his education, training and experience as an administrator and his interest in the problems of alcohol and drug abuse.

      2.  In the unclassified service of the state pursuant to the provisions of chapter 284 of NRS unless federal law or regulation requires otherwise, in which case the chief shall be in the classified service of the state pursuant to the provisions of such chapter.

      3.  Allowed the per diem expense allowances and travel expenses [as fixed] provided by law.

      Sec. 49.  NRS 458.043 is hereby amended to read as follows:

      458.043  As executive head of the [division, the administrator] bureau, the chief shall:

      1.  Direct and supervise all administrative and technical activities as provided by this chapter, subject to administrative supervision by the [director.] administrator of the rehabilitation division of the department.

      2.  Pursuant to the provisions of chapter 284 of NRS, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the [alcoholism division] bureau may require.

      Sec. 50.  NRS 458.080 is hereby amended to read as follows:

      458.080  The [alcoholism division may:

      1.  By] bureau may, by contracting with organized groups, render partial financial assistance in the operation of [treatment and rehabilitation] facilities established by these groups. Each such contract shall contain a provision allowing the fiscal analyst to perform an audit of all accounts, books and other financial records of the organization with which the agency contracts.

      [2.  Aid such established rehabilitation centers in the procurement of supplies and equipment and act as receiving agent for such centers in the procurement of government surplus from the purchasing division of the department of administration.]

      Sec. 51.  NRS 458.100 is hereby amended to read as follows:

      458.100  The [alcoholism division] bureau may accept any gifts or bequests of personal property, tangible or intangible.

      Sec. 52.  NRS 458.103 is hereby amended to read as follows:

      458.103  The [alcoholism division] bureau may accept:

      1.  Funds appropriated and made available by any Act of Congress for any program administered by the [alcoholism division] bureau as provided by law.

      2.  Funds and contributions made available by a county, a city, a public district or any political subdivision of this state for any program administered by the [alcoholism division] bureau as provided by law.

      3.  Funds, contributions, gifts, grants and devises made available by a public or private corporation, by a group of individuals, or by individuals, for any program administered by the [alcoholism division] bureau as provided by law.


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ê1973 Statutes of Nevada, Page 1401 (Chapter 715, SB 590)ê

 

for any program administered by the [alcoholism division] bureau as provided by law.

      Sec. 53.  NRS 458.105 is hereby amended to read as follows:

      458.105  The [administrator] chief may fix reasonable fees for the sale of miscellaneous printed materials pertaining to [alcoholism] alcohol and drug abuse which are purchased or prepared by the [alcoholism division.] bureau.

      Sec. 54.  NRS 458.110 is hereby amended to read as follows:

      458.110  In addition to the activities set forth in [NRS 458.060 to 458.105, inclusive, the alcoholism division] NRS 458.080 to 458.105, inclusive, and sections 38 to 45, inclusive, of this act, the bureau may engage in any activity necessary to effectuate the purposes of this chapter.

      Sec. 55.  NRS 458.113 is hereby amended to read as follows:

      458.113  1.  The [alcoholism] alcohol abuse receipts fund is hereby created in the state treasury for the use of the [alcoholism division.] bureau.

      2.  All fees and moneys received by the [alcoholism division] bureau under the provisions of NRS 458.103 and 458.105, concerning alcohol abuse, shall be deposited in the [alcoholism] alcohol abuse receipts fund.

      3.  Expenditures from the [alcoholism] alcohol abuse receipts fund shall be made only for the purposes authorized in this chapter.

      4.  All moneys in the [alcoholism] alcohol abuse receipts fund shall be paid out on claims approved by the [administrator] chief as other claims against the state are paid.

      Sec. 56.  NRS 458.115 is hereby amended to read as follows:

      458.115  Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the [administrator] chief before they are paid.

      Sec. 57.  NRS 458.220 is hereby amended to read as follows:

      458.220  The board is solely advisory in character and is not delegated any administrative authority or responsibility, but it may prescribe rules and regulations for its own management and government. [It may advise the governor and the legislature on the rehabilitation and care of alcoholics.]

      Sec. 58.  NRS 615.020 is hereby amended to read as follows:

      615.020  As used in this chapter the words and terms defined in NRS [615.030] 615.040 to 615.140, inclusive, [shall,] and sections 60 and 61 of this act, unless the context otherwise requires, have the meanings ascribed to them in NRS [615.030] 615.040 to 615.140, inclusive [.] , and sections 60 and 61 of this act.

      Sec. 59.  Chapter 615 of NRS is hereby amended by adding thereto the provisions set forth as sections 60 and 61 of this act.

      Sec. 60.  “Bureau” means the bureau of vocational rehabilitation in the rehabilitation division of the department.

      Sec. 61.  “Chief” means the chief of the bureau.

      Sec. 62.  NRS 615.050 is hereby amended to read as follows:


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ê1973 Statutes of Nevada, Page 1402 (Chapter 715, SB 590)ê

 

      615.050  “Department” means the department of [health, welfare and rehabilitation.] human resources.

      Sec. 63.  NRS 615.060 is hereby amended to read as follows:

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

      Sec. 64.  NRS 615.150 is hereby amended to read as follows:

      615.150  The department, through the [division,] bureau, shall administer the provisions of this chapter as the sole agency of the State of Nevada for such purpose.

      Sec. 65.  NRS 615.160 is hereby amended to read as follows:

      615.160  The [administrator] chief shall be appointed on the basis of his education, training, experience and demonstrated abilities and of his interest in vocational rehabilitation and related programs.

      Sec. 66.  NRS 615.180 is hereby amended to read as follows:

      615.180  1.  The [administrator] chief shall:

      (a) Subject to the approval of the [director,] administrator of the rehabilitation division of the department, adopt rules and regulations necessary to carry out the purposes of this chapter;

      (b) Establish appropriate administrative units within the [division;] bureau;

      (c) Appoint such personnel and prescribe their duties as he deems necessary for the proper and efficient performance of the functions of the [division;] bureau;

      (d) Prepare and submit to the governor, through the director, before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter.

      (e) Make certification for disbursement of funds available for carrying out the purposes of this chapter; and

      (f) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.

      2.  The [administrator] chief may delegate to any officer or employee of the [division] bureau such of his powers and duties as he finds necessary to carry out the purposes of this chapter.

      Sec. 67.  NRS 615.190 is hereby amended to read as follows:

      615.190  The [division] bureau shall:

      1.  Take action necessary or appropriate to carry out the purposes of this chapter; and

      2.  Cooperate with other departments, agencies and institutions, both public and private, in providing for the vocational rehabilitation of handicapped individuals, in studying the problems involved therein, and in planning, establishing, developing and providing such programs, facilities and services as may be necessary or desirable.

      Sec. 68.  NRS 615.200 is hereby amended to read as follows:

      615.200  The [division] bureau may:

      1.  Enter into reciprocal agreements with other states (which, for this purpose, may include the District of Columbia, Puerto Rico, the Virgin Islands and Guam) to provide for the vocational rehabilitation of individuals within the states concerned;


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

ê1973 Statutes of Nevada, Page 1403 (Chapter 715, SB 590)ê

 

      2.  Establish or construct rehabilitation facilities and workshops and make grants to, or contracts or other arrangements with, public and other nonprofit organizations for the establishment of workshops and rehabilitation facilities;

      3.  Operate facilities for carrying out the purposes of this chapter;

      4.  In matters relating to vocational rehabilitation:

      (a) Conduct research, studies, investigations and demonstrations and make reports;

      (b) Provide training and instruction (including the establishment and maintenance of such research fellowships and traineeships with such stipends and allowances as may be deemed necessary);

      (c) Disseminate information; and

      (d) Render technical assistance; and

      5.  Provide for the establishment, supervision, management and control of small business enterprises to be operated by severely handicapped persons where their operation will be improved through the management and supervision of the [division.] bureau.

      Sec. 69.  NRS 615.210 is hereby amended to read as follows:

      615.210  1.  The State of Nevada accepts the provisions and benefits of the Act of Congress entitled “An act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment,” approved June 2, 1920, and as the same has been or may be amended.

      2.  In addition to the provisions of subsection 1, the [division] bureau is authorized to accept and direct the disbursement of funds appropriated by any Act of Congress and apportioned to the State of Nevada for use in connection with the vocational rehabilitation program.

      3.  In accepting the provisions and benefits of the Acts of Congress referred to in subsections 1 and 2, the State of Nevada agrees to observe and comply with all of their requirements.

      Sec. 70.  NRS 615.220 is hereby amended to read as follows:

      615.220  1.  In order to facilitate the making of vocational rehabilitation disability determinations in this state, the department through the [division,] bureau, on behalf of the State of Nevada, is authorized to enter into an agreement or agreements with the United States Government, by and through the Secretary of Health, Education, and Welfare, or any other federal agency, for the making of disability determinations, receiving and expending federal funds for the making of such determinations, and to perform other acts and functions necessary to effectuate the provisions of any Act of Congress, and with all applicable federal regulations adopted pursuant thereto.

      2.  The department, by and through the [division,] bureau, shall make the disability determinations required by the provisions of any Act of Congress, and the state treasurer is directed to disburse the funds required for the making of such determinations upon claims by the [administrator] chief in the same manner as other claims against the state are paid.

      Sec. 71.  NRS 615.230 is hereby amended to read as follows:

      615.230  1.  The department through the [division] bureau shall make agreements, arrangements or plans to:


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

ê1973 Statutes of Nevada, Page 1404 (Chapter 715, SB 590)ê

 

      (a) Cooperate with the Federal Government in carrying out the purposes of this chapter or of any federal statutes pertaining to vocational rehabilitation and to this end may adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of such agreements, arrangements or plans for vocational rehabilitation; and

      (b) Comply with such conditions as may be necessary to secure the full benefits of such federal statutes.

      2.  Upon designation by the governor, in addition to those provided in subsection 1, the department through the [division] bureau may perform functions and services for the Federal Government relating to individuals under a physical or mental disability.

      Sec. 72.  NRS 615.240 is hereby amended to read as follows:

      615.240  1.  The [division] bureau is authorized to comply with such requirements as may be necessary to obtain federal funds in the maximum amount and most advantageous proportion possible.

      2.  If federal funds are not available to the state for vocational rehabilitation purposes, the department shall include as a part of its budget a request for adequate state funds for vocational rehabilitation purposes.

      Sec. 73.  NRS 615.250 is hereby amended to read as follows:

      615.250  1.  The state treasurer is designated as custodian of all moneys received from the Federal Government for carrying out the purposes of this chapter or any agreements, arrangements or plans authorized thereby.

      2.  The state treasurer shall make disbursements from such funds and from all state funds available for the purposes of this chapter upon certification by the designated official of the [division.] bureau.

      Sec. 74.  NRS 615.255 is hereby amended to read as follows:

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

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

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


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

ê1973 Statutes of Nevada, Page 1405 (Chapter 715, SB 590)ê

 

      Sec. 74.5.  NRS 615.255 is hereby amended to read as follows:

      615.255  1.  There is hereby created in the state treasury the vocational rehabilitation [division] revolving fund in the amount of $10,000 to be used for the payment of claims of clients and vendors under procedures established by the [division.] bureau.

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

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

      4.  Moneys in the vocational rehabilitation [division] revolving fund shall not revert to the general fund at the end of the fiscal year, but shall continue in the revolving fund from year to year.

      5.  Purchases paid for from the vocational rehabilitation [division] revolving fund for the purposes authorized by subsection 1 shall be exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of administration or his designated representative.

      Sec. 75.  NRS 615.260 is hereby amended to read as follows:

      615.260  1.  The [division] bureau is authorized and empowered to accept and use gifts made by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the [administrator] chief are proper and consistent with the provisions of this chapter may be held, invested, reinvested and used in accordance with the conditions of the gift.

      2.  All moneys received as gifts shall be deposited in the state treasury and shall constitute a permanent fund to be called the special maintenance fund for the vocational rehabilitation of disabled persons. Such moneys may be invested, reinvested and used as provided in subsection 1.

      Sec. 75.5.  NRS 615.260 is hereby amended to read as follows:

      615.260  1.  The [division] bureau is authorized and empowered to accept and use gifts made by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the [administrator] chief are proper and consistent with the provisions of this chapter may be held, invested, reinvested and used in accordance with the conditions of the gift.

      2.  All moneys received as gifts shall be deposited in the state treasury and shall constitute a permanent fund to be called the special maintenance fund for the vocational rehabilitation of disabled persons.


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

ê1973 Statutes of Nevada, Page 1406 (Chapter 715, SB 590)ê

 

fund for the vocational rehabilitation of disabled persons. Such moneys may be invested, reinvested and used as provided in subsection 1.

      3.  Moneys in the special maintenance fund for the vocational rehabilitation of disabled persons shall not revert to the general fund at the end of the fiscal year, but shall continue in such fund from year to year.

      Sec. 76.  NRS 615.280 is hereby amended to read as follows:

      615.280  1.  Any individual applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the [division] bureau with respect to him shall be entitled, in accordance with regulations, to an opportunity for a fair hearing before the [division] bureau and the right to be represented in the hearing by his counsel.

      2.  If after such hearing the individual feels himself aggrieved by the decision of the [division] bureau in respect to his case he shall have the right, at any time within 90 days after the mailing to him of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the [division,] bureau, a copy of which shall be certified as correct by the [administrator] chief and filed by the [division] bureau with the clerk of the court as part of its answer to any such petition for review.

      3.  The district court shall either affirm the decision of the [division,] bureau, or, if it concludes that the findings of the [division] bureau are not supported by evidence or that the [division’s] bureau’s decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the [division] bureau for further proceedings in conformity with the decision of the court.

      Sec. 77.  NRS 615.290 is hereby amended to read as follows:

      615.290  It is unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program or any other arrangements, agreements or plans pursuant to this chapter, and in accordance with regulations of the [division,] bureau, for any person to solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of any list of, or names of, or any information concerning, persons applying for or receiving any services under this chapter, directly or indirectly derived from the records, papers, files or communications of the [division,] bureau, or acquired in the course of the performance of its official duties.

      Sec. 78.  Section 1 of Senate Bill 69 of the 57th session of the legislature, being chapter 53, Statutes of Nevada 1973, is hereby amended to read as follows:

      Section 1.  Chapter 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The [division] bureau may establish vending stands in privately owned buildings, if the building owner in each instance consents and enters into an agreement approved by the [division.] bureau.

      Sec. 79.  NRS 458.030, 458.045, 458.050, 458.060, 458.070, 458.090, 458.095, 458.120, 458.130, 458.140, 458.150, 458.160, 458.170, 458.180, 458.190, 458.200, 458.210, 458.230, 615.030 and 615.070 are hereby repealed.

      Sec. 80.  The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is added or further amended by another act:

 


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

ê1973 Statutes of Nevada, Page 1407 (Chapter 715, SB 590)ê

 

Nevada Revised Statutes with respect to any section which is not amended by this act or is added or further amended by another act:

      1.  If reference is made to the department of human resources by its former name as the department of health, welfare and rehabilitation, substitute the new name.

      2.  If reference is made to the bureau of services to the blind in the rehabilitation division of the department of human resources by its former name as the services to the blind division of the department of health, welfare and rehabilitation, substitute the new name.

      3.  If reference is made to the chief of the bureau of services to the blind by his former name as the supervisor of the services to the blind division, substitute the new name.

      4.  If reference is made to the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources by its former name as the alcoholism division of the department of health, welfare and rehabilitation, substitute the new name.

      5.  If reference is made to the chief of the bureau of alcohol and drug abuse by his former name as the administrator of the alcoholism division, substitute the new name.

      6.  If reference is made to a function assigned to the bureau of vocational rehabilitation in the rehabilitation division of the department of human resources by its former name as the rehabilitation division of the department of health, welfare and rehabilitation, substitute the new name.

      7.  If reference is made to the chief of the bureau of vocational rehabilitation in connection with a function assigned to the bureau by his former name as the administrator of the rehabilitation division, substitute the new name.

      Sec. 81.  Sections 1 and 2 of Assembly Bill No. 546 of the 57th session of the legislature are hereby repealed.

      Sec. 82.  1.  Section 23 of this act shall not become effective if Assembly Bill 511 of the 57th session of the Nevada legislature becomes law.

      2.  Section 23.5 of this act shall not become effective if Assembly Bill 511 of the 57th session of the Nevada legislature does not become law.

      3.  Section 46 of this act shall not become effective if Senate Bill 359 of the 57th session of the Nevada legislature becomes law.

      4.  Section 46.5 of this act shall not become effective if Senate Bill 359 of the 57th session of the Nevada legislature does not become law.

      5.  Sections 74 and 75 of this act shall not become effective if Assembly Bill 847 of the 57th session of the Nevada legislature becomes law.

      6.  Sections 74.5 and 75.5 of this act shall not become effective if Assembly Bill 847 of the 57th session of the Nevada legislature does not become law.

      Sec. 83.  This act shall become effective at 12:02 a.m. on July 1, 1973.

 

________


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

ê1973 Statutes of Nevada, Page 1408ê

 

CHAPTER 716, SB 634

Senate Bill No. 634–Committee on Legislative Functions

CHAPTER 716

AN ACT relating to publications distributed by the secretary of state; vesting the authority to distribute such publications in the legislative counsel bureau; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 2.380 is hereby amended to read as follows:

      2.380  The superintendent of the department of state printing shall cause to be printed upon good paper and in a workmanlike manner, bound in buckram and delivered to the [secretary of state] legislative counsel bureau a number of copies of each volume of decisions published after February 16, 1967, not less than 750 and sufficient in the opinion of the [secretary of state] director of the legislative counsel bureau to meet the requirements for free distribution pursuant to NRS 345.020 and for sale.

      Sec. 2.  NRS 2.390 is hereby amended to read as follows:

      2.390  Nevada Reports shall be distributed and sold by the [secretary of state] legislative counsel bureau as provided in NRS 345.020.

      Sec. 3.  NRS 3.160 is hereby amended to read as follows:

      3.160  Upon the certification by any district judge of any judicial district or by the county clerk of any county to the [secretary of state,] director of the legislative counsel bureau certifying that certain volumes of Nevada statutes or Nevada Reports are missing from the library of any district judge, the [secretary of state] legislative counsel bureau shall furnish, free of charge from the supply on hand, to the district judge or judges in any judicial district, the missing volumes of the Nevada statutes or Nevada Reports. The missing volumes shall be furnished for use by the district judge in the district judge’s library.

      Sec. 4.  NRS 218.120 is hereby amended to read as follows:

      218.120  1.  The [secretary of state] director of the legislative counsel bureau shall keep on hand for the exclusive use of the legislature when in session 50 copies of each volume of the Nevada Reports heretofore published.

      2.  No copy of any such volumes shall be taken from the office of the [secretary of state] legislative counsel bureau until the person desiring the use of the same [shall have] has deposited his written receipt therefor with the [secretary of state] legislative counsel bureau.

      3.  All copies of Nevada Reports so taken from the office of the [secretary of state] legislative counsel bureau shall be returned on or before the last day of any regular or special session of the legislature. If any person fails to return the reports he shall be liable for the value thereof, together with the costs of suit, to be recovered by suit in the name of the State of Nevada in any court of competent jurisdiction.

      Sec. 5.  NRS 218.480 is hereby amended to read as follows:

      218.480  1.  Whenever any message, report or other document in pamphlet form is ordered printed by the legislature, 125 copies, supplemental to the number ordered, shall be printed and retained by the superintendent of the department of state printing for binding with the journals of the senate and assembly.


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

ê1973 Statutes of Nevada, Page 1409 (Chapter 716, SB 634)ê

 

pamphlet form is ordered printed by the legislature, 125 copies, supplemental to the number ordered, shall be printed and retained by the superintendent of the department of state printing for binding with the journals of the senate and assembly.

      2.  At the end of each session of the legislature, 125 copies of the journals shall be printed, indexed and bound in book form in the same style as those of the 1927 session of the legislature. The journal of each house shall be bound separately.

      3.  At the end of each session of the legislature, 50 copies of the appendices shall be printed and bound in book form in the same style as those of the 1927 session of the legislature.

      4.  The director of the legislative counsel bureau shall direct the compilation of the journal indices, and shall deliver the completed journal indices to the superintendent of the department of state printing.

      5.  The bound volumes shall be delivered to the [secretary of state] legislative counsel bureau and shall constitute the journals of the senate and the assembly.

      6.  Each member of the legislature of which such journals are the record shall be entitled to one copy of the senate journal and one copy of the assembly journal.

      Sec. 6.  NRS 225.090 is hereby amended to read as follows:

      225.090  [1.]  The secretary of state shall superintend the printing, and have corrected a proof sheet of the acts, joint resolutions and journals required by law to be printed, by carefully comparing them with the enrolled bills and original journals on file in his office.

      [2.  He shall distribute the laws and journals as soon as printed in the manner required by chapter 345 of NRS.]

      Sec. 7.  NRS 225.120 is hereby amended to read as follows:

      225.120  On or before August 1, 1954, and in every second year thereafter, the secretary of state shall prepare and render a biennial report to the governor. There shall be included in the report:

      1.  An exhibit showing in detail all expenditures made by him or under his direction.

      2.  All moneys received by him from whatever source, and the disposition made of the same.

      3.  All matters relating to the general business of the office of secretary of state during the period embraced in the report.

      [4.  An itemized account of all statutes and Nevada Reports distributed by him under the provisions of law, stating to whom such distribution was made and the amount of money received from the sale of any such statutes and reports, and the number of each year’s issue remaining on hand.]

      Sec. 8.  NRS 345.010 is hereby amended to read as follows:

      345.010  Upon publication of the Statutes of Nevada, the [secretary of state] director of the legislative counsel bureau shall distribute them as follows:

      1.  To each of the judges of the District Court of the United States for the District of Nevada, one copy.

      2.  To the [Nevada state] supreme court law library, two copies.


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

ê1973 Statutes of Nevada, Page 1410 (Chapter 716, SB 634)ê

 

      3.  To each state officer, justice of the supreme court, clerk of the supreme court, district judge, county officer and justice of the peace in this state, one copy.

      4.  To each public library in this state, one copy.

      5.  To the Nevada historical society, one copy.

      Sec. 9.  NRS 345.020 is hereby amended to read as follows:

      345.020  Upon receipt of copies of each volume of Nevada Reports from the superintendent of the department of state printing, as provided in NRS 2.380, the [secretary of state] director of the legislative counsel bureau shall distribute them as follows:

      1.  To each of the judges of the District Court of the United States for the District of Nevada, one copy.

      2.  To the [Nevada state] supreme court law library, two copies.

      3.  To each state officer, justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, and justice of the peace in this state, one copy.

      4.  To each public library in this state, one copy.

      5.  To the Nevada historical society, one copy.

      Sec. 10.  NRS 345.023 is hereby amended to read as follows:

      345.023  The [secretary of state] legislative counsel bureau shall distribute such additional copies of the Statutes of Nevada and of Nevada Reports to the [Nevada state] supreme court law library as in [his opinion] the opinion of the director thereof may secure an interchange of appropriate works for such library. [, including newspapers published in the State of Nevada.]

      Sec. 11.  NRS 345.025 is hereby amended to read as follows:

      345.025  Within the limits of legislative appropriations, the [secretary of state] director of the legislative counsel bureau is authorized to pay the superintendent of the department of state printing for the reproduction by printing or other reproductive process of volumes of Nevada Reports which are out of print or of limited supply in the office of the [secretary of state.] legislative counsel bureau. Such reproduced volumes may be bound so as to contain one or more volumes of the original Nevada Reports and shall be sold to the public at the prices provided in NRS 345.050. The proceeds of such sales shall be deposited by the [secretary of state] director of the legislative counsel bureau in the [general fund] legislative fund in the state treasury.

      Sec. 12.  NRS 345.040 is hereby amended to read as follows:

      345.040  1.  The [secretary of state] legislative counsel bureau shall stamp or mark all books to be distributed, as provided by law, to supreme court justices, district judges, state and county officers, and justices of the peace as follows: “State property, to be turned over to your successor in office.”

      2.  Each person who receives a book so distributed shall retain such book for the use of his office and deliver all books so received to his successor in office, who shall give his receipt therefor.

      3.  The [secretary of state] legislative counsel bureau shall keep proper records showing to whom the books were issued and the location of the books so distributed, and shall file the records in [his] its office.


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

ê1973 Statutes of Nevada, Page 1411 (Chapter 716, SB 634)ê

 

Except as provided in NRS 3.160, the [secretary of state] legislative counsel bureau shall not supply a missing or second volume other than at the [statutory price.] price established pursuant to NRS 345.050.

      Sec. 13.  NRS 345.050 is hereby amended to read as follows:

      345.050  1.  The [secretary of state] director of the legislative counsel bureau is authorized to sell the following publications: [at the prices herein provided:]

 

      (a) Nevada Reports.

[For each volume.......................................................................................       $10.00]

      (b) Statutes of Nevada.

[For each volume up to and including Statutes of Nevada 1928-1929                     1.00

For each volume published after Statutes of Nevada 1928-1929...           10.00

For each volume of special session laws...............................................              .50]

      (c) Compilation of laws: [.]

(1) Compiled Laws of Nevada (1861-1873), by Bonnifield and Healy (two volumes). [, for each set.....................................................................            2.00]

(2) General Statutes Nevada 1885 (1861-1885), by Baily & Hammond. [, for each volume........................................................................................            1.00]

(3) Compiled Laws of Nevada 1861-1900, by Cutting. [, for each volume            1.00]

(4) Revised Laws of Nevada 1912, Volumes I and II (two volumes). [, for each set ................................................................................................ 3.00]

(5) Revised Laws of Nevada 1919, Volume III. [, for each volume                         1.50]

(6) Nevada Revised Statutes, including replacement and supplementary pages.

      (d) Miscellaneous publications: [.]

(1) Nevada Constitutional Debates & Proceedings 1864. [, for each volume         1.00]

(2) Nevada and Sawyer’s Digest 1878. [, for each volume..............              .50]

(3) Nevada Digest Annotated (1912), by Patrick. [, for each volume                       1.50]

(4) Annotations to Nevada Revised Statutes and the Nevada Digest, including replacement and supplementary pages.

(5) Journals of the assembly or senate. [, for each volume..............            5.00]

(6) Appendices to journals of senate and assembly. [, when bound separately, for each volume..................................................................................             5.00

 

      2.  When the Statutes of Nevada for any year are published in a set of two or more volumes, the price per set shall be $15.]

      2.  Prices for the publications enumerated in subsection 1 shall be set by:

      (a) The clerk of the supreme court, with the approval of the supreme court, for volumes of Nevada Reports.


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

ê1973 Statutes of Nevada, Page 1412 (Chapter 716, SB 634)ê

 

      (b) The legislative commission for all other publications.

      3.  No volume shall be sold or delivered until the purchase price therefor is first received.

      4.  Moneys for the sale of publications for which the price is set by:

      (a) The supreme court clerk shall be deposited in the general fund in the state treasury.

      (b) The legislative commission shall be deposited in the legislative fund in the state treasury.

      Sec. 14.  NRS 380.170 is hereby amended to read as follows:

      380.170  The [secretary of state] director of the legislative counsel bureau is authorized to transmit to the county clerk of each county, for the use of the law library established therein pursuant to the provisions of this chapter:

      1.  A copy of each publication [thereafter made by the state.] provided in NRS 345.050.

      2.  A copy of each volume of Nevada Reports and the Statutes of Nevada theretofore published.

      The [secretary of state] legislative counsel bureau shall charge and collect for such volumes the prices [provided by law.] established pursuant to NRS 345.050.

      Sec. 15.  Sections 18, 19 and 20 of Senate Bill No. 347 of the 57th session of the legislature are hereby repealed.

      Sec. 16.  Section 15 of this act shall become effective at 12:01 a.m. on July 1, 1973. All other sections of this act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 717, SB 640

Senate Bill No. 640–Committee on Finance

CHAPTER 717

AN ACT relating to the public employees’ retirement system; expanding the membership on the public employees’ retirement board; increasing the amount of certain contributions; changing certain provisions relating to eligibility for certain benefits; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 286.120 is hereby amended to read as follows:

      286.120  1.  The governing authority of the system shall be a board of [five] seven persons appointed by the governor.

      2.  The name of the board shall be the public employees’ retirement board.

      Sec. 1.5.  NRS 286.120 is hereby amended to read as follows:

      286.120  1.  The governing authority of the system shall be a board of [five] seven persons appointed by the governor.

      2.  The name of the board shall be the public employees’ retirement board.


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

ê1973 Statutes of Nevada, Page 1413 (Chapter 717, SB 640)ê

 

      3.  The governor shall review periodically the broad administrative policies and performance standards as they are being administered by the board.

      4.  The governor may remove and replace any board member for cause shown.

      Sec. 2.  NRS 286.130 is hereby amended to read as follows:

      286.130  1.  Of the first five members of the board, two shall be citizens:

      (a) Who have resided in the state for 2 years immediately preceding their appointment to the board; and

      (b) Neither of whom:

             (1) Is an employee of a public employer during his term of office on the board; or

             (2) Has been such an employee for 2 years immediately preceding his appointment to the board.

      2.  The other three members of the first five members of the board shall be persons who have had at least 10 years of service for the State of Nevada or its political subdivisions and who would be eligible for membership in the system if it were established at the time of their appointment. All successors of any of the three shall be members of the system with at least 10 years of public service in the State of Nevada.

      3.  Of the first five members of the board, the governor shall designate one member to serve until July 1, 1949, two members to serve until July 1, 1950, and two members to serve until July 1, 1951.

      4.  On July 1, 1973, the governor shall appoint two additional members to serve on the board until July 1, 1977. Such additional members shall be selected from a panel of 10 persons. Each of the following classes of public servants shall nominate two persons to comprise the panel:

      (a) Employees of the state and the University of Nevada System;

      (b) The academic staff of school districts, including principals and administrators;

      (c) Employees of cities, excluding Carson City;

      (d) Employees of counties, including Carson City and excluding employees of county hospitals; and

      (e) Employees of county hospitals, public utilities, power districts, sanitation districts, classified school employees and employees of other districts as determined by the board.

      5.  Except as otherwise provided in this section, a member of the board succeeding one of these [five] seven members shall serve for 4 years and until his successor is appointed and takes office. Each member of the board shall have the same qualifications and be appointed in the same manner as this chapter prescribes for his predecessor.

      Sec. 3.  NRS 286.140 is hereby amended to read as follows:

      286.140  If a member of the board fails to complete his term of office, the governor shall appoint a person to succeed him as a member of the board for the unexpired portion of the term. The successor member shall be appointed in the same manner and possess the same general qualifications as his predecessor in office.

      Sec. 4.  NRS 286.410 is hereby amended to read as follows:

      286.410  1.  [Each employee who is a member of the system, except police officers and firemen, shall contribute 6 percent of the gross compensation earned by him after July 1, 1971, as a member of the system.


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

ê1973 Statutes of Nevada, Page 1414 (Chapter 717, SB 640)ê

 

police officers and firemen, shall contribute 6 percent of the gross compensation earned by him after July 1, 1971, as a member of the system. Police officers and firemen who are members of the system shall contribute 6.5 percent.] Except as otherwise provided in this section, each employee who is a member of the system on June 30, 1973, shall contribute 7 percent of the gross compensation earned by him on and after July 1, 1973, as a member of the system. Police officers and firemen, as defined in NRS 286.060, who are members of the system shall contribute 7.5 percent. All persons who become members of the system after June 30, 1973, including police officers and firemen, who are at least 36 years of age but not more than 45 years of age at the time of employment shall contribute 9 percent. All such persons who are 46 years of age or older at the time of employment shall contribute 11 percent. All such persons who are police officers and firemen shall contribute one-half of 1 percent in addition to the contribution rate otherwise applicable. Although all contributions shall be maintained in one fund as required in NRS 286.220 and all valid charges may be paid therefrom, in order that income for, and the cost of, separate benefit programs may be readily ascertainable, it is declared that of the [6 percent contribution] aggregate contributions one-quarter of 1 percent shall be regarded as contributed for costs incurred in survivor benefits as established by NRS 286.671 to 286.6792, inclusive, and three-quarters of 1 percent shall be regarded as contributed for the post-retirement increases provided by NRS 286.575. The remaining amount shall be regarded as contributed for all other purposes. The contribution by police officers and firemen shall be prorated in the same manner as [the 6-percent contribution] other contributions except that one-half of 1 percent shall be for the early retirement provision.

      2.  Where accumulated leave is paid an employee by one participating employer at the time of termination of services, and the employee enters into a subsequent participating employment prior to the expiration of his accumulated leave, retirement contributions shall be taken only from the greater salary for that period of time in which the new employment and accumulated leave period coincide.

      3.  Where accumulated leave is paid an employee who is retiring, the employee may elect to have retirement contributions deducted from such payment with credit toward retirement for the period of time represented by such payment, or he may elect to receive such payment without retirement deductions. If the retiring employee does not make retirement contributions upon such payment the employing agency shall not make retirement contributions thereon. An election of retirement contributions pursuant to this subsection can be made only when the retiring employee is entering immediately into retired status and will begin receiving retirement payments. In all other cases where an employee terminates his employment, except in case of death, retirement contributions shall be deducted from such payments.

      4.  Contract employees in the educational facilities of the state who assume employment with other participating employers during times already covered by their contracts shall not make contributions upon the additional employment. However, retirement contributions may be made upon the greater of the two incomes.


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

ê1973 Statutes of Nevada, Page 1415 (Chapter 717, SB 640)ê

 

      5.  From each payroll during the period of his membership, the employer shall deduct the amount of the member’s contributions and transmit the deduction to the board at intervals designated and upon forms prescribed by the board.

      6.  No portion of the contribution referred to in this section shall be used for administrative expenses.

      Sec. 5.  NRS 286.440 is hereby amended to read as follows:

      286.440  1.  Whenever a member, who has previously withdrawn the amount credited to him as provided in NRS 286.430, returns to the service of a public employer participating in the system within 5 years after separation from previously covered employment, he may:

      (a) Redeposit, with interest, all contributions previously withdrawn; or

      (b) Elect to start as a new member.

      2.  If he should elect to repay his withdrawn contributions, an initial payment upon the withdrawn contributions must be made within 6 months after reemployment, or an agreement containing a schedule of payments must be entered into with the board within 6 months after reemployment. The entire amount of the withdrawn contributions must be repaid, with interest, within 5 years after return to employment where the amount is $1,500 or less, and within 8 years where the amount exceeds $1,500.

      3.  If an employee has lost the right to repayment through failure to elect to repay the withdrawn contributions within 6 months, he may, after 5 consecutive years of contribution following his return to employment, apply to the board for permission to reinstate such previous service, and the board may permit such repayment in a lump sum if interest is paid from the date of withdrawal to the date of repayment at the interest rate being earned by the retirement fund at the date of the board’s approval.

      4.  If the initial payment is not made or if an agreement is not entered into within 6 months after reemployment or if the entire amount of withdrawn contributions, with interest, is not redeposited within one of the periods provided for in subsection 2 or 3, the privilege of redepositing shall be withdrawn and service prior to the time of reemployment shall not be credited for benefits under the system; but if a reemployed member has repaid a portion of his withdrawn contributions at the conclusion of one of the periods provided for in subsection 2 and has not repaid the entire amount of such withdrawn contributions, he shall be given service credit for the service affected thereby in the same proportion that his repaid contributions bear to the total amount of withdrawn contributions. After partial repayment pursuant to subsection 2, a member may complete his repayment within the period and under the conditions prescribed in subsection 3, and receive full credit therefor.

      5.  Upon redepositing his withdrawn contributions, with interest, the member shall have restored completely his previous service credit which had been relinquished by the withdrawal of such contributions.

      6.  A reemployed member, who has elected to repay his withdrawn contributions and is separated from service before any service credit is forfeited under subsection 4, may, if subsequently reemployed, restore all previous service credit by complying with the provisions of this section.


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

ê1973 Statutes of Nevada, Page 1416 (Chapter 717, SB 640)ê

 

      7.  If a member returns to covered service at an older entry age, having withdrawn the amount credited to him, and, thereafter, makes provision for repayment as provided in this section, he shall contribute from his gross earnings a percentage appropriate to his reentry age.

      Sec. 6.  NRS 286.450 is hereby amended to read as follows:

      286.450  1.  Each public employer shall pay into the public employees’ retirement fund [6] 7 percent of all gross compensation, for members who are not peace officers or firemen, and [6.5] 7.5 percent for members who are peace officers or firemen, payable on or after July 1, 1971, at intervals prescribed by the board. Although all contributions shall be maintained in one fund as required in NRS 286.220 and all valid charges may be paid therefrom, in order that income for, and the cost of, separate benefit programs may be readily ascertainable, it is declared that of the [6] 7 percent contribution one-quarter of 1 percent shall be regarded as contributed for costs incurred in survivor benefits as established by NRS 286.671 to 286.6792, inclusive, and three-quarters of 1 percent shall be regarded as contributed for the post-retirement increases provided by NRS 286.575. The remaining amount shall be regarded as contributed for all other purposes. The contribution for peace officers and firemen shall be prorated on the same proportionate scale as the [6-percent] 7-percent contribution except that one-half of 1 percent shall be for the early retirement provision.

      2.  No portion of the contribution referred to in subsection 1 shall be used for administrative expenses.

      3.  Credit shall be granted a member of the system for all continuous service which he rendered to the state or to his public employer prior to the time the public employer commences to participate in the system.

      Sec. 7.  NRS 286.570 is hereby amended to read as follows:

      286.570  [1.]  Any person employed by the state or its political subdivisions who is a participating member of the system, who has been employed for a period of [20] 10 or more continuous years, and who leaves the employ of the state or its political subdivisions prior to the attainment of the minimum service retirement age, may elect to refuse the return of his contributions, and in place thereof, upon reaching minimum service retirement age, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system.

      [2.  Members with 15 or more years of service but with less than 20 years of service and who are more than 5 years from retirement age as specified elsewhere in this chapter may leave covered service and, upon attainment of retirement age, may receive an allowance which shall be reduced by 4 percent for each year less than 20 years. Fractions of years shall be prorated. The reduced allowance shall not be less than 80 percent of formula benefits.]

      Sec. 8.  NRS 286.610 is hereby amended to read as follows:

      286.610  1.  A member with [15] 10 or more years of service but who is not yet eligible for retirement by reason of age may elect to protect a beneficiary under the terms and conditions of one of Options 2 to 5, inclusive, as described in NRS 286.590.


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

ê1973 Statutes of Nevada, Page 1417 (Chapter 717, SB 640)ê

 

      2.  The protection to the beneficiary shall be calculated upon the member’s conditions of service and average salary obtaining on the 1st day of the month in which the application for such protection, upon a form prescribed by the board, shall be received in the office of the board.

      3.  Should the member die after the election has become effective, the designated beneficiary, if surviving, shall become eligible for receipt of an allowance under the elected plan at such time as the deceased member would have reached retirement age or, if either Option 4 or Option 5 has been elected, under the terms and conditions of such option, whichever is later. If the beneficiary does not survive to the date upon which the deceased member would have reached retirement age, or to such date as the beneficiary would be otherwise eligible for an allowance, the refund of the contributions of the deceased member shall be paid in equal shares directly and without probate or administration to the surviving children of the deceased member or, if there be no such surviving children, to the estate of the deceased beneficiary. The anticipated retirement age shall be that age upon which the member could have retired in consideration of service credited at the time of death.

      4.  Should the member die after the effective date of protection, the allowance payable to the designated beneficiary under the elected option shall be recalculated under the conditions of service and average salary obtaining as of the date of such death.

      5.  If the beneficiary should die during the continued employment of the member, the member may designate a beneficiary under NRS 286.660 to receive his total retirement contributions in case of death prior to actual entry into retirement.

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

      7.  Should the member enter into actual retirement status within 12 months of the effective date of protection to a beneficiary, he shall receive his allowance under the terms and conditions of the option previously selected, but the allowance payable under the option shall be recalculated upon the conditions of service and average salary obtaining as of the date of retirement, and the recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received, based upon ages when the member is first eligible to retire.

      8.  Should the member enter into actual retirement status at a date in excess of 12 months after the effective date of protection, he may retire under the terms and conditions of the plan previously selected or he may be permitted to reselect a retirement plan, with a change of beneficiary if desired, and calculations in every case shall be made upon the conditions of service and average salary obtaining upon the date of retirement. The recalculated allowance shall be reduced in every case by the actuarial equivalent of the protection previously received, based upon ages when the member is first eligible to retire.


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

ê1973 Statutes of Nevada, Page 1418 (Chapter 717, SB 640)ê

 

equivalent of the protection previously received, based upon ages when the member is first eligible to retire. If the member does not change selection of retirement option or beneficiary, the period of protection chargeable to him ceases on the date he is first eligible to retire. If the member changes either the selection of retirement allowance or beneficiary, the period of protection chargeable to him ceases on the date of the actual retirement.

      Sec. 9.  NRS 286.808 is hereby amended to read as follows:

      286.808  The board of regents of the University of Nevada shall contribute on behalf of each participant an amount equal to [6] 7 percent of the participant’s gross compensation during continuance of employment. Each participant shall also contribute [6] 7 percent of his gross compensation, but the contributions required by this section shall not be less than those authorized by subsection 1 of NRS 286.410 and subsection 1 of NRS 286.450. Payment of contributions required by this section shall be made by the disbursing officer for the university to the designated company for the benefit of each participant.

      Sec. 10.  1.  Section 1 of this act shall not become effective if Senate Bill 161 of the 57th session of the Nevada legislature becomes law.

      2.  Section 1.5 of this act shall not become effective if Senate Bill 161 of the 57th session of the Nevada legislature does not become law.

      Sec. 11.  For the purpose of enabling the first panel formation and the appointment of the initial two board members therefrom pursuant to section 2 of this act, this act shall become effective upon passage and approval. For all other purposes it shall become effective at 12:01 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 718, SB 638

Senate Bill No. 638–Senator Swobe

CHAPTER 718

AN ACT relating to real estate licenses; clarifying status of certain licenses; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

      Whereas, On March 13, 1972, an examination was administered to applicants for real estate brokers’ and salesmen’s licenses; and

      Whereas, Considerable controversy arose out of this examination by reason of the fact that an extraordinarily large number of the persons who took this examination received failing scores on the examination; and

      Whereas, By order of the district court, those persons who received failing scores on the examination were permitted to retake the examination; and

      Whereas, The district court issued no direct opinion with respect to the status of those persons who received passing grades on the March 13, 1972, examination; and

      Whereas, Equity requires that the licensing of those persons who passed the examination be completely validated; now, therefore,

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

do enact as follows:

 

      Section 1.  The real estate brokers’ licenses and real estate salesmen’s licenses duly issued to those persons who received passing scores on the real estate license examination administered on March 13, 1972, are hereby validated, subject to all provisions of law, rules or regulations applicable to such licenses and all conditions imposed on other real estate licenses, including the requirement to renew such licenses.


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

ê1973 Statutes of Nevada, Page 1419 (Chapter 718, SB 638)ê

 

the real estate license examination administered on March 13, 1972, are hereby validated, subject to all provisions of law, rules or regulations applicable to such licenses and all conditions imposed on other real estate licenses, including the requirement to renew such licenses.

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

 

________

 

 

CHAPTER 719, SB 645

Senate Bill No. 645–Committee on Finance

CHAPTER 719

AN ACT making an appropriation from the general fund in the state treasury to the state board of examiners for the purpose of paying a specific claim upon execution of a release of liability.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  Notwithstanding the provisions of NRS 41.037 or any other law, there is hereby appropriated from the general fund in the state treasury the sum of $25,000 to the state board of examiners for the specific purpose of paying a claim of Kenneth Herndon, which has been reduced to judgment, if a complete release absolving the State of Nevada and its officers and employees from liability is obtained concurrently with the payment of the claim.

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

 

________

 

 

CHAPTER 720, SB 648

Senate Bill No. 648–Committee on Finance

CHAPTER 720

AN ACT relating to public education; increasing the state basic support guarantee for the school years 1973-74 and 1974-75; making an appropriation from the general fund in the state treasury to, and authorizing expenditures from, the state distributive school fund; revising statutory provisions on apportionment of state distributive school fund; increasing support for education of handicapped children; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 387.121 is hereby amended to read as follows:

      387.121  The legislature declares that the proper objective of state financial aid to public education is to insure each Nevada child a reasonably equal educational opportunity. Recognizing wide local variations in wealth and costs per pupil, the state should supplement local financial ability to whatever extent necessary in each school district to provide [a minimum program of education.]


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

ê1973 Statutes of Nevada, Page 1420 (Chapter 720, SB 648)ê

 

minimum program of education.] programs of instruction in both compulsory and elective subjects that offer full opportunity for every Nevada child to receive the benefit of the purposes for which public schools are maintained. Therefore the quintessence of the state’s financial obligation for such [a program] programs can be expressed in a formula partially on a per pupil basis and partially on a per program basis as: State financial aid equals school district basic support guarantee [for a minimum program] minus local available funds produced by mandatory taxes. This formula is designated the Nevada plan.

      Sec. 2.  NRS 387.122 is hereby amended to read as follows:

      387.122  [1.]  For making the apportionments of the state distributive school fund authorized and directed to be made under the provisions of Title 34 of NRS, the basic support guarantee [per pupil] for the school year commencing July 1, [1971,] 1973, and ending June 30, [1972,] 1974, and for the school year commencing July 1, [1972,] 1974, and ending June 30, [1973,] 1975, is established for each of the several school districts in the state as follows:

      1.  Basic support guarantee per pupil:

 

                                                               [1971-72   1972-73]     1973-74     1974-75

Carson City School District.................. [$674   $677]...................................................... $725   $752

Churchill County School District........     [683      692]........................................................ 701     729

Clark County School District...............     [660      666]........................................................ 700     726

Douglas County School District..........     [692      702]........................................................ 703     731

Elko County School District................     [724      730]........................................................ 738     768

Esmeralda County School District..... [1,550  1,618]..................................................... 1,770  1,844

Eureka County School District............ [1,063  1,094]..................................................... 1,235  1,285

Humboldt County School District......     [745      753]........................................................ 793     824

Lander County School District............     [737      744]........................................................ 769     810

Lincoln County School District...........     [899      904]..................................................... 1,092  1,132

Lyon County School District...............     [715      723]........................................................ 746     776

Mineral County School District...........     [708      716]........................................................ 716     745

Nye County School District.................     [808      822]........................................................ 906     943

Pershing County School District..........     [697      707]........................................................ 732     762

Storey County School District............. [1,197  1,207]..................................................... 1,280  1,332


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

ê1973 Statutes of Nevada, Page 1421 (Chapter 720, SB 648)ê

 

                                                               [1971-72   1972-73]     1973-74     1974-75

Washoe County School District.......... [$659   $665]...................................................... $687   $714

White Pine County School District.....     [714      725]........................................................ 774     805

 

[except that for any year when the average daily attendance of physically handicapped or mentally retarded minors receiving special education pursuant to the provisions of NRS 388.440 to 388.540, inclusive, is less than 2 1/2 percent of the total average daily attendance in any school district, the basic support guarantee for such school district shall be reduced by the amount computed by multiplying $400 times the difference between 2 1/2 percent of the total average daily attendance and the average daily attendance of such physically handicapped or mentally retarded minors.

      2.  Notwithstanding the provisions of subsection 1, if the taxable sales subject to determination of taxes under the provisions of chapter 372 of NRS, as reported by the Nevada tax commission for the period January 1, 1971, through September 30, 1971, amount to more than $1,356,492,000, and if the interim finance committee of the legislative counsel bureau therefore determines there are sufficient funds appropriated to the state distributive school fund, the basic support guarantee per pupil for the school year commencing July 1, 1972, and ending June 30, 1973, is established for each of the several school districts in the state as follows:

 

                                                                                                                            1972-73

Carson City School District................................................................................ $680

Churchill County School District......................................................................... 695

Clark County School District................................................................................ 669

Douglas County School District........................................................................... 705

Elko County School District................................................................................. 733

Esmeralda County School District................................................................... 1,621

Eureka County School District......................................................................... 1,097

Humboldt County School District....................................................................... 756

Lander County School District............................................................................. 747

Lincoln County School District............................................................................ 907

Lyon County School District................................................................................ 726

Mineral County School District............................................................................ 719

Nye County School District.................................................................................. 825

Pershing County School District........................................................................... 710

Storey County School District........................................................................... 1,210

Washoe County School District........................................................................... 668

White Pine County School District...................................................................... 728

 

except that for the school year commencing July 1, 1972, and ending June 30, 1973, when the average daily attendance of physically handicapped or mentally retarded minors receiving special education pursuant to the provisions of NRS 388.440 to 388.540, inclusive, is less than 2 1/2 percent of the total average daily attendance in any school district, the basic support guarantee for such school district shall be reduced by the amount computed by multiplying $400 times the difference between 2 1/2 percent of the total average daily attendance and the average daily attendance of such physically handicapped or mentally retarded minors.


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

ê1973 Statutes of Nevada, Page 1422 (Chapter 720, SB 648)ê

 

      3.  Notwithstanding the provisions of subsections 1 and 2, if the taxable sales subject to determination of taxes under the provisions of chapter 372 of NRS, as reported by the Nevada tax commission for the period January 1, 1971, through September 30, 1971, amount to more than $1,369,170,000, and if the interim finance committee of the legislative counsel bureau therefore determines there are sufficient funds appropriated to the state distributive school fund, the basic support guarantee per pupil for the school year commencing July 1, 1972, and ending June 30, 1973, is established for each of the several school districts in the state as follows:

 

                                                                                                                            1972-73

Carson City School District................................................................................ $684

Churchill County School District......................................................................... 699

Clark County School District................................................................................ 673

Douglas County School District........................................................................... 709

Elko County School District................................................................................. 737

Esmeralda County School District................................................................... 1,625

Eureka County School District......................................................................... 1,101

Humboldt County School District....................................................................... 760

Lander County School District............................................................................. 751

Lincoln County School District............................................................................ 911

Lyon County School District................................................................................ 730

Mineral County School District............................................................................ 723

Nye County School District.................................................................................. 829

Pershing County School District........................................................................... 714

Storey County School District........................................................................... 1,214

Washoe County School District........................................................................... 672

White Pine County School District...................................................................... 732

 

except that for the school year commencing July 1, 1972, and ending June 30, 1973, when the average daily attendance of physically handicapped or mentally retarded minors receiving special education pursuant to the provisions of NRS 388.440 to 388.540, inclusive, is less than 2 1/2 percent of the total average daily attendance in any school district, the basic support guarantee for such school district shall be reduced by the amount computed by multiplying $400 times the difference between 2 1/2 percent of the total average daily attendance and the average daily attendance of such physically handicapped or mentally retarded minors.]

      2.  Basic support guarantee per special education program unit is $14,500 for each special education program unit maintained and operated during at least 9 months of a school year, contingent upon the following limitations:

      (a) As used in this subsection, “special education program unit” means an organized instructional unit which includes full-time services of a certificated employee providing a program of instruction in accordance with provisions of NRS 388.520.

      (b) Support guarantee for any special education program unit maintained and operated during a period of less than 9 school months shall be in the same proportion to $14,500 as the period during which such program unit actually was maintained and operated is to 9 school months.


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

ê1973 Statutes of Nevada, Page 1423 (Chapter 720, SB 648)ê

 

      (c) The maximum amount of basic support for special education program units within each of the several school districts in the state is as follows:

 

                                                                                                  1973-74           1974-75

Carson City School District........................................      $217,500         $232,000

Churchill County School District..............................        130,500           130,500

Clark County School District.....................................     3,349,500        3,509,000

Douglas County School District................................          87,000             87,000

Elko County School District.......................................        203,000           217,500

Esmeralda County School District............................          14,500             14,500

Eureka County School District...................................          14,500             14,500

Humboldt County School District..............................          87,000             87,000

Lander County School District...................................          43,500             43,500

Lincoln County School District..................................          58,000             58,000

Lyon County School District.......................................        130,500           130,500

Mineral County School District.................................          87,000             87,000

Nye County School District.........................................          72,500             72,500

Pershing County School District...............................          29,000             29,000

Storey County School District....................................          14,500             14,500

Washoe County School District.................................     1,334,000        1,435,500

White Pine County School District............................        130,500           130,500

 

Any unused special education program unit allocations within this subparagraph which are not utilized during fiscal year 1973-74 may be reallocated during fiscal year 1973-74 to other county school districts by the state department of education. First priority will be given to special education programs with statewide implications. Such reallocations shall not bring any individual county school district’s total allocations for special education program units above the level of support for fiscal year 1974-75.

      Sec. 3.  NRS 387.123 is hereby amended to read as follows:

      387.123  1.  [For making the apportionments of the state distributive school fund authorized and directed to be made under the provisions of Title 34 of NRS, “average daily attendance” means the 3 months of highest average daily attendance for the current school year of:] “Enrollment” means the count of pupils enrolled in and scheduled to attend programs of instruction in the public schools for:

      (a) Pupils in the kindergarten department.

      (b) Pupils in grades 1 to 12, inclusive. [, of the public schools plus six-tenths of the pupils in the kindergarten department of the public schools.]

      [(b) Physically handicapped or mentally retarded] (c) Handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to [388.540,] 388.520, inclusive.

      [(c)](d) Children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive.

      [(d)](e) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma. [One-fourth credit toward average daily attendance will be given for the attendance of any such pupil for each one-credit course taken.]

 


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

ê1973 Statutes of Nevada, Page 1424 (Chapter 720, SB 648)ê

 

average daily attendance will be given for the attendance of any such pupil for each one-credit course taken.]

      2.  “Average daily attendance-full term” means the average daily attendance of pupils enrolled in the public schools during the school year.

      3.  “Average daily attendance-highest 3 months” means the average daily attendance of pupils enrolled in the public schools during the 3 months of highest average daily attendance of the school year.

      4.  The state board of education shall establish uniform rules to be used for counting enrollment and in calculating the average daily attendance of pupils. In calculating average daily attendance of pupils, no pupil specified in paragraphs (a), (b) [and (c)] , (c) and (d) of subsection 1 shall be counted more than once. In establishing such rules for the public schools, the state board of education:

      (a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.

      (b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.

      (c) Shall select the three highest monthly attendance quotients for each category of pupils, as established by subsection 1 or pursuant to paragraph (b) of this subsection, in each school.

      [3.]  5.  The state board of education shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of the state which is consistent with:

      (a) The maintenance of an acceptable standard of instruction;

      (b) The conditions prevailing in such school district with respect to the number and distribution of pupils in each grade; and

      (c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques. If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, the state board of education shall reduce the average daily attendance for apportionment purposes by the percentage which the number of pupils attending such classes is of the total number of pupils in the district, and may withhold the quarterly apportionment entirely.

      Sec. 4.  NRS 387.124 is hereby amended to read as follows:

      387.124  1.  On or before August 1, November 1, February 1 and May 1 of each year, the state controller shall render to the superintendent of public instruction a statement of the moneys in the state treasury subject to distribution to the several school districts of the state as provided in this section.

      2.  Immediately after the state controller has made his quarterly report, the state board of education shall apportion the state distributive school fund among the several county school districts in the following manner:

      (a) Basic support of each school district shall be computed by: [multiplying the average daily attendance by the basic support guarantee per pupil established in NRS 387.122.]


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

ê1973 Statutes of Nevada, Page 1425 (Chapter 720, SB 648)ê

 

             (1) Multiplying the basic support guarantee per pupil established in NRS 387.122 by the sum of:

             (I) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.

             (II) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.

             (III) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year.

             (IV) The count of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive, on the last day of the first school month of the school year.

             (V) One-fourth the average daily attendance-highest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.

             (2) Multiplying the number of special education program units maintained and operated by the amount per program established in NRS 387.122.

             (3) Adding the amounts computed in subparagraphs (1) and (2) of this paragraph.

      (b) The availability of local funds shall be determined, which local funds shall be the sum of:

             (1) The amount computed by multiplying .007 times the assessed valuation of the school district as certified by the Nevada tax commission for the concurrent school year; and

             (2) The proceeds of the local school support tax imposed by chapter 374 of NRS. The Nevada tax commission shall furnish an estimate of such proceeds to the state board of education on or before July 15 for the fiscal year then begun, and the state board of education shall adjust the final apportionment of the concurrent school year to reflect any difference between such estimate and actual receipts.

      (c) Apportionment computed on a yearly basis shall consist of the difference between the basic support as computed in paragraph (a) of this subsection and the local funds available as computed in paragraph (b) of this subsection, but no apportionment shall be less than 10 percent of basic support.

      (d) Apportionment shall be paid quarterly at the times provided in subsection 1, each quarterly payment to consist of approximately one-fourth of the yearly apportionment as computed in paragraph (c) of this subsection. The first quarterly apportionment based on an estimated number of pupils [in average daily attendance] and special education program units and succeeding quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear. A final apportionment shall be computed as soon as practicable following the close of the school year, but not later than August 1. The final computation shall be based upon the actual [average daily attendance] counts of pupils and programs specified to be made for that school year [.] pursuant to paragraph (a) of this subsection, and within limits specified in NRS 387.122, except that for any year when the total enrollment of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and such increase in enrollment shows at least a 3 percent gain, then basic support as computed from first month enrollment will be increased 2 percent; furthermore, if such increase in enrollment shows at least a 6 percent gain, then basic support as computed from first month enrollment will be increased an additional 2 percent.


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

ê1973 Statutes of Nevada, Page 1426 (Chapter 720, SB 648)ê

 

pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and such increase in enrollment shows at least a 3 percent gain, then basic support as computed from first month enrollment will be increased 2 percent; furthermore, if such increase in enrollment shows at least a 6 percent gain, then basic support as computed from first month enrollment will be increased an additional 2 percent. If the final computation of apportionment for any school district exceeds the actual amount paid to such school district during the school year, the additional amount due shall be paid before September 1. If the final computation of apportionment for any school district is less than the actual amount paid to such school district during the school year, the amount of overpayment shall be deducted from the next apportionment payable to such school district. If the amount of overpayment is greater than the next apportionment payable, the difference shall be repaid to the state distributive school fund by the school district before September 1.

      (e) For any year when the average daily attendance-highest 3 months of a school district in any category is less than the average daily attendance-highest 3 months in such category during the prior year, and such lesser average daily attendance-highest 3 months was not anticipated at the time estimates were made by the superintendent of the county school district in June of the preceding school year, the superintendent of public instruction may authorize additional apportionments in amounts such that the total of all apportionments for the year do not exceed the total apportionment for the year that would be computed by substituting the average daily attendance-highest 3 months of the prior year in the category so affected for the average daily attendance-highest 3 months of the current year in the category so affected. As a condition precedent to such authorization, the superintendent of the county school district shall deliver to the superintendent of public instruction a request setting forth the reasons why the additional apportionment is necessary to the financial support of the school district, and the superintendent of public instruction shall review such request. As used in this paragraph, “category” means any one of the groups of persons separately described in paragraphs (a), (b) [and (c)] , (c) and (d) of subsection 1 of NRS 387.123.

      (f) The board of trustees of any school district in this state whose estimated receipts from all sources provided by this chapter and chapter 374 of NRS, including any additional apportionment made pursuant to paragraph (e) are less for any fiscal year because of reduced average daily attendance or reduced local income, or both, than the total estimated receipts from such sources in the final approved budget for such fiscal year, and which cannot therefore provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school fund and may be granted such assistance upon compliance with the following conditions and procedures:

             (1) The tax levy for the applying district shall be the maximum of $1.50 for operating costs as authorized by law, not including any special tax authorized by the provisions of NRS 387.290.

             (2) Such application shall be made to the state board of education in such form as shall be prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.


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

ê1973 Statutes of Nevada, Page 1427 (Chapter 720, SB 648)ê

 

such form as shall be prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.

             (3) Before acting on any such application, the state board of education and state board of examiners, jointly, shall determine the difference between the total amount of money appropriated and authorized for expenditure during the current biennium from the state distributive school fund and the total amount of money estimated to be payable from such fund during the biennium pursuant to paragraphs (c) and (e), and shall make no distribution in excess of such difference.

             (4) The state board of education shall review each application and shall by resolution find the least amount of additional money, if any, which it deems necessary to enable the board of trustees of the applying school district to provide a minimum educational program and meet its irreducible contract obligations. In making such determination, the state board of education shall consider also the amount available in the distributive school fund and the anticipated amount of future applications, so that no deserving school district will be wholly denied relief.

             (5) If the state board of education finds that emergency assistance should be granted to an applying school district, it shall transmit its resolution finding such amount to the state board of examiners, along with a report of its then-current estimate of the total requirements to be paid from the state distributive school fund during the then-current fiscal year.

             (6) The state board of examiners shall independently review each resolution so transmitted by the state board of education, may require the submission of such additional justification as it deems necessary, and shall find by resolution the amount of emergency assistance, if any, to be granted. The board may defer, and subsequently grant or deny, any part of a request.

             (7) The state board of examiners shall transmit one copy of its finding to the state board of education and one copy to the state controller. Upon receipt of a claim pursuant to a grant of emergency assistance, such claim shall be paid from the state distributive school fund as other claims against the state are paid.

             (8) Money received by a school district pursuant to a grant of relief may be expended only in accordance with the approved budget of such school district for the fiscal year for which such grant is made. No formal action to incorporate the money so received in the approved budget is required, but such receipts shall be reported as other receipts are reported and explained in a footnote as emergency loans are explained.

             (9) The state board of education shall transmit to the legislature a report of each and every grant of emergency assistance paid pursuant to this paragraph.

      3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.

      Sec. 5.  NRS 388.440 is hereby amended to read as follows:

      388.440  As used in NRS 388.440 to [388.540,] 388.520, inclusive, [“physically handicapped or mentally retarded] “handicapped minor” means [a physically or mentally defective or handicapped] any person under the age of [21] 18 years who [is in need of education. Any minor who, by reason of physical or mental impairment, cannot receive the full benefit of ordinary education facilities shall be considered a physically handicapped or mentally retarded person for the purposes of NRS 388.440 to 388.540, inclusive.


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

ê1973 Statutes of Nevada, Page 1428 (Chapter 720, SB 648)ê

 

who, by reason of physical or mental impairment, cannot receive the full benefit of ordinary education facilities shall be considered a physically handicapped or mentally retarded person for the purposes of NRS 388.440 to 388.540, inclusive. Minors with vision, hearing, speech, orthopedic, mental and neurological disorders or defects, or with rheumatic or congenital heart disease, or any disabling condition caused by accident, injury or disease, shall be considered as being physically handicapped or mentally retarded.] deviates either educationally, academically, physically, socially or emotionally so markedly from normal growth and development patterns that he cannot progress effectively in a regular school program and therefore needs special instruction or special services.

      Sec. 6.  NRS 388.450 is hereby amended to read as follows:

      388.450  1.  The legislature declares that the basic support guarantee [per pupil] as expressed in NRS 387.122 establishes financial resources sufficient to insure a reasonably equal educational opportunity to [physically] handicapped [or mentally retarded] minors residing in Nevada.

      2.  Subject to the provisions of NRS 388.440 to [388.540,] 388.520, inclusive, the board of trustees of a school district shall make such special provisions as may be necessary for the education of [physically] handicapped [or mentally retarded] minors.

      3.  The board of trustees of a school district shall establish uniform rules of eligibility for instruction under the special education programs provided for by NRS 388.440 to [388.540,] 388.520, inclusive. The rules and regulations shall be subject to such standards as may be prescribed by the state department of education.

      [4.  If the superintendent of public instruction finds that it is impossible for the board of trustees of a school district to comply with the mandatory requirements of this section because of the number of physically handicapped or mentally retarded minors within the school district is so small, the distance to another public school where such instruction is offered is so great or the services of a qualified teacher cannot be obtained, the provisions of subsections 2 and 3 shall not apply to such school district.

      5.  Nothing in this section shall be construed to require a board of trustees of a school district, in any school year, to make special provisions for the education of physically handicapped or mentally retarded minors in excess of the number determined to be 2 1/2 percent of the total pupil enrollment of the school district.]

      Sec. 7.  NRS 388.460 is hereby amended to read as follows:

      388.460  No minor shall be required to take advantage of the special provisions for the education of [physically] handicapped [or mentally retarded] minors if the parent or guardian of the minor files a statement with the board of trustees of the school district showing that the minor is receiving adequate educational advantages.

      Sec. 8.  NRS 388.470 is hereby amended to read as follows:

      388.470  1.  Before any child is placed in a [school or class for mentally retarded children:] special program for handicapped children:

      (a) A consultation shall be held with his parents or guardian.

      (b) [He shall be given a careful individual examination by a competent psychologist approved by the state department of education, or by a person serving under the supervision of such a psychologist and approved by the state department of education, to determine whether the child can profit by education.]


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

ê1973 Statutes of Nevada, Page 1429 (Chapter 720, SB 648)ê

 

by the state department of education, to determine whether the child can profit by education.] An examination shall be conducted for the purpose of finding the extent to which the child deviates from normal growth and development patterns, such examination to be conducted in accordance with standards prescribed by the state department of education.

      2.  A psychiatrist may be consulted in any specific case when the board of trustees of a school district deems it necessary.

      Sec. 9.  NRS 388.490 is hereby amended to read as follows:

      388.490  1.  Except as provided in [subsection 2, physically] subsections 2, 3 and 4, handicapped [or mentally retarded] minors may be admitted at the age of [3] 5 years to special [schools or classes] programs established for such minors, and their enrollment or attendance [shall] may be counted for apportionment purposes. [as if they were already 6 years of age.]

      2.  Aurally handicapped minors may be admitted at any age under 5 to special [schools or classes] programs established for such minors, and their enrollment or attendance [shall] may be counted for apportionment purposes. [as if they were already 6 years of age.]

      3.  Visually handicapped minors may be admitted at any age under 5 to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.

      4.  Academically talented minors may be admitted at the age of 4 years to special programs established for such minors, and their enrollment or attendance may be counted for apportionment purposes.

      Sec. 10.  NRS 388.500 is hereby amended to read as follows:

      388.500  1.  [Physically handicapped or mentally retarded] Handicapped minors may be instructed in special ungraded schools or [classes] within special programs established for the instruction of handicapped [or retarded] minors.

      2.  Boards of trustees of school districts may:

      (a) Purchase sites and erect buildings for such purposes in the same manner as other school sites or school buildings may be purchased and erected.

      (b) Rent suitable property at an economical rental for special or ungraded rooms.

      (c) Accept gifts or donations of sites and buildings for such purposes.

      Sec. 11.  NRS 388.510 is hereby amended to read as follows:

      388.510  The board of trustees of a school district may provide for the transportation of pupils assigned to special schools or [classes] programs for [physically] handicapped [or mentally retarded pupils.] minors.

      Sec. 12.  NRS 388.520 is hereby amended to read as follows:

      388.520  1.  The state department of education shall prescribe minimum standards for the special education of [physically] handicapped [or mentally retarded] minors.

      2.  Prescribed minimum standards shall include standards for programs of instruction or special services maintained for the purpose of serving minors with the following handicapping conditions:

      (a) Aurally handicapped.

      (b) Visually handicapped.

      (c) Physically handicapped.


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

ê1973 Statutes of Nevada, Page 1430 (Chapter 720, SB 648)ê

 

      (d) Speech handicapped.

      (e) Mentally handicapped.

      (f) Educationally handicapped, including appropriate subemphasis when related to learning disabilities or emotional disturbance.

      (g) Multiple handicapped, including appropriate subemphasis for each of the handicapping conditions.

      (h) Academically talented.

      3.  No apportionment of state funds shall be made by the superintendent of public instruction to any school district for the instruction of [physically] handicapped [or mentally retarded] minors until the program of instruction maintained therein for such handicapped [or retarded] minors is approved by the state department of education as meeting the prescribed minimum standards.

      Sec. 13.  NRS 388.570 is hereby amended to read as follows:

      388.570  As required by subsection [2] 4 of NRS 387.123, 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. 14.  NRS 388.480, 388.530 and 388.540 are hereby repealed.

      Sec. 15.  The state board of education, upon the approval of the state board of examiners, may make distributions to a maximum of $900,000 annually during fiscal years 1973-74 and 1974-75 from the state distributive school fund to school districts under the following conditions:

      1.  Entitlement of the school districts to federal funds under Public Law 874 of the 81st Congress, or its equivalent replacement, is less for either fiscal year than such entitlement was for fiscal year 1971-72.

      2.  The distribution of moneys authorized in this section, when added to the actual entitlement of federal funds under Public Law 874, or its equivalent replacement, cannot exceed in either year the entitlement to federal funds under Public Law 874 for fiscal year 1971-72.

      3.  If the total of eligible distributions as determined in subsection 2 exceeds $900,000 for either year, actual distributions will be prorated for each district in the same percentage as its 1971-72 entitlement for payment is to total entitlements of all county school districts for 1971-72.

      4.  The state department of education will report its findings of entitlements of county school districts and their eligibilities for distributions pursuant to this section and will make recommendations to the state board of examiners for making distributions to eligible county school districts.

      5.  The state board of examiners will review the report and recommendations of the state department of education, and upon finding moneys available in the state distributive school fund may authorize the state department of education to make distributions of all or part of the amounts recommended.

      6.  Money received by a school district under this authorization may be expended only for one or more of the purposes provided under NRS 387.205.

      Sec. 16.  1.  There is hereby appropriated from the general fund in the state treasury to the state distributive school fund for the fiscal year beginning July 1, 1973, and ending June 30, 1974, the sum of $48,315,767.


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

ê1973 Statutes of Nevada, Page 1431 (Chapter 720, SB 648)ê

 

      2.  There is hereby appropriated from the general fund in the state treasury to the state distributive school fund for the fiscal year beginning July 1, 1974, and ending June 30, 1975, the sum of $49,544,956.

      3.  The funds appropriated by subsections 1 and 2 shall be:

      (a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and

      (b) Work-programmed for the 2 separate fiscal years, 1973-1974 and 1974-1975, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.

      4.  Transfers to and from allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      5.  Notwithstanding any other provisions of this act, the moneys appropriated by subsections 1 and 2 shall be available for both fiscal years, 1973-74 and 1974-75, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.

      6.  After June 30, 1974, any unexpended balance of the appropriation made by subsection 1 for the fiscal year 1973-1974 shall be transferred to and added to the moneys appropriated by subsection 2 and may be expended during fiscal year 1974-1975, subject to the provisions of subsection 3.

      7.  After June 30, 1975, any unexpended balance of the appropriation made by subsection 2 for the fiscal year 1974-1975 together with any moneys transferred pursuant to subsection 6 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.

      Sec. 17.  1.  Expenditure of $6,224,209 by the state department of education from the state distributive school fund from funds not appropriated from the general fund in the state treasury is hereby authorized during the fiscal year beginning July 1, 1973, and ending June 30, 1974.

      2.  Expenditure of $6,464,630 by the state department of education from the state distributive school fund from funds not appropriated from the general fund in the state treasury is hereby authorized during the fiscal year beginning July 1, 1974, and ending June 30, 1975.

      3.  The following sums are hereby authorized for expenditure from the revenue sharing trust fund in the state treasury for the purposes hereinafter expressed for the fiscal years beginning July 1, 1973, and ending June 30, 1974, and beginning July 1, 1974, and ending June 30, 1975:

 

                                                                                                  1973-74               1974-75

 

State distributive school fund..................................... $4,400,000       $4,400,000

 

      4.  For accounting and reporting purposes the sums authorized for expenditure in subsection 3 are considered to be expended prior to any general fund appropriation made to the distributive school fund.

      5.  The funds authorized to be expended by the provisions of subsections 1, 2 and 3 shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.


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

ê1973 Statutes of Nevada, Page 1432 (Chapter 720, SB 648)ê

 

      6.  The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized for expenditure by the state department of education, in subsections 1, 2 and 3, with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source which he determines is in excess of the amount taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that funds to be received will be less than the amount authorized in subsections 1, 2 and 3.

 

________

 

 

CHAPTER 721, SB 651

Senate Bill No. 651–Committee on Health, Welfare and State Institutions

CHAPTER 721

AN ACT to amend an act entitled, “An Act extending immunity from tort liability for emergency care to personnel of certain emergency services; and providing other matters properly relating thereto,” being Assembly Bill No. 127 of the 57th session of the Nevada legislature.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act is hereby amended to read as follows:

      Section 1.  NRS 41.500 is hereby amended to read as follows:

      41.500  1.  Any person in this state, who renders emergency care or assistance at the scene of an emergency, gratuitously and in good faith, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such person in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.

      2.  Any person in this state who acts as an ambulance driver or attendant on an ambulance operated by a volunteer ambulance service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this state, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting such injured or ill person to or from any health facility, clinic, doctor’s office or other medical facility, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such ambulance driver or attendant in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      3.  Any duly appointed member of a volunteer ambulance service or a duly appointed volunteer member of an ambulance service operated by a political subdivision of this state, other than an ambulance driver or attendant, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such member whenever he is performing his duties in good faith as a member of such volunteer ambulance service or ambulance service operated by a political subdivision.


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

ê1973 Statutes of Nevada, Page 1433 (Chapter 721, SB 651)ê

 

a duly appointed volunteer member of an ambulance service operated by a political subdivision of this state, other than an ambulance driver or attendant, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such member whenever he is performing his duties in good faith as a member of such volunteer ambulance service or ambulance service operated by a political subdivision.

      4.  Any person who is a member of a search and rescue organization in this state under the direct supervision of any county sheriff who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting such injured or ill person to or from any health facility, clinic, doctor’s office or other medical facility, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such person in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      Sec. 2.  This act shall become effective on July 1, 1973, only if Assembly Bill No. 127 of the 57th session of the legislature becomes effective prior thereto.

 

________

 

 

CHAPTER 722, SB 652

Senate Bill No. 652–Committee on Finance

CHAPTER 722

AN ACT concerning the University of Nevada System; authorizing the acquisition of certain specified facilities at various campuses within such system, the issuance and sale of revenue bonds and other securities of the University of Nevada for such purpose, and the use and repayment of the receipts of such securities; defining certain words and terms and additional powers of the board of regents of the University of Nevada; providing for the payment of such securities, the security therefor, and other details in connection therewith, otherwise providing powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection with the university, such facilities, such securities, such revenues for their payment, securities proceeds and other moneys, and pledges and liens pertaining thereto, including, without limitation, by reference to the University Securities Law; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  Except as otherwise provided in this act, terms used or referred to in this act are as defined in the University Securities Law; but the following terms whenever used or referred to in this act and in the University Securities Law in its connection with this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 5, inclusive, of this act.

      Sec. 2.  “Net pledged revenues” means all the “pledged revenues,” as defined in section 3 of this act, without any deduction of any operation and maintenance expenses except as provided in such definition of “pledged revenues.”

 


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

ê1973 Statutes of Nevada, Page 1434 (Chapter 722, SB 652)ê

 

and maintenance expenses except as provided in such definition of “pledged revenues.”

      Sec. 3.  1.  “Pledged revenues” means the “student fees,” as defined in section 5 of this act, and if hereafter authorized by law, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operation of income-producing facilities of the university or the board or from other available sources and to which the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended.

      2.  “Pledged revenues” indicates a source of revenues and does not necessarily indicate all or any portion or other part of such revenues in the absence of further qualifications.

      Sec. 4.  1.  “Project” means the construction, other acquisition and improvement (or any combination thereof) of the buildings, structures and other facilities required or desired by the university on various campuses of the University of Nevada System, as delineated and described in subsection 2, equipment and furnishings therefor, and other appurtenances relating thereto.

      2.  The project consists of the following components:

      (a) The “University of Nevada, Las Vegas, subproject,” meaning the construction and other acquisition of a life-science building on the University of Nevada, Las Vegas, campus;

      (b) The “Clark County community college subproject,” meaning the phase II construction and other acquisition of an instructional building on the Clark County community college campus;

      (c) The “Western Nevada community college subproject,” meaning the phase II construction and other acquisition of an instructional building on the Western Nevada community college campus; and

      (d) The “University of Nevada, Reno, subproject,” meaning the construction and other acquisition of an addition to, and the other improvement of, the library building on the University of Nevada, Reno, campus.

      Sec. 5.  1.  “Student fees,” in connection with any subproject and securities pertaining thereto, means the gross fees from students attending the campus to which the subproject relates, as designated in subsection 2, and if hereafter authorized by law, all additional student fees, if any, to which the pledge and lien provided for the payment of the securities authorized in this act are extended.

      2.  The student fees are commonly designated, in connection with securities pertaining to:

      (a) The University of Nevada, Las Vegas, subproject, as the University of Nevada, Las Vegas, student center building fee, and the University of Nevada, Las Vegas, capital improvement fee, each such fee being payable by students attending the University of Nevada, Las Vegas;

      (b) The Clark County community college subproject, as the Clark County community college capital improvement fee and being payable by students attending the Clark County community college;

      (c) The Western Nevada community college subproject, as the Western Nevada community college capital improvement fee and being payable by students attending the Western Nevada community college; and

      (d) The University of Nevada, Reno, subproject, as the University of Nevada, Reno, capital improvement fee and being payable by students attending the University of Nevada, Reno.


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ê1973 Statutes of Nevada, Page 1435 (Chapter 722, SB 652)ê

 

Nevada, Reno, capital improvement fee and being payable by students attending the University of Nevada, Reno.

      Sec. 6.  1.  The board, on the behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:

      (a) To finance the University of Nevada, Las Vegas, subproject by an expenditure of not exceeding $4,581,000; and to defray in part the cost of such subproject by the issuance of bonds and other securities of the university in a total principal amount of not exceeding $800,000;

      (b) To finance the Clark County community college subproject by an expenditure of not exceeding $3,169,000, and to defray in part the cost of such subproject by the issuance of bonds and other securities of the university in a total principal amount of not exceeding $90,000;

      (c) To finance the Western Nevada community college subproject by an expenditure of not exceeding $2,120,000, and to defray in part the cost of such subproject by the issuance of bonds and other securities of the university in a total principal amount of not exceeding $50,000; and

      (d) To finance the University of Nevada, Reno, subproject by an expenditure of not exceeding $3,225,000, and to defray in part the cost of such subproject by the issuance of bonds and other securities of the university in a total principal amount of not exceeding $150,000.

      (e) To issue such bonds and other securities in connection with each such subproject in one series or more at any time or from time to time but not after 5 years from the effective date of this act, as the board may determine, and consisting of special obligations of the university payable from the student fees pertaining to the subproject and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraphs (a) through (d) of this subsection;

      (f) To employ legal, fiscal and other expert services and to defray the costs thereof with any moneys available therefor, including, without limitation, proceeds of securities authorized by this act; and

      (g) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act except as therein otherwise expressly provided.

      2.  Nothing in this act shall be construed as preventing the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.

      Sec. 7.  1.  All phases of the planning, design, construction and equipment of the project as defined in section 4 of this act and herein referred to, including, without limitation, each of such four subprojects, shall be subject to supervision by the state public works board in accordance with the provisions of chapter 341 of NRS.

      2.  The state public works board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to acquire the respective facilities resulting from each such subproject and, if necessary, to assist in the preparation of contract documents necessary to the acquisition of such facilities.

      3.  All work authorized by this act shall be approved by the state public works board, and each contract document pertaining to each subproject shall be approved by the attorney general.


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ê1973 Statutes of Nevada, Page 1436 (Chapter 722, SB 652)ê

 

      4.  The state public works board shall advertise, in a newspaper or newspapers of general circulation in the State of Nevada, for separate sealed bids for each subproject. Approved plans and specifications for each subproject shall be on file at places and times stated in such advertisements for the inspection of all persons desiring to bid thereon and for other interested persons. The state public works board may accept bids on either the whole or on part or parts of such acquisition, and may let separate contracts for different and separate portions of each subproject, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon, but any and all bids may be rejected for any good reason.

      Sec. 8.  The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.

      Sec. 9.  This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.

      Sec. 10.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 11.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 723, AB 8

Assembly Bill No. 8–Messrs. Smith and Dini

CHAPTER 723

AN ACT to amend an act entitled “An Act incorporating the City of North Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto,” approved April 26, 1971, as amended.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  Section 1.070 of Article I of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1211, is hereby amended to read as follows:

      Section 1.070  Mayor and councilmen not to hold other office.

      1.  The mayor and councilmen shall not:

      (a) Hold any other elective office or employment with [Clark County or] the city, except as provided by law or as a member or a board or commission for which no compensation is received.


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ê1973 Statutes of Nevada, Page 1437 (Chapter 723, AB 8)ê

 

      (b) Be elected or appointed to any office created by or the compensation for which was increased or fixed by the city council until 1 year after the expiration of the term for which such person was elected.

      2.  Any person holding any office proscribed by subsection 1 shall automatically forfeit his office as mayor or councilman.

      Sec. 1.5.  Section 2.015 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1212, is hereby amended to read as follows:

      Section 2.015  Mayor: Duties; mayor pro tempore.

      1.  The mayor shall:

      (a) Serve as a member of the city council and preside over its meetings.

      (b) Have no administrative duties.

      (c) Be recognized as the head of the city government for all ceremonial purposes.

      (d) Perform such other duties, except administrative duties, as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.

      2.  The city council shall elect one of its members to be mayor pro tempore. Such person shall:

      (a) Hold such office and title, without additional compensation, for a term of 1 year.

      (b) Perform the duties of mayor during the absence of disability of the mayor.

      (c) Act as mayor until [the next municipal election] the city council fills the vacancy pursuant to the provisions of section 1.060, if the office of mayor becomes vacant.

      Sec. 2.  Section 2.020 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1212, is hereby amended to read as follows:

      Section 2.020  City council: [Contracts.] Contracts; conflict of interest.

      1.  Members of the city council may vote on any lease, contract or other agreement which extends beyond their terms of office.

      2.  No member of the city council, including the mayor, shall:

      (a) Be pecuniarily interested, directly or indirectly, in any contract let by the city, or in any transaction wherein the rights or liberties of the city are, or may be involved. This paragraph does not apply to contracts for utilities and other services provided for the public by the city under this charter and the ordinances thereunder, when the councilman or mayor applies for and receives such services in the same manner and pays the same established rates and charges as any member of the public.

      (b) Be interested directly or indirectly in any public work or contract let, supervised or controlled, or which is paid wholly, or in part, by the city. This paragraph does not preclude or discharge a councilman or the mayor from paying his proportionate share of the cost of any public works when he has become obligated in the same manner as any member of the public, nor does it prohibit a councilman or the mayor from enjoying the benefits of a work constructed for the benefit of the public in the same manner as any other member of the public.


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ê1973 Statutes of Nevada, Page 1438 (Chapter 723, AB 8)ê

 

      (c) Become the surety of any person on any bond or other obligation running to the city.

      Sec. 3.  Section 2.100 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1214, is hereby amended to read as follows:

      Section 2.100  Ordinances: Enactment procedure; emergency ordinances.

      1.  All proposed ordinances when first proposed shall be read to the city council by title, after which an adequate number of copies of the proposed ordinance shall be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of such filing shall be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least 1 week prior to the adoption of the ordinance.

      2.  At the next regular meeting or adjourned meeting of the city council following the proposal of an ordinance, it shall be read by title as first introduced, any amendment shall be proposed and voted upon and thereupon the proposed ordinance, with any adopted amendments, shall be finally voted upon or action thereon postponed.

      3.  [In cases of emergency or where] Where the ordinance is of a kind specified in section 7.040, by unanimous consent a special meeting may be called for the purpose of taking final action, and by a majority vote of the city council final action may be taken immediately and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published. It shall become effective immediately upon passage.

      4.  All ordinances shall be signed by the mayor, attested by the city clerk, and shall be published in the city, once, by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, before the ordinance, except [an emergency ordinance,] as otherwise provided in subsection 3, shall become effective. The city council may, by a majority vote, order the publication of the ordinance in full in lieu of publication by title only.

      5.  The city clerk shall maintain a record of all ordinances, together with the affidavits of publication by the publisher, until disposed of in accordance with law.

      Sec. 4.  Section 2.110 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1215, as amended by chapter 669, Statutes of Nevada 1971, at page 2054, is hereby amended to read as follows:

      Section 2.110  Codification of ordinances; publication of code.

      1.  The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such code is published, two copies shall be filed with the librarian at the Nevada state library [.] , and thereafter the code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city. Two copies shall also be filed with the city clerk and the librarian of the North Las Vegas municipal library.


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ê1973 Statutes of Nevada, Page 1439 (Chapter 723, AB 8)ê

 

      2.  The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.

      3.  The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, “An ordinance for codifying and compiling the general ordinances of the City of North Las Vegas.”

      4.  The codification may be amended or extended by ordinance.

      Sec. 5.  Section 2.180 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1216, is hereby amended to read as follows:

      Section 2.180  Powers of city council: Buildings; construction and maintenance regulations; building, plumbing, electrical, mechanical, housing, sign and safety codes.  The city council may:

      1.  Regulate all matters relating to the construction, maintenance, use, occupancy and safety of buildings, structures and property within the city.

      2.  Adopt any building, plumbing, electrical, mechanical, housing, sign or safety code necessary to carry out the provisions of this section and establish such fees and penalties as may be necessary.

      3.  Notwithstanding the provisions of subsection 2, if state law requires the adoption by the city of a particular code or regulation, that, and no other, shall be adopted by the city as the exclusive authority governing the subject concerned.

      Sec. 6.  Section 2.190 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1216, is hereby amended to read as follows:

      Section 2.190  Powers of city council: Planning and zoning.

      1.  The city council may by ordinance:

      (a) Establish an official map of the city, on which shall be shown and indicated:

             (1) All public streets existing and established by law at the time of the establishment of the official map.

             (2) All planned streets or street lines as located on plats adopted by the council in accordance with the provisions of chapter 278 of NRS at the time of the establishment of the map.

             (3) All streets or street lines as located on final or recorded plats of subdivisions approved by the council at the time of the establishment of the map. The placing of any street or street lines upon the official map shall not, in and of itself, constitute or be deemed to constitute the opening or establishment of any street nor the taking or acceptance of any land for street purposes. The council may in the same manner place upon the official map the location of existing or planned parks or other public open spaces.

      (b) Provide that no permit shall be issued for any building or structure [of] or any part thereof on any land located between the mapped lines of a street as shown on the official map.

Thereafter, all street locations on final or recorded plats of subdivisions or plats adopted by council under the provisions of chapter 278 of NRS, as amended from time to time, shall be deemed additions to or modifications of the official map and shall be placed thereon. The council may by ordinance make, from time to time, other additions to or modifications of the official map by placing thereon the location of proposed streets, street extensions, widenings, narrowings or vacations.


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ê1973 Statutes of Nevada, Page 1440 (Chapter 723, AB 8)ê

 

ordinance make, from time to time, other additions to or modifications of the official map by placing thereon the location of proposed streets, street extensions, widenings, narrowings or vacations. Any such proposed addition to or modification of the official map shall be referred to the city planning commission for its approval, but if the planning commission disapproves or fails to act within 30 days, the council by a majority vote of its members may overrule such disapproval.

      2.  The city council shall carry out the provisions of chapter 278 of NRS, as amended from time to time.

      Sec. 7.  Section 2.270 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1218, is hereby amended to read as follows:

      Section 2.270  Powers of city council:  [Sanitary sewer] Sanitation and water facilities.  The city council may:

      1.  Provide for a sanitary sewer system or any part thereof, and obtain property therefor either within or without the city.

      2.  Sell any product or byproduct [thereof] of such sewer system and acquire the appropriate outlets within or without the city and extend the sewer lines thereto.

      3.  [Establish sewer fees and provide for the enforcement and collection thereof.] Provide for a garbage collection system or any part thereof, and obtain property therefor either within or without the city.

      4.  Provide for a water distribution system or any part thereof, and obtain property therefor either within or without the city.

      Sec. 8.  Section 2.280 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1219, is hereby amended to read as follows:

      Section 2.280  Powers of city council:  Provision of utilities.  The city council may:

      1.  Provide, by contract, franchise [or] and public enterprise, for any utility to be furnished to the city for [the residents thereof.] residents located either within or without the city.

      2.  Provide for the construction and maintenance of any [facility] facilities necessary for the provision of all such utilities.

      3.  [Fix the rate to be paid for any utility provided by the city. Any charges due for services, facilities or commodities furnished by any utility provided by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Clark County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:

      (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

      (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

      (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.] Prescribe, revise and collect rates, fees, tolls and charges for the services, facilities or commodities furnished by any municipally-operated or municipally-owned utility or undertaking, and notwithstanding any provision of this charter to the contrary or in conflict herewith, no rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally-operated or municipally-owned utility or undertaking shall be prescribed, revised, amended or altered, increased or decreased, without the procedure as set forth in this subsection first being followed.


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ê1973 Statutes of Nevada, Page 1441 (Chapter 723, AB 8)ê

 

the services, facilities or commodities furnished by any municipally-operated or municipally-owned utility or undertaking shall be prescribed, revised, amended or altered, increased or decreased, without the procedure as set forth in this subsection first being followed.

      (a) There shall be filed with the city clerk schedules of rates, fees, tolls or charges which shall be open to public inspection, showing all rates, fees, tolls or charges which the city has established and which are in force at the time for any service performed or product furnished in connection therewith by any utility controlled and operated by the city.

      (b) No changes shall be made in any schedule so filed with the city clerk except upon 30 days’ notice to the inhabitants of the city and a public hearing held thereon. Notice of such proposed change or changes shall be given by at least two publications in a newspaper published in the city during the 30-day period prior to the hearing thereon.

      (c) At the time set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.

      (d) Every utility operated by the city shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, shall be just and reasonable.

      4.  Any charges due for services, facilities or commodities furnished by the city or by any utility operated by the city under this section is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Clark County of a statement by the city clerk stating the amount due and unpaid and describing the property subject to the lien. Each such lien shall:

      (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

      (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

      (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

      Sec. 9.  Section 3.080 of Article III of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1221, is hereby amended to read as follows:

      Section 3.080  Department of finance:  Director; conduct.

      1.  The city council may establish a department of finance, the head of which shall be the director of finance. The department of finance may also include a city treasurer and such other qualified personnel as the city manager determines are necessary to handle the financial matters of the city properly.

      2.  The director of finance shall be the city manager, or he may, subject to ratification by the city council, appoint a director of finance.

      3.  The department of finance shall maintain complete records of all fiscal transactions of, and claims against, the city.

      4.  Before payment, all accounts shall be audited and approved by the department of finance. The director of finance shall be responsible for the preparation of all [warrants and] claims paid. [Warrants] Claims so issued shall bear the signatures of any two of the three following officers:


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ê1973 Statutes of Nevada, Page 1442 (Chapter 723, AB 8)ê

 

City manager, director of finance and city treasurer. Facsimile signatures may be permitted if at least two of the three designated officers control the use of the device.

      Sec. 10.  Section 5.020 of Article V of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1223, is hereby amended to read as follows:

      Section 5.020  Primary municipal elections; declaration of candidacy.

      1.  The city council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents.

      2.  If for any general municipal election there are three or more candidates for the offices of mayor or municipal judge, or five or more candidates for the office of councilman, a primary election for any such office shall be held on the Tuesday following the 1st Monday in May preceding such general election.

      3.  After the primary election, the names of the two candidates for mayor and municipal judge and the names of the four candidates for city councilman who receive the highest number of votes shall be placed on the ballot for the general election unless one of the candidates for mayor or municipal judge receives a majority of the total votes cast for that office in the primary election, in which case such candidate shall be declared the winner. [If one candidate for the office of city councilman receives a majority of the votes cast for that office, such candidate shall be declared elected and a general election shall be held only to fill any office for which a winner has not been declared.]

      Sec. 11.  Section 5.050 of Article V of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1224, is hereby amended to read as follows:

      Section 5.050  Names on ballots.  The full names of all candidates, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol. The use of nicknames in conjunction with the candidates’ legal names is allowed and the nicknames may be printed on the official ballots. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addresses shall be printed with their names on the ballot. In any election regulated by this charter, the names of candidates as printed on the ballot shall not include any title, designation or other reference which will indicate the profession or occupation of such candidates.

      Sec. 12.  Section 5.080 of Article V of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1225, is hereby amended to read as follows:

      Section 5.080  Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.

      1.  The election returns from any special, primary or general municipal election shall be filed with the city clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the city council.

      2.  The city council shall meet [on the first Tuesday] at any time within 14 days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the city clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the city council.


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ê1973 Statutes of Nevada, Page 1443 (Chapter 723, AB 8)ê

 

for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the city council.

      3.  The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in July next following their election.

      4.  If any election should result in a tie, the city council shall summon the candidates who received the tie vote and determine the tie by lot. The clerk shall then issue to the winner a certificate of election.

      Sec. 13.  Section 7.040 of Article VII of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1226, is hereby amended to read as follows:

      Section 7.040  Borrowing money.  [The city council may borrow money in accordance with the Local Government Securities Law, as amended from time to time.]

      1.  Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose, expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except for securities issued under section 6.020.

      2.  The city council may submit any proposal to borrow money, except an emergency loan as defined and authorized by chapter 354 of NRS, as amended from time to time, and except for securities issued under section 6.020, but including securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.

      3.  Any property tax levied to pay the principal of or interest on such indebtedness authorized under subsection 2 shall be levied upon all taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive, as amended from time to time.

      4.  Any ordinance pertaining to the sale or issuance of bonds or other securities, including, without limitation, securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the city council in any ordinance that it is of this kind shall be conclusive in the absence of fraud or gross abuse of discretion.

      Sec. 14.  Section 2.030 of Article II of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1213, is hereby repealed.

      Sec. 15.  Section 5.070 of Article V of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1225, is hereby repealed.

      Sec. 16.  1.  If section 19 of Assembly Bill 253 of the 57th session of the Nevada legislature becomes effective, section 10 of this act shall never become effective.

      2.  If section 19 of Assembly Bill 253 of the 57th session of the Nevada legislature does not become effective, section 10 of this act shall become effective at 12:01 a.m. on July 1, 1973.

      3.  All other sections of this act shall become effective at 12:01 a.m. on July 1, 1973.

 

________


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ê1973 Statutes of Nevada, Page 1444ê

 

CHAPTER 724, AB 34

Assembly Bill No. 34–Messrs. Lowman, Huff, Ullom, McNeel, Hayes, Robinson, Getto, Ashworth, Hickey, Barengo, Bremner and Prince

CHAPTER 724

AN ACT increasing the penalty for battery upon a police officer or firefighter where injury results; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 200.481 is hereby amended to read as follows:

      200.481  1.  As used in this section: [, “battery”]

      (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      (b) “Officer” means:

             (1) A police officer as defined in NRS 286.060;

             (2) A person employed in a full-time salaried occupation of firefighting for the benefit or safety of the public; or

             (3) A member of a volunteer fire department.

      2.  Any person convicted of a battery shall be punished:

      (a) If the battery is not committed with a deadly weapon, and no physical injury to the victim results, for a misdemeanor.

      (b) If the battery is not committed with a deadly weapon, and [serious physical injury] substantial bodily harm to the victim does result, for a gross misdemeanor.

      (c) If the battery is committed upon an officer and:

             (1) The officer was performing his duty;

             (2) The officer suffers substantial bodily harm; and

             (3) The person charged knew or should have known that the victim was an officer, for a felony.

      (d) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years.

 

________

 

 

CHAPTER 725, AB 41

Assembly Bill No. 41–Committee on Transportation

CHAPTER 725

AN ACT relating to motorcycles; eliminating the requirements for an instruction permit and for motorcycle driver’s training school; extending the expiration date of drivers’ licenses; providing an exception from the requirement of having both hands on the handlebars of a motorcycle; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 486.071 is hereby amended to read as follows:

      486.071  [1. Any person who is at least 15 1/2 years of age or older, enrolled in a motorcycle driver’s training school, licensed by the department in the same manner as provided for driver training schools pursuant to NRS 483.700 to 483.760, inclusive, and NRS 483.780, may apply to the department for an instruction permit.


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ê1973 Statutes of Nevada, Page 1445 (Chapter 725, AB 41)ê

 

to NRS 483.700 to 483.760, inclusive, and NRS 483.780, may apply to the department for an instruction permit.

      2.  The department may, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having such permit in his immediate possession, to drive a motorcycle for a period of 6 months if:

      (a) Such driving is done off of a highway; and

      (b) There is a person who is at least 18 years of age who is licensed to drive a motorcycle in immediate attendance and giving supervision.

      3.]  Except as provided in NRS 486.161, no person shall be issued a motorcycle driver’s license or authorized to drive a motorcycle unless such person:

      [(a)]1.  Is at least 16 years of age; and

      [(b) Has successfully completed a motorcycle driver’s training school; and]

      [(c)]2.  Has successfully completed such written examination and driving test as may be required by the department.

      Sec. 2.  NRS 486.081 is hereby amended to read as follows:

      486.081  1.  Every application for [an instruction permit or for] a motorcycle driver’s license shall be made upon a form furnished by the department and shall be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department are hereby authorized to administer such oaths without charge.

      2.  Every application shall:

      (a) State the full name, date of birth, sex and residence address of the applicant;

      (b) Briefly describe the applicant;

      (c) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country;

      (d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and

      (e) Give such other information as the department may require to determine the applicant’s competency and eligibility.

      3.  Every applicant between the ages of 15 1/2 and 21 years shall furnish proof of his age by displaying a birth certificate, baptismal certificate or other proof acceptable to the department.

      Sec. 3.  NRS 486.091 is hereby amended to read as follows:

      486.091  1.  Whenever an application for [an instruction permit or for] a motorcycle driver’s license is received from a person previously licensed in another state, the department shall request a copy of the driver’s record from such other state. When received, the driver’s record shall become a part of the driver’s record in this state with the same effect as though entered on the driver’s record in this state in the original instance.

      2.  Whenever the department receives a request for a driver’s record from another licensing state the record shall be forwarded without charge.

      Sec. 4.  NRS 486.101 is hereby amended to read as follows:

      486.101  1.  The application of any person under the age of 18 years for [an instruction permit or] a motorcycle driver’s license shall be signed and verified, before a person authorized to administer oaths, by either or both the father or mother of the applicant, if either or both are living and have custody of him, or if neither parent is living, then by the person or guardian having such custody, or by an employer of such minor, or if there is no guardian or employer, then by any responsible person who is willing to assume the obligation imposed under this chapter, upon a person signing the application of a minor.


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

ê1973 Statutes of Nevada, Page 1446 (Chapter 725, AB 41)ê

 

years for [an instruction permit or] a motorcycle driver’s license shall be signed and verified, before a person authorized to administer oaths, by either or both the father or mother of the applicant, if either or both are living and have custody of him, or if neither parent is living, then by the person or guardian having such custody, or by an employer of such minor, or if there is no guardian or employer, then by any responsible person who is willing to assume the obligation imposed under this chapter, upon a person signing the application of a minor.

      2.  Any negligence or willful misconduct of a minor under the age of 18 years when driving a motorcycle upon a highway shall be imputed to the person who has signed the application of such minor for a [permit or] license, which person shall be jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct.

      Sec. 5.  NRS 486.121 is hereby amended to read as follows:

      486.121  The department, upon receipt of satisfactory evidence of the death of the persons who signed the application of a minor for [an instruction permit or] a license, shall cancel such [permit or] license and shall not issue a new [permit or] license until such time as a new application, duly signed and verified, is made as required by this chapter. This provision shall not apply if the minor has attained the age of 18 years.

      Sec. 6.  NRS 486.161 is hereby amended to read as follows:

      486.161  1.  Except as provided in subsection 2, every motorcycle driver’s license [or other authority to drive a motorcycle] shall expire [on the second anniversary of the date of birth of the applicant occurring after June 30 next following the date of its issuance.] in the case of a person 70 years of age or older on the second anniversary and in the case of all other persons on the fourth anniversary of the licensee’s birthday, measured in the case of an original license, a renewal license or a license renewing an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 shall for the purposes of NRS 486.011 to 486.381, inclusive, be considered to have the anniversary of his birth fall on February 28. Every license shall be renewable on or during a 90-day period before its expiration upon application and payment of the required fee, and except as provided in subsection 2 of NRS 486.131, each applicant for renewal shall appear before a driver’s license examiner and successfully pass a test of his eyesight. Every motorcycle endorsement to a driver’s license issued on or after January I, 1972, shall expire simultaneously with the expiration of the driver’s license.

      2.  Every license issued before January 1, 1972, authorizing a person to drive a power cycle shall be valid for driving a power cycle and every such license authorizing a person to drive a motorcycle shall be valid for driving a motorcycle until its normal expiration.

      3.  Any person who has been issued a driver’s license [before January 1, 1972,] without having the authority to drive a motorcycle or power cycle endorsed thereon shall, before driving a motorcycle, as defined in NRS 486.041, successfully pass a driving test conducted by the department, pay a fee of $2 and have such authority endorsed upon such license.


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

ê1973 Statutes of Nevada, Page 1447 (Chapter 725, AB 41)ê

 

      4.  As used in this section, “power cycle” means every motor vehicle equipped with a seat or saddle for the use of the driver designed to travel on not more than three wheels in contact with the ground and propelled by a motor of 70 cc. displacement or less which produces 6 1/2 horsepower or less.

      Sec. 7.  NRS 486.211 is hereby amended to read as follows:

      486.211  The driver of a motorcycle shall drive with one hand on each handlebar at all times, except when [such driver is making an arm signal for a turn.] it is necessary to use or remove one hand for the safe operation of the motorcycle.

 

________

 

 

CHAPTER 726, AB 241

Assembly Bill No. 241–Mesdames Gojack, Ford, Messrs. Barengo and Hayes

CHAPTER 726

AN ACT relating to recreational facilities; permitting cities and counties to establish a recreation plan and to make provision for future parks and playgrounds; requiring site dedication or payment in lieu thereof by a subdivider or developer; imposing, alternatively, a residential construction tax; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  As used in sections 3 to 12, inclusive, of this act, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections, unless the context otherwise requires.

      Sec. 3.  “Apartment house” means a building arranged in several suites of connecting rooms, each suite designed for independent housekeeping, but with certain typical mechanical conveniences, such as air conditioning, heat, light or elevator services shared in common by all families occupying the building.

      Sec. 4.  “Mobile home” means a vehicle without motive power designed or equipped for living purposes and to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.

      Sec. 5.  Mobile home lot” means any area or tract of land designated, designed or used for the occupancy of a mobile home.

      Sec. 6.  “Residential dwelling unit” means a building or a portion of a building planned, designed or used as a residence for one family only, living independently of other families or persons, and having its own bathroom and housekeeping facilities included in the unit.

      Sec. 7.  The governing body of a city or county may, by ordinance, require that a subdivider of land or a developer of land for mobile home lots or an apartment house dedicate such land areas, sites and locations for park and playground purposes as are reasonably necessary to serve the proposed subdivision or development and the future residents of the subdivision or development.


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

ê1973 Statutes of Nevada, Page 1448 (Chapter 726, AB 241)ê

 

proposed subdivision or development and the future residents of the subdivision or development.

      Sec. 8.  1.  The ordinance adopted pursuant to section 7 of this act shall, insofar as practicable, conform to the recreation plan incorporated in the applicable master plan.

      2.  If no such recreation plan is incorporated in such master plan, the ordinance shall, by means of accompanying maps, diagrams, charts, descriptive matter and reports, also adopt a recreation plan. Such plan shall provide for a comprehensive system of recreation areas, including natural reservations, parks, parkways, beaches, playgrounds and other recreation areas, as well as the location thereof, when practicable.

      3.  The recreation plan adopted pursuant to subsection 2 shall discuss and outline the proposed method or methods of implementing the acquisition, development, operation and maintenance of the recreation facilities for which it provides.

      Sec. 9.  1.  Any city or county which makes dedication of sites for parks and playgrounds mandatory shall adopt regulations that shall set forth the standards to be applied in determining the amount of land that is required to be dedicated. Such regulations shall be adopted in accordance with procedures set forth in the Nevada Administrative Procedure Act and shall contain standards determining the amount, quality and location of land that is required to be dedicated which are based upon the number and type of dwelling units or structures, apartment houses or mobile home lots, or any combination thereof, included in each subdivision or development and give due consideration to the relative desirability and market value of the land that may be included within the area of any particular proposed subdivision or development. Such regulations also may, without limiting the general powers conferred in this chapter, include the following:

      (a) Provisions for the creation, in accordance with the applicable master plan, of park districts or service areas which would serve neighborhoods or communities of interest within the city or county.

      (b) A delegation of authority to designated departments or agencies of the city or county to select the location of the land areas to be dedicated for park and playground purposes. If park districts or service areas have been created pursuant to paragraph (a), the land to be dedicated for park and playground purposes shall be within the park district or service area in which the subdivision, apartment house or mobile home lots are located.

      (c) Provisions requiring a subdivider or developer, in lieu of dedicating the sites, to pay to the city or county a sum of money equal to the value of the land that would otherwise be required to be dedicated for park and playground purposes, whenever the department or agency charged with administering the dedication provisions determines that it would not be in the public interest to accept the dedication in connection with a particular proposed subdivision or development. If this provision is included in the regulation, the standards to be applied in determining when it is not in the public interest to accept the dedication and the method of making payment shall be set forth. All funds so received shall be held by the city or county, or a designated department or agency thereof, in a special account, and shall be used to acquire or develop or both acquire and develop park and playground sites for the benefit of the residents of the city or county.


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

ê1973 Statutes of Nevada, Page 1449 (Chapter 726, AB 241)ê

 

both acquire and develop park and playground sites for the benefit of the residents of the city or county. If park districts or service areas have been created pursuant to paragraph (a), moneys in such funds shall be expended for the benefit of the residents of the property within the park district or service area from which such moneys are derived.

      (d) Provisions establishing standards for the application and use of funds subject to the limitations set forth in this section.

      (e) Requirements that payment in lieu of dedication shall be a condition precedent to the approval of any subdivision or other plat building permit, or that payment may be deferred or made in installments following approval of a subdivision or other plat building permit application upon the subdivider’s or developer’s posting of a good and sufficient surety bond guaranteeing the payment.

      (f) Provisions that payment in lieu of dedication may also be required of any person who proposes to construct a residential dwelling unit or units on a building site within property previously subdivided.

      2.  If the land area dedicated by any subdivider or developer exceeds a proportionate contribution to the total parksite, taking into consideration the total residents of the subdivision or development and residents of nearby areas reasonably expected to benefit therefrom, the subdivider or developer making the dedication shall be compensated at fair market value for the excess value contributed.

      3.  If within 3 years after the date on which 75 percent of the residential dwelling units authorized within a particular subdivision or development first become occupied:

      (a) A park or playground has not been developed on the land dedicated for that purpose, title to such land shall revert to the owners of the lots in the subdivision at the time of the reversion on a pro rata basis.

      (b) A park or playground has not been developed within the park district or service area created to serve the neighborhood in which the subdivision or development is located, or, if no such park district or service area has been created, within the immediate neighborhood of such subdivision or development, all money paid by the subdivider or developer in lieu of dedication shall be refunded with interest to the owners of the lots in the subdivision at the time of the reversion on a pro rata basis; and any surety bond posted in lieu of such payment shall be exonerated.

      Sec. 10.  1.  The city council of any city or the board of county commissioners of any county which has adopted a master plan, as provided in this chapter, which includes, as a part of the plan, future or present sites for parks and playgrounds may impose a residential construction tax pursuant to this section.

      2.  The tax shall be known as a residential construction tax and shall be imposed on the privilege of constructing apartment houses and residential dwelling units and developing mobile home lots in the respective cities and counties.

      3.  The purpose of the tax is to raise revenue to enable the cities and counties to provide parks and playgrounds which are required by the residents of such apartment houses, mobile homes and residences.

      4.  The city councils and the boards of county commissioners shall have power and jurisdiction in their respective cities and counties to enact ordinances establishing the procedures for collecting the tax, setting the rates for each type of apartment house, mobile home lot and residential dwelling unit and determining the purposes for which the tax is to be used, subject to the restrictions of subsection 5.


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

ê1973 Statutes of Nevada, Page 1450 (Chapter 726, AB 241)ê

 

the rates for each type of apartment house, mobile home lot and residential dwelling unit and determining the purposes for which the tax is to be used, subject to the restrictions of subsection 5.

      5.  All of the residential construction taxes collected pursuant to the provisions of this section and any ordinance enacted by a city council or board of county commissioners shall be placed with the city treasurer or county treasurer in a special fund. The fund shall only be used for the acquisition, improvement and expansion of public park, playground and recreational facilities in the city or county. Moneys in the fund shall be expended, insofar as it is practicable and feasible to do so, for the benefit of the immediate area from which they were collected.

      Sec. 11.  The city council of any city or the board of county commissioners of any county which has adopted a master plan as provided in this chapter which includes future or present sites for parks and playgrounds may require that:

      1.  The developers of a planned unit development dedicate land or make in-lieu payments in the manner provided by sections 7 to 9, inclusive, of this act; or

      2.  A residential construction tax be imposed on the privilege of constructing planned unit developments in the manner provided by section 10 of this act,

if the ordinance defining and regulating planned unit developments in the particular city or county imposes open space requirements less than those required by the regulations adopted pursuant to section 9 of this act.

      Sec. 12.  1.  The requirement for dedication of land under sections 7 to 9, inclusive, of this act, and the imposition of the residential construction tax under section 10 of this act, are mutually exclusive as to any particular subdivision, apartment house, mobile home lot or residential dwelling unit which may be benefited or affected by any such requirement or imposition.

      2.  Any city council or board of county commissioners determining to provide park or playground facilities under the provisions of sections 2 to 12, inclusive, of this act shall elect, for any one period, to follow only one of the procedures provided in these sections.

 

________

 

 

CHAPTER 727, AB 242

Assembly Bill No. 242–Committee on Government Affairs

CHAPTER 727

AN ACT relating to the state government; separating the financial and service functions of the executive branch into appropriate departments; transferring the duties of the state general obligation bond commission to the state board of examiners; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.


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

ê1973 Statutes of Nevada, Page 1451 (Chapter 727, AB 242)ê

 

      Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the context requires otherwise:

      1.  “Department” means the department of administration.

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

      Sec. 3.  1.  The department of administration is hereby created.

      2.  The department consists of a director and the following divisions:

      (a) Budget division.

      (b) Personnel division.

      Sec. 4.  The director shall:

      1.  Be appointed by, be responsible to, and serve at the pleasure of the governor.

      2.  Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.

      3.  Receive an annual salary in an amount determined pursuant to NRS 284.182.

      4.  Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.

      5.  Not engage in any other gainful employment or occupation.

      Sec. 5.  The director:

      1.  Shall appoint a chief of the personnel division.

      2.  Shall appoint a chief of the budget division, or may personally serve in this position if he has the qualifications required by NRS 353.175.

      3.  Is responsible for the administration, through the divisions of the department, of the provisions of chapter 284 of NRS, NRS 353.150 to 353.246, inclusive, and all other provisions of law relating to the functions of the divisions of the department.

      4.  Has such other powers and duties as provided by law.

      Sec. 6.  The chief of the personnel division shall:

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

      2.  Not engage in any other gainful employment or occupation.

      Sec. 7.  The chief of the budget division may appoint a deputy and a chief assistant in the unclassified service of the state, who shall receive annual salaries determined pursuant to NRS 284.182 and shall not engage in any other gainful employment or occupation.

      Sec. 8.  NRS 232.160 is hereby amended to read as follows:

      232.160  As used in NRS 232.160 to 232.210, inclusive, unless the context requires otherwise:

      1.  “Department” means the department of [administration.] general services.

      2.  “Director” means the director of [the department of administration.] this department.

      Sec. 9.  NRS 232.170 is hereby amended to read as follows:

      232.170  1.  The department of [administration] general services is hereby created.

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

      (a) [Budget division.

      (b)] Buildings and grounds division.

      [(c)](b) Central data processing division.


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

ê1973 Statutes of Nevada, Page 1452 (Chapter 727, AB 242)ê

 

      [(d) Personnel division.

      (e)](c) Purchasing division.

      (d) State printing and records division.

      3.  The director may establish a motor pool division or may assign the functions of the state motor pool to one of the other divisions of the department.

      Sec. 10.  NRS 232.180 is hereby amended to read as follows:

      232.180  The director shall:

      1.  Be appointed by, be responsible to, and serve at the pleasure of the governor.

      2.  Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.

      3.  Receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.

      4.  Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.

      5.  Not engage in any other gainful employment or occupation.

      6.  [Have the qualifications required by NRS 353.175.

      7.  Be chief of the budget division.] Be selected with special reference to his training or experience in the services provided by the department.

      Sec. 11.  NRS 232.190 is hereby amended to read as follows:

      232.190  The director shall:

      1.  [Appoint, with the consent of the governor, a chief of each of the divisions of the department, except the budget division.

      2.]  Be responsible for the administration, through the divisions of the department, of the provisions of chapters 242, [284,] 331, 333, [and] 336 and 344 of NRS [, NRS 353.150 to 353.246, inclusive,] and all other provisions of law relating to the functions of the divisions of the department.

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

      Sec. 12.  NRS 232.200 is hereby amended to read as follows:

      232.200  [1.]  The chief of each of the divisions of the department [, except the budget division, shall:

      (a) Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise, in which case he shall be in the classified service of the state pursuant to the provisions of such chapter.

      (b) Receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182, unless he is in the classified service of the state, in which case his salary shall, unless otherwise fixed by law, be fixed pursuant to the provisions of chapter 284 of NRS.

      (c) Administer the provisions of law relating to his division, subject to the administrative supervision of the director.

      2.  The director shall administer the provisions of law relating to the budget division.

      3.  The chief of each of the divisions of the department shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.] shall serve at the pleasure of the director, but for all purposes except removal shall be in the classified service of the state pursuant to the provisions of chapter 284 of NRS.


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

ê1973 Statutes of Nevada, Page 1453 (Chapter 727, AB 242)ê

 

except removal shall be in the classified service of the state pursuant to the provisions of chapter 284 of NRS.

      Sec. 13.  NRS 2.320 is hereby amended to read as follows:

      2.320  The clerk of the supreme court and the official reporter shall be ex officio reporters of decisions. Whenever any case is finally determined by the supreme court, the reporters of decisions shall make a synopsis of the opinion and decision of the supreme court in such case. A copy of the opinion together with the synopsis of the same shall be filed by the reporters of decisions with the superintendent of the state printing [.] and records division of the department of general services.

      Sec. 14.  NRS 2.340 is hereby amended to read as follows:

      2.340  1.  The superintendent of the [department of] state printing and records division of the department of general services shall furnish the reporters of decisions with proofsheets for their verification and correction before publication in permanent form. The superintendent [of the department of state printing] then shall print immediately each complete supreme court decision in pamphlet form and shall furnish the clerk of the supreme court with as many pamphlet copies of each decision as the clerk determines are necessary for distribution to licensed attorneys, or any person mentioned in NRS 2.345, or for his use and the use of the justices of the supreme court. Each decision shall be printed and pamphlet copies returned to the clerk of the supreme court within 14 days, not including the day of delivery, after such decision has been furnished to the superintendent [of the department of state printing] by the clerk of the court. For good cause shown, the chief justice of the supreme court may extend the time within which such decision or decisions may be published.

      2.  At the time of delivering the copy of any decision to the superintendent [of the department of state printing] pursuant to the provisions of NRS 2.320, which shall be immediately after such decision is filed, the clerk of the supreme court shall take a receipt for the same, which receipt shall set forth the date of delivery and the title and number of the case.

      Sec. 15.  NRS 2.380 is hereby amended to read as follows:

      2.380  The superintendent of the [department of] state printing and records division of the department of general services shall cause to be printed upon good paper and in a workmanlike manner, bound in buckram and delivered to the secretary of state a number of copies of each volume of decisions published after February 16, 1967, not less than 750 and sufficient in the opinion of the secretary of state to meet the requirements for free distribution pursuant to NRS 345.020 and for sale.

      Sec. 16.  NRS 205.130 is hereby amended to read as follows:

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


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

ê1973 Statutes of Nevada, Page 1454 (Chapter 727, AB 242)ê

 

shall have insufficient money, property or credit with the drawee of such instrument to meet and make payment of the same in full upon its presentation, shall be guilty of a misdemeanor unless such instrument, or a series of such instruments passed in the state during a period of 90 days, is in the amount of $100 or more, in which case such person shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment. Any person having been previously convicted three times of a misdemeanor under the provisions of this section, or of any offense of a similar nature, in this state or any other state, or in a federal jurisdiction, who shall violate this section shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

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

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

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

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

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


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

ê1973 Statutes of Nevada, Page 1455 (Chapter 727, AB 242)ê

 

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

 

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

      Sec. 17.  NRS 209.350 is hereby amended to read as follows:

      209.350  1.  The board may, in its discretion, cause the prisoners, or any number of them, to be employed in any mechanical pursuits, and at hard labor, and furnish such convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the state prison.

      2.  The board shall have the exclusive control of the employment of the prisoners and may employ them in such manner as will best serve the interest of the state and the welfare of the prisoners.

      3.  The board shall not permit the employment of any prisoner on any other than public work of general advantage to the state, its municipal corporations and political subdivisions. Such work includes, but is not limited to:

      (a) Roadwork;

      (b) Construction and reconstruction work at the state prison and the prison farm under the supervision of the state planning board;

      (c) Work on the prison farm or any state property;

      (d) The manufacture of license plates and highway signs;

      (e) Work in state parks;

      (f) Reforestation of state and federal lands;

      (g) Work on fire and recreation trails and areas, erosion control dams, camp and historical sites, abandoned dredging areas, forest and brush fires anywhere in the state, and flood relief; and

      (h) Work in any industry adopted by the [state planning board] department of general services for the general employment of inmates in whole or in part, if such industry is for the benefit of the state, and not for the benefit of any prisoner.

      4.  The board may compensate prisoners for labor supplied.

      5.  On the application of any prisoner whose conduct has been within prison rules and regulations, the warden may permit the prisoner to employ his own time in the manufacture of goods and materials in the prison hobby-craft program. Such goods and materials when fabricated shall be sold by the state on behalf of the prisoner but shall not enter into competition with any free labor or any manufacturers in the State of Nevada.

      6.  The purpose of this section is to prevent competition of prisoners with free labor and industry in the State of Nevada, except where such labor and industry inures to the direct benefit of the State of Nevada.


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ê1973 Statutes of Nevada, Page 1456 (Chapter 727, AB 242)ê

 

      Sec. 17.5.  NRS 209.350 is hereby amended to read as follows:

      209.350  1.  The board may, in its discretion, cause the prisoners, or any number of them, to be employed in any mechanical pursuits, and at hard labor, and furnish such convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the state prison.

      2.  The board shall have the exclusive control of the employment of the prisoners and may employ them in such manner as will best serve the interest of the state and the welfare of the prisoners.

      3.  The board shall not permit the employment of any prisoner on any other than public work of general advantage to the state, its municipal corporations and political subdivisions. Such work includes, but is not limited to:

      (a) Roadwork;

      (b) Construction and reconstruction work at the state prison and the prison farm under the supervision of the state public works board;

      (c) Work on the prison farm or any state property;

      (d) The manufacture of license plates and highway signs;

      (e) Work in state parks;

      (f) Reforestation of state and federal lands;

      (g) Work on fire and recreation trails and areas, erosion control dams, camp and historical sites, abandoned dredging areas, forest and brush fires anywhere in the state, and flood relief; and

      (h) Work in any industry adopted by the [state public works board] department of general services for the general employment of inmates in whole or in part, if such industry is for the benefit of the state, and not for the benefit of any prisoner.

      4.  The board may compensate prisoners for labor supplied.

      5.  On the application of any prisoner whose conduct has been within prison rules and regulations, the warden may permit the prisoner to employ his own time in the manufacture of goods and materials in the prison hobby-craft program. Such goods and materials when fabricated shall be sold by the state on behalf of the prisoner but shall not enter into competition with any free labor or any manufacturers in the State of Nevada.

      6.  The purpose of this section is to prevent competition of prisoners with free labor and industry in the State of Nevada, except where such labor and industry inures to the direct benefit of the State of Nevada.

      Sec. 18.  NRS 218.225 is hereby amended to read as follows:

      218.225  1.  Each senator and assemblyman is entitled to expend as a printing allowance an amount not to exceed the total sum of $60 for the period which begins with the first day of a regular session of the legislature and ends with the 3rd Wednesday in July of the following year.

      2.  The printing allowance shall be used for reimbursement of the superintendent of the [department of] state printing and records division of the department of general services for the printing of a legislator’s official stationery, cards and other material appropriate to his official duties and shall not be used for the purpose of political advertising.

      3.  All orders for the printing specified in subsection 2 shall be placed by legislators with the director of the legislative counsel bureau, who shall approve those claims which comply with the provisions of this section and shall pay such claims from the legislative fund in the same manner as other claims against the state are paid.


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ê1973 Statutes of Nevada, Page 1457 (Chapter 727, AB 242)ê

 

and shall pay such claims from the legislative fund in the same manner as other claims against the state are paid.

      Sec. 19.  NRS 218.2756 is hereby amended to read as follows:

      218.2756  1.  If the fiscal note is obtained before the bill is introduced the legislative counsel shall submit a copy of the note to the legislator who requests the bill for introduction. If the legislator desires to introduce the bill, the legislative counsel shall attach the original, signed copy of the note to the bill and shall prepare the bill for introduction. A duplicate copy of the note shall be attached to the printer’s copy of the bill.

      2.  If the fiscal note is obtained after the bill has been introduced, the legislative counsel shall forward the original, signed copy of the note to the chief clerk of the assembly or the secretary of the senate and shall forward the duplicate copy to the superintendent of the [department of] state printing and records division of the department of general services for the purposes of printing.

      3.  The triplicate copy of the fiscal note shall be retained by the legislative counsel.

      Sec. 19.5.  NRS 218.2756 is hereby amended to read as follows:

      218.2756  1.  If the fiscal note is obtained before the bill is introduced the legislative counsel shall submit a copy of the note to the requester. If the requester desires to introduce the bill, the legislative counsel shall attach a duplicate copy of the note to the bill and shall prepare the bill for introduction. The original, signed copy of the note shall be retained by the legislative counsel to be used as printer’s copy after the bill is introduced.

      2.  If the fiscal note is obtained after the bill has been introduced, the legislative counsel shall forward a duplicate copy of the note to the chief clerk of the assembly or the secretary of the senate and shall forward the original, signed copy to the superintendent of the [department of] state printing and records division of the department of general services for the purposes of printing.

      3.  The triplicate copy of the fiscal note shall be retained by the legislative counsel.

      Sec. 20.  NRS 218.280 is hereby amended to read as follows:

      218.280  All bills and resolutions shall be introduced in triplicate; and one copy of each bill or resolution shall be marked “original,” one shall be marked “duplicate,” and one shall be marked “triplicate.” The copy marked “duplicate” shall be sent to the superintendent of the [department of] state printing and records division of the department of general services for the purpose of printing, and the copy marked “triplicate” shall be referred to the legislative counsel.

      Sec. 21.  NRS 218.290 is hereby amended to read as follows:

      218.290  1.  The superintendent of the [department of] state printing and records division of the department of general services shall print as many copies of every bill, resolution or fiscal note for any bill introduced in either house of the legislature as shall be authorized by the secretary of the senate and the chief clerk of the assembly.

      2.  In printing bills and resolutions the superintendent [of the department of state printing] is authorized:

      (a) To set the style and form of the printing.


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ê1973 Statutes of Nevada, Page 1458 (Chapter 727, AB 242)ê

 

      (b) To correct all errors in spelling or punctuation in the copy furnished him.

      (c) To supply the enacting clause if omitted.

      3.  No change shall be made by the superintendent [of the department of state printing] which shall in any way vary the apparent meaning of a bill or resolution.

      Sec. 22.  NRS 218.300 is hereby amended to read as follows:

      218.300  The superintendent of the [department of] state printing and records division of the department of general services shall, immediately after receipt of the copy of any bill or resolution, print, in addition to the regular authorized number, one copy thereof upon heavy buff paper, which copy shall be delivered to the secretary of the senate or to the chief clerk of the assembly. Before the third reading and final passage of the bill or resolution, the legislative counsel shall carefully compare the printed or reprinted copy of the bill or resolution with the triplicate copy thereof and the original amendments as adopted by the house, and, if the printed or reprinted copy is found to be in all respects correct, the legislative counsel shall then certify to the correctness of the bound copy and shall deliver the same to the secretary of the senate or the chief clerk of the assembly as the case may be; whereupon the bound copy printed upon buff paper, so compared and certified, shall be ready for third reading and final passage.

      Sec. 23.  NRS 218.350 is hereby amended to read as follows:

      218.350  1.  The legislative counsel shall transmit copies of passed bills or resolutions without delay, in the order of their receipt, to the superintendent of the [department of] state printing [,] and records division of the department of general services, taking his receipt therefor. The receipt shall bear the date of delivery and give the bill or resolution number.

      2.  The superintendent [of the department of state printing] shall without delay enroll (print) the bills or resolutions in the order of their receipt by him, and they shall be printed in enrolled form, retaining symbols indicating amendments to existing law only. In printing enrolled bills amending existing law, the superintendent, [of the department of state printing,] in cooperation with the legislative counsel, shall cause to be printed between brackets the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendment; and shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by the passage of such amendment.

      3.  In ascertaining the correct reading, status and interpretation of an enrolled bill amending existing law, the matter inserted within brackets shall be omitted, and the matter in italics shall be read and interpreted as part of the enrolled bill.

      4.  At least one enrolled copy, with proper blanks for the signatures of the officers whose duty it is to sign enrolled bills and resolutions, shall be printed on bond paper, and the superintendent [of the department of state printing] shall deliver the enrolled copy of the bill or resolution to the legislative counsel. The legislative counsel shall then carefully compare the enrolled copy with the official engrossed copy, and if the enrolled copy is found to be correct the legislative counsel shall present it to the proper officers for their signatures.


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ê1973 Statutes of Nevada, Page 1459 (Chapter 727, AB 242)ê

 

shall present it to the proper officers for their signatures. When the officers sign their names thereon, as required by law, it is enrolled. The official engrossed copy may by resolution be used as the enrolled bill.

      Sec. 24.  (Deleted by amendment.)

      Sec. 25.  (Deleted by amendment.)

      Sec. 26.  NRS 218.470 is hereby amended to read as follows:

      218.470  1.  During each session of the legislature, the superintendent of the [department of] state printing and records division of the department of general services shall print daily in separate book form a sufficient number of copies of the journal of the previous day’s proceedings of each house to supply the members and officers of both houses. The secretary of the senate and the chief clerk of the assembly shall determine the number of copies necessary for their respective houses.

      2.  One copy of the daily journal of each house, upon its approval by the house, shall be authenticated as so approved by the presiding officer and the secretary or chief clerk as the case may be. Upon final adjournment of the legislature the authenticated copies of the daily journal of each house for the entire session shall be properly bound in separate volumes and deposited in the office of the secretary of state as the official journals of both houses of the legislature.

      Sec. 27.  NRS 218.480 is hereby amended to read as follows:

      218.480  1.  Whenever any message, report or other document in pamphlet form is ordered printed by the legislature, 125 copies, supplemental to the number ordered, shall be printed and retained by the superintendent of the [department of] state printing and records division of the department of general services for binding with the journals of the senate and assembly.

      2.  At the end of each session of the legislature, 125 copies of the journals shall be printed, indexed and bound in book form in the same style as those of the 1927 session of the legislature. The journal of each house shall be bound separately.

      3.  At the end of each session of the legislature, 50 copies of the appendices shall be printed and bound in book form in the same style as those of the 1927 session of the legislature.

      4.  The director of the legislative counsel bureau shall direct the compilation of the journal indices, and shall deliver the completed journal indices to the superintendent. [of the department of state printing.]

      5.  The bound volumes shall be delivered to the secretary of state and shall constitute the journals of the senate and the assembly.

      6.  Each member of the legislature of which such journals are the record shall be entitled to one copy of the senate journal and one copy of the assembly journal.

      Sec. 28.  NRS 218.500 is hereby amended to read as follows:

      218.500  1.  The secretary of state shall furnish to the superintendent of the [department of] state printing [,] and records division of the department of general services, within 3 days from the time he receives the same from the governor, after approval, a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.

      2.  The superintendent [of the department of state printing] shall:

      (a) Distribute one copy of each act as printed to each county clerk, county auditor, district judge, district attorney and justice of the peace in the state, and an appropriate number of copies to the director of the legislative counsel bureau.


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ê1973 Statutes of Nevada, Page 1460 (Chapter 727, AB 242)ê

 

county auditor, district judge, district attorney and justice of the peace in the state, and an appropriate number of copies to the director of the legislative counsel bureau.

      (b) Immediately upon the adjournment of the session, collect, print and bind advance sheets of all acts, resolutions and memorials passed at the session.

      (c) Distribute one copy of the advance sheets, without charge, to each county clerk, county auditor, district judge, district attorney and justice of the peace in the state, and an appropriate number of copies to the director of the legislative counsel bureau; and establish the price at which the advance sheets shall be sold to other persons.

      3.  The director of the legislative counsel bureau shall, immediately upon the adjournment of the session, prepare and deliver to the superintendent [of the department of state printing] an index of all acts, resolutions and memorials passed at the session.

      4.  The superintendent, [of the department of state printing,] upon receipt of the index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218.510.

      Sec. 29.  NRS 218.520 is hereby amended to read as follows:

      218.520  1.  The superintendent of the [department of] state printing and records division of the department of general services is authorized to set the style and form of the printing of the bound volumes of the Statutes of Nevada.

      2.  In printing the section or part of the law reenacted in an amendatory law, he shall cause to be printed between brackets or in strike-out type the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendments as the same appears in the enrolled bill. He shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by passage of such amendment.

      3.  In ascertaining the correct reading, status and interpretation of an amendatory law, the matter in italics shall be read and interpreted as part of the law.

      Sec. 30.  NRS 220.130 is hereby amended to read as follows:

      220.130  1.  Upon completion of Nevada Revised Statutes, the legislative counsel is authorized and directed to have the same printed, lithoprinted or reproduced by any other process by the [department of] state printing [.] and records division of the department of general services. The legislative commission shall determine the number of copies which shall be printed or reproduced of each page of:

      (a) Each volume of Nevada Revised Statutes;

      (b) Each volume of citations to and annotations of decisions of the Nevada supreme court and federal courts construing each statute and constitutional provision; and

      (c) Each volume of the digest of cases decided by the Nevada supreme court.

      2.  Upon completion of the final printing or other reproduction the separate volumes shall be bound as required in this chapter and retained by the legislative counsel for safekeeping and disposition. The legislative counsel shall sell each set, and may sell individual volumes, parts or pages when available, at a price to be set by the legislative commission as near as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the legislative counsel bureau printing and binding fund.


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ê1973 Statutes of Nevada, Page 1461 (Chapter 727, AB 242)ê

 

as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the legislative counsel bureau printing and binding fund.

      3.  A master copy of Nevada Revised Statutes shall be kept in the office of the legislative counsel, and the master copy shall not be removed from the office except in the custody of the legislative counsel.

      Sec. 30.5.  NRS 220.130 is hereby amended to read as follows:

      220.130  1.  Upon completion of Nevada Revised Statutes, the legislative counsel is authorized and directed to have the same printed, lithoprinted or reproduced by any other process by the [department of] state printing [.] and records division of the department of general services. The legislative commission shall determine the number of copies which shall be printed or reproduced of each page of:

      (a) Each volume of Nevada Revised Statutes;

      (b) Each volume of citations to and annotations of decisions of the Nevada supreme court and federal courts construing each statute and constitutional provision; and

      (c) Each volume of the digest of cases decided by the Nevada supreme court.

      2.  Upon completion of the final printing or other reproduction the separate volumes shall be bound as required in this chapter and retained by the legislative counsel for safekeeping and disposition. The legislative counsel shall sell each set, and may sell individual volumes, parts or pages when available, at a price to be set by the legislative commission as near as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the legislative fund.

      3.  A master copy of Nevada Revised Statutes shall be kept in the office of the legislative counsel, and the master copy shall not be removed from the office except in the custody of the legislative counsel.

      Sec. 31.  NRS 220.140 is hereby amended to read as follows:

      220.140  The legislative counsel bureau shall reimburse the superintendent of the [department of] state printing and records division of the department of general services for the cost of printing or reproduction required by this chapter from the legislative counsel bureau printing and binding fund or from legislative appropriations made for that purpose.

      Sec. 31.5.  NRS 220.140 is hereby amended to read as follows:

      220.140  The legislative counsel bureau shall reimburse the superintendent of the [department of] state printing and records division of the department of general services for the cost of printing or reproduction required by this chapter from the legislative fund or from legislative appropriations made for that purpose.

      Sec. 32.  NRS 231.130 is hereby amended to read as follows:

      231.130  The director shall not interfere with the functions of any other state agencies but shall be furnished from time to time, on request, with data and other information from such agencies’ records bearing on all matters relative to the objectives of the department. It is expected that the director shall avail himself of the records and assistance of the state planning board, the employment security department, the advisory mining board and the bureau of mines, the state forester firewarden, the state department of agriculture, the department of highways, the Nevada department of fish and game, the state engineer, the [director] chief of the budget division of the department of administration, and the state board of finance, and the heads of such other state agencies as in the opinion of the governor might make a contribution to the work of the department.


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ê1973 Statutes of Nevada, Page 1462 (Chapter 727, AB 242)ê

 

the budget division of the department of administration, and the state board of finance, and the heads of such other state agencies as in the opinion of the governor might make a contribution to the work of the department.

      Sec. 33.  NRS 242.010 is hereby amended to read as follows:

      242.010  As used in NRS 242.010 to [242.070,] 242.060, inclusive, unless the context otherwise requires:

      1.  “Division” means the central data processing division of the department of [administration.] general services.

      2.  “Equipment” means any machine or device designed for the automatic handling of coded information, including but not limited to recording, storage and retrieval.

      Sec. 34.  NRS 242.030 is hereby amended to read as follows:

      242.030  1.  The provisions of NRS 242.010 to [242.070,] 242.060, inclusive, do not apply to the department of highways, the department of motor vehicles, the state controller, the University of Nevada System, the legislative counsel bureau, the Nevada industrial commission and the employment security department, but subject to the provisions of NRS 242.010 to [242.070,] 242.060, inclusive, such departments, officers and agencies may utilize the services of the division.

      2.  The division shall provide state agencies with all of their required systems, programming and automatic data processing equipment services.

      3.  If the demand for services is in excess of the capability of the division to supply such services, the division will contract with other agencies or independent contractors to furnish the required service and will be responsible for the administration of such contracts.

      Sec. 35.  NRS 242.050 is hereby amended to read as follows:

      242.050  Subject to the approval of the director of the department of [administration,] general services, the chief of the division shall adopt regulations necessary for the administration of NRS 242.010 to [242.070,] 242.060, inclusive. Such regulations may include provision for the performance, by any agency which uses the services of the division, of preliminary input procedures, such as data recording and verification, within such agency.

      Sec. 36.  NRS 331.010 is hereby amended to read as follows:

      331.010  The following words shall have the following meaning within the purview of NRS 331.010 to 331.150, inclusive, and shall be so construed:

      1.  “Buildings and grounds division” means the buildings and grounds division of the department of [administration.] general services.

      2.  “Director” means the director of the department of [administration.] general services.

      3.  “Superintendent” means the chief of the buildings and grounds division. [of the department of administration.]

      Sec. 37.  NRS 331.060 is hereby amended to read as follows:

      331.060  1.  The superintendent [is authorized and directed to] shall, within the limits of legislative appropriations, employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners, watchmen and such other persons as may be necessary to carry out the provisions of NRS 331.010 to 331.150, inclusive.


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ê1973 Statutes of Nevada, Page 1463 (Chapter 727, AB 242)ê

 

      2.  The employees shall perform duties as assigned by the superintendent. [Employees in the unclassified service of the state shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.]

      3.  The superintendent shall be responsible for the fitness and good conduct of all such employees.

      [4.  The deputy superintendent of buildings and grounds and the chief assistant each shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.]

      Sec. 38.  NRS 331.160 is hereby amended to read as follows:

      331.160  1.  The Marlette Lake water system, composed of the water rights, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.

      2.  The purposes of the Marlette Lake water system are:

      (a) To provide adequate supplies of water to the areas served.

      (b) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.

      (c) To sell water under equitable and fiscally sound contractual arrangements. Any such contractual arrangement shall not include the value of the land comprising the watershed as an element in determining the cost of water sold.

      3.  The department of [administration] general services is designated as the state agency to supervise and administer the functions of the Marlette Lake water system.

      4.  The director of the department of [administration] general services may [:

      (a) Assign] assign the supervision and administration of the functions of the Marlette Lake water system to one of the divisions of the department or may establish a separate division to carry out the purposes of NRS 331.160 to 331.180, inclusive. [; or]

      [(b) Sell]5.  The director of the department of administration may sell or lease the Marlette Lake water system, if and in such manner as provided by special law.

      [5.]6.  Subject to the limit of funds provided by legislative appropriation or expenditures authorized pursuant to the provisions of chapter 353 of NRS, or both, the chief of the division shall employ necessary staff to carry out the provisions of NRS 331.160 to 331.180, inclusive. [The water system supervisor employed by the private owner of the system on the date of acquisition by the State of Nevada shall be employed by the chief of the division, which position shall be in the unclassified service of the state until such employee terminates his employment with the state. Such employee shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182. Thereafter such position shall be in the classified service of the state.]

      Sec. 38.5.  NRS 331.160 is hereby amended to read as follows:

      331.160  1.  The Marlette Lake water system, composed of the water rights, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.


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ê1973 Statutes of Nevada, Page 1464 (Chapter 727, AB 242)ê

 

rights, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.

      2.  The purposes of the Marlette Lake water system are:

      (a) To provide adequate supplies of water to the areas served.

      (b) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.

      (c) To sell water under equitable and fiscally sound contractural arrangements. Any such contractual arrangements shall not include the value of the land comprising the watershed as an element in determining the cost of water sold.

      3.  The department of [administration] general services is designated as the state agency to supervise and administer the functions of the Marlette Lake water system.

      4.  The director of the department [administration] general services may assign the supervision and administration of the functions of the Marlette Lake water system to one of the divisions of the department or may establish a separate division to carry out the purposes of NRS 331.160 to 331.180, inclusive.

      5.  The director of the department of administration shall:

      (a) Develop a plan and program to improve and modernize the existing water shortage and distribution system to its full utilization.

      (b) Establish the value of water to be distributed from the system.

      (c) Include in the water rate structure provisions for recovery, over a reasonable period, of the major capital costs of improving and modernizing the system.

      (d) Assure that the rate structure is equitable for all present and potential customers.

      6.  Subject to the limit of funds provided by legislative appropriation or expenditures authorized pursuant to the provisions of chapter 353 of NRS, or both, the chief of the division shall employ necessary staff to carry out the provisions of NRS 331.160 to 331.180, inclusive. [The water system supervisor employed by the private owner of the system on the date of acquisition by the State of Nevada shall be employed by the chief of the division, which position shall be in the unclassified service of the state until such employee terminates his employment with the state. Such employee shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182. Thereafter such position shall be in the classified service of the state.]

      Sec. 39.  NRS 331.170 is hereby amended to read as follows:

      331.170  1.  The state department of conservation and natural resources shall control and administer the land acquired by the State of Nevada with the purchase of the Marlette Lake water system, to assure its optimum use for recreation, water development, forestry and fishery.

      2.  The state department of conservation and natural resources shall cooperate with the department of [administration or its] general services or the vendee or lessee of the water system:

      (a) To preserve and protect the sources of water; and

      (b) To preserve and improve the watershed.


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ê1973 Statutes of Nevada, Page 1465 (Chapter 727, AB 242)ê

 

      3.  The state department of conservation and natural resources shall cooperate with the state hoard of fish and game commissioners in the use of Marlette Lake and its tributaries for fishery and propagation.

      Sec. 39.5.  NRS 331.170 is hereby amended to read as follows:

      331.170  1.  The state department of conservation and natural resources shall control and administer the land acquired by the State of Nevada with the purchase of the Marlette Lake water system, to assure its optimum use for recreation, water development, forestry and fishery.

      2.  The state department of conservation and natural resources shall cooperate with the department of [administration:] general services:

      (a) To preserve and protect the sources of water; and

      (b) To preserve and improve the watershed.

      3.  The state department of conservation and natural resources shall cooperate with the state board of fish and game commissioners in the use of Marlette Lake and its tributaries for fishery and propagation.

      Sec. 40.  NRS 331.185 is hereby amended to read as follows:

      331.185  1.  It is the intent of the legislature in enacting this section that permanence of the gifts and property purchased from donations given by the people of the State of Nevada for the governor’s mansion be assured.

      2.  After April 21, 1969, a detailed inventory shall be taken of state property of the governor’s mansion by the chief of the purchasing division of the department of [administration.] general services. Any new acquisitions thereafter shall be added to the inventory. During December of 1970 and during December of every fourth year thereafter, and immediately upon the succession of a lieutenant governor to occupancy of the mansion whenever this occurs, the chief of the purchasing division of the department of [administration] general services shall conduct an inventory of all property belonging to the governor’s mansion.

      3.  The replacement of missing or damaged property belonging to the governor’s mansion is the responsibility of the governor or acting governor occupying the mansion since the preceding inventory, except:

      (a) Where damage is caused by normal wear and tear.

      (b) Where there is a loss due to theft, flood, fire or some other cause beyond the control of the governor or his immediate family if such loss is reported to the chief of the purchasing division of the department of [administrative] general services immediately after such loss is discovered.

      Sec. 41.  NRS 333.020 is hereby amended to read as follows:

      333.020  The following words shall have the following meaning within the purview of this chapter, and shall be so construed:

      1.  “Chief” means the chief of the purchasing division. [of the department of administration.]

      2.  “Director” means the director of the department of [administration.] general services.

      3.  “Purchasing division” means the purchasing division of the department of [administration.] general services.

      4.  “Using agencies” means any and all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public funds in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the Federal Government or any branch, bureau or agency thereof, or funds derived from private or other sources, excepting counties, municipalities, irrigation districts and school districts.


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ê1973 Statutes of Nevada, Page 1466 (Chapter 727, AB 242)ê

 

the State of Nevada, funds received from the Federal Government or any branch, bureau or agency thereof, or funds derived from private or other sources, excepting counties, municipalities, irrigation districts and school districts. The University of Nevada System and the desert research institute of the University of Nevada System are not “using agencies” except as provided in NRS 333.461.

      5.  “Volunteer fire department” means a volunteer fire department which pays industrial insurance premiums pursuant to the provisions of chapter 616 of NRS.

      Sec. 42.  NRS 333.200 is hereby amended to read as follows:

      333.200  1.  The chief shall cause to be maintained perpetual inventory records of all supplies and materials stored centrally or by the using agencies.

      2.  The chief shall:

      (a) Control the stocks of supplies and materials on hand, the storing and issuance of supplies and materials, and the distributing of the costs of supplies and materials used.

      (b) Produce information, as and when required, respecting quantities on hand, quantities purchased over a specified period, quantities used over a specified period by each using agency, quantities supplied by vendors specified for specified periods, unit prices, average prices, and experience with the vendors supplying the different classes of supplies.

      (c) Price supplies and materials when purchased and when charged out of stock as used.

      (d) Transfer surplus supplies and materials to points where they can be used advantageously.

      (e) Direct and make test checks of physical inventories.

      (f) Supervise the taking of annual inventories.

      (g) Instruct storekeepers in the prescribed procedures for controlling stored materials.

      3.  The stores records shall be so maintained as to show:

      (a) The quantity of each commodity on hand.

      (b) The average unit cost, including transportation charges.

      (c) The total cost of the supply on hand.

      (d) The minimum quantity that should be kept in stock.

      (e) The maximum quantity that should be kept in stock at any one time.

      4.  After all records of previous quantities used by using agencies are compiled, a model stock system shall be set up to control inventories that are on hand and on order. Inventory controlling accounts, limited to recording the costs of supplies purchased, the costs of supplies issued and used, and the value of the stock on hand, shall be maintained. However, such inventories of the department of highways, the [superintendent of the department of] state printing and records division of the department of general services and the University of Nevada System shall be maintained by those agencies respectively in accordance with the uniform rules and regulations as provided in this chapter and as may be hereafter promulgated by the chief.

      Sec. 43.  NRS 336.010 is hereby amended to read as follows:

      336.010  As used in this chapter “executive officer” means the chief of the division of the department of [administration] general services designated by the director of [the department of administration] that department to operate the state motor pool.


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ê1973 Statutes of Nevada, Page 1467 (Chapter 727, AB 242)ê

 

of the division of the department of [administration] general services designated by the director of [the department of administration] that department to operate the state motor pool.

      Sec. 44.  NRS 336.040 is hereby amended to read as follows:

      336.040  The state motor pool shall be operated by a division of the department of [administration] general services to be designated by the director of [the department of administration.] that department.

      Sec. 45.  NRS 344.015 is hereby amended to read as follows:

      344.015  [“Department” means the department of state printing.] “Division” means the state printing and records division of the department of general services.

      Sec. 46.  NRS 344.019 is hereby amended to read as follows:

      344.019  “Superintendent” means the [superintendent of the department of state printing.] chief of the division.

      Sec. 47.  NRS 344.021 is hereby amended to read as follows:

      344.021  1.  [There is hereby created the department of state printing.

      2.  The department shall consist] The division consists of a superintendent and the following [divisions:] sections:

      (a) Printing [division.] section.

      (b) Reproduction [division.] section.

      [3.]  2.  The superintendent may create within the [divisions of the department] sections of the division necessary working units relating but not limited to the composing room, the letterpress room, the bindery, [and] the offset press room [.] and the records management unit.

      Sec. 48.  NRS 344.023 is hereby amended to read as follows:

      344.023  [1.  The office of superintendent of the department of state printing is hereby created.

      2.  The superintendent shall be appointed by and be responsible to the governor. He shall be in the unclassified service of the state.

      3.]  No person is eligible for the office of superintendent who has not had 5 years’ experience in the art of printing, including 2 years of supervisory or administrative experience beyond the level of foreman.

      Sec. 49.  NRS 344.025 is hereby amended to read as follows:

      344.025  [1.  The superintendent shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182.

      2.]  Before entering into office, the superintendent shall execute a surety bond, payable to the state in the sum of $10,000, conditioned for the faithful performance of all duties which may be required of him by law.

      [3.  The superintendent shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.]

      Sec. 50.  NRS 344.040 is hereby amended to read as follows:

      344.040  The superintendent shall:

      1.  Supervise the operations of the [department.] division.

      2.  Take charge of and be responsible for all manuscripts or other matter which may be delivered to him for printing or reproduction.

      3.  Receive and promptly execute all orders for printing or reproduction required by the various state officers, boards and commissions.


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ê1973 Statutes of Nevada, Page 1468 (Chapter 727, AB 242)ê

 

      4.  Submit a biennial report through the director of the department of general services to the legislative commission and the governor concerning the complete transactions of the [department.] division.

      5.  Appoint as chiefs of the printing and reproduction [divisions] sections persons who are skilled in these respective arts and who have demonstrated supervisory and administrative ability. [The chiefs of the divisions shall be in the classified service of the state.]

      6.  Maintain perpetual inventory records of equipment in the [department.] division. He shall include in his biennial report required by subsection 4 a statement of all changes in the equipment inventory made since the submission of his last report.

      Sec. 51.  NRS 344.050 is hereby amended to read as follows:

      344.050  1.  The superintendent shall not permit any other than state work to be done in the [department.] division.

      2.  All state officers, boards, commissions, trustees, regents and directors required or authorized by law to make reports or to publish circulars, bulletins, printed books, stationery or printed matter of any kind shall:

      (a) Have the printing, reproduction and binding of such material done by the [department,] division, at the expense of their respective funds or appropriations; or

      (b) Produce the reports or other published matter within their respective agencies by use of copying or duplicating machines other than printing by letterpress or the offset process.

      3.  The printing of official stationery, cards and other material appropriate to the official duties of members of the legislature shall be done in the [department] division at the expense of the legislative fund.

      4.  Invitations, tickets of admission, programs, menus or the like for any state institution or school shall not be considered state printing, and the superintendent is directed not to accept the same.

      5.  Nothing in this chapter shall be construed to mean that the superintendent is required or expected to perform any work other than that which the type, machinery and other printing, reproduction and binding appliances in the [department] division will permit.

      Sec. 51.5.  NRS 344.050 is hereby amended to read as follows:

      344.050  1.  The superintendent shall not permit any other than state work to be done in the [department.] division.

      2.  All state officers, boards, commissions, trustees, regents and directors required or authorized by law to make reports or to publish circulars, bulletins, printed books, stationery or printed matter of any kind shall:

      (a) Have the printing, reproduction and binding of such material done by the [department,] division, at the expense of their respective funds or appropriations; or

      (b) Produce the reports or other published matter within their respective agencies by use of copying or duplicating machines other than printing by letterpress or the offset process.

      3.  The printing of official stationary, cards and other material appropriate to the official duties of members of the legislature shall be done in the [department] division at the expense of the legislative fund.

      4.  Invitations, tickets of admission, programs, menus or the like for any state institution or school shall not be considered state printing, and the superintendent is directed not to accept the same but he may print such material for official state functions.


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ê1973 Statutes of Nevada, Page 1469 (Chapter 727, AB 242)ê

 

the superintendent is directed not to accept the same but he may print such material for official state functions.

      5.  Nothing in this chapter shall be construed to mean that the superintendent is required or expected to perform any work other than that which the type, machinery and other printing, reproduction and binding appliances in the [department] division will permit.

      Sec. 52.  NRS 344.055 is hereby amended to read as follows:

      344.055  1.  No state agency may purchase any multiple duplication equipment without the prior approval of the superintendent.

      2.  Before the superintendent approves such purchase, he shall first determine that such agency’s need for such equipment justifies such purchase and that the purchase of such equipment will not diminish the efficiency of the [department.] division.

      3.  The superintendent may, with the approval of the director of the department of general services, order the transfer of all multiple duplication equipment from any agency to the [department] division or to any other agency. He may declare any such equipment surplus and may order the disposition of such equipment in the manner provided by law.

      Sec. 52.5.  NRS 344.055 is hereby amended to read as follows:

      344.055  1.  No state agency may purchase, lease, rent or meter any multiple duplication equipment without the prior approval of the superintendent.

      2.  Before the superintendent approves such action, he shall first determine that such agency’s need for such equipment justifies such action and that such action will not diminish the efficiency of the [department.] division. When multiple duplication equipment is declared surplus or unusable, the disposal of such equipment shall be coordinated with the superintendent.

      3.  The superintendent may, with the approval of the director of the department of general services, order the transfer of all multiple duplication equipment from any agency to the [department] division or to any other agency. He may declare any such equipment surplus and may order the disposition of such equipment in the manner provided by law.

      4.  Type that has been composed by the [department of state printing] division may not be reproduced by any other state agency either by photo or electrostatic process without approval of the superintendent.

      Sec. 53.  NRS 344.080 is hereby amended to read as follows:

      344.080  1.  The superintendent shall employ such compositors, machine operators, pressmen and assistants as the exigency of the work from time to time requires, and he may at any time discharge such employees. At no time shall he employ more compositors, machine operators, pressmen and assistants than the necessities of the [department] division may require.

      2.  The compensation of such compositors, machine operators, pressmen and assistants shall be fixed by the personnel division of the department of administration, but at no time shall such employees receive a higher rate of wages than is recognized by the employing printers of the State of Nevada or than the nature of the employment may require.

      3.  All clerical employees and such other persons as are employed for work not directly related to the printing crafts shall be in the classified service of the state.


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ê1973 Statutes of Nevada, Page 1470 (Chapter 727, AB 242)ê

 

service of the state. [The chief assistant shall be in the classified service of the state and shall receive a salary fixed by the personnel division of the department of administration.

      4.  On the first business day after the 1st and 15th days of each month the superintendent shall submit to the state board of examiners a statement of the salary or wages due each employee for the semimonthly period immediately preceding. The state board of examiners shall then immediately consider the payroll, and after its approval by the board, or a majority thereof, the state controller shall draw his warrants on the state treasurer in payment of the salaries or wages in the same manner as other salaries are paid.]

      Sec. 54.  NRS 344.090 is hereby amended to read as follows:

      344.090  1.  There is hereby created in the state treasury a fund to be known as the state printing fund.

      2.  The state printing fund shall consist of the funds appropriated to carry out the provisions of this chapter, and all moneys received in the state printing fund from any source whatever in payment of all printing, reproduction and binding done in the [department.] division.

      3.  All expenses for the support of the [department,] division, including the salary of the superintendent, shall be paid from the state printing fund.

      4.  Within 6 months after the end of each fiscal year, any profit in excess of $175,000 shall revert to the fund or account from which received in proportion to the amount charged such fund or account during that fiscal year. The profit realized for the biennium shall be determined in accordance with generally accepted accounting principles for intragovernmental service funds.

      Sec. 55.  NRS 344.095 is hereby amended to read as follows:

      344.095  Commencing July 1, 1971, and continuing until the construction costs of $590,017 for the plant of the [department] division have been paid, the [department] division shall pay annually to the state treasurer for deposit in the general fund in the state treasury 2 percent of the building’s original acquisition cost.

      Sec. 56.  NRS 344.100 is hereby amended to read as follows:

      344.100  The state controller and the state treasurer [are authorized and directed to] shall transfer from the general fund to the state printing fund any and all moneys appropriated from time to time by the legislature for the support of the [department.] division.

      Sec. 57.  NRS 344.160 is hereby amended to read as follows:

      344.160  1.  Should any state officer, commissioner, trustee or superintendent consider that the requirements of his office, department or institution demand stationery, blanks, forms or work of any character which cannot be performed in the [department,] division, and if it appear that, through lack of necessary machinery or appliances, the work cannot be done satisfactorily in the [department,] division, the superintendent shall authorize the state officer, commissioner, trustee or superintendent to have the work performed in a commercial printing establishment, the cost of the same to be paid out of the contingent fund provided for the expenses of state officers or out of the fund provided for the support of the commission or institution requiring the work, as the case may be.


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ê1973 Statutes of Nevada, Page 1471 (Chapter 727, AB 242)ê

 

      2.  The state controller is directed not to draw his warrant in payment for any printed matter except such as is authorized by subsection 1.

      Sec. 58.  NRS 344.170 is hereby amended to read as follows:

      344.170  1.  Whenever any printed matter printed in the [department] division or in any privately owned and operated printing establishment in the State of Nevada, for any state department, board or farm bureau requires the use of photoengraved plates consisting of copper and zinc halftones and etchings, or halftones and etchings composed of any other metal, the same shall be purchased from some bona fide commercial establishment making or manufacturing the same within the State of Nevada.

      2.  If there is no commercial establishment adequately equipped to furnish such halftones and etchings, then the same may be purchased from any commercial establishment outside of the State of Nevada.

      3.  The state board of examiners shall not approve any claim for payment for work done by any establishment in violation of the provisions of this section.

      4.  The provisions of this section are contingent upon satisfactory services being rendered by all such commercial establishments within the State of Nevada making or manufacturing such halftones or etchings and reasonable charges made therefor. Reasonable charges means a charge not in excess of the amount necessary to be paid for the purchase of such halftones and etchings in similar commercial establishments in other states.

      Sec. 59.  NRS 345.020 is hereby amended to read as follows:

      345.020  Upon receipt of copies of each volume of Nevada Reports from the superintendent of the [department of state printing,] state printing and records division of the department of general services, as provided in NRS 2.380, the secretary of state shall distribute them as follows:

      1.  To each of the judges of the District Court of the United States for the District of Nevada, one copy.

      2.  To the supreme court law library, two copies.

      3.  To each state officer, justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, and justice of the peace in this state, one copy.

      4.  To each public library in this state, one copy.

      5.  To the Nevada historical society, one copy.

      Sec. 60.  NRS 345.025 is hereby amended to read as follows:

      345.025  Within the limits of legislative appropriations, the secretary of state is authorized to pay the superintendent of the [department of state printing] state printing and records division of the department of general services for the reproduction by printing or other reproductive process of volumes of Nevada Reports which are out of print or of limited supply in the office of the secretary of state. Such reproduced volumes may be bound so as to contain one or more volumes of the original Nevada Reports and shall be sold to the public at the prices provided in NRS 345.050. The proceeds of such sales shall be deposited by the secretary of state in the general fund in the state treasury.

      Sec. 61.  NRS 349.071 is hereby amended to read as follows:


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ê1973 Statutes of Nevada, Page 1472 (Chapter 727, AB 242)ê

 

      349.071  1.  The state [general obligation bond commission, consisting of the governor, the state controller and the state treasurer, is hereby created with perpetual existence.

      2.  The state general obligation bond commission] board of examiners may issue and redeem securities on behalf of the state, when such issue is authorized by law, in the manner provided by the State Securities Law.

      2.  The state board of examiners constitutes the successor of the state general obligation bond commission and any like commission created prior to April 25, 1967.

      3.  In connection with any outstanding state securities issued on behalf of the State of Nevada by the state general obligation bond commission or any such predecessor commission, the state [general obligation bond commission] board of examiners may fund, refund and reissue such securities and may otherwise exercise on behalf of the state the supplemental powers provided in the State Securities Law.

      Sec. 62.  NRS 349.072 is hereby amended to read as follows:

      349.072  There is hereby created in the general fund in the state treasury the state [general obligation bond commission] bond issuance account to which moneys may be appropriated for the payment of incidental expenses pertaining to state securities and projects relating thereto.

      Sec. 63.  NRS 349.162 is hereby amended to read as follows:

      349.162  “Commission” means the state board of examiners, any state general obligation bond commission or any other commission, board or other agency of the state which is authorized by law to issue bonds or other securities in the name and on behalf of the state in accordance with the provisions of the State Securities Law, and means any such successor agency of this state.

      Sec. 64.  NRS 360.110 is hereby amended to read as follows:

      360.110  All forms, blanks, envelopes, letterheads, circulars and reports required to be printed by the Nevada tax commission shall be printed by the [department of] state printing and records division of the department of general services under the general provisions of chapter 344 of NRS.

      Sec. 65.  NRS 378.180 is hereby amended to read as follows:

      378.180  1.  Every state agency shall, upon release, deposit a specified number of copies of each of its state publications with the state publications distribution center to meet the needs of the depository library system and to provide interlibrary loan service to those libraries without depository status. This distribution shall be required only if sufficient funds are appropriated for the printing of these materials.

      2.  For each item printed by the [department of] state printing [,] and records division of the department of general services, 50 additional copies shall be authorized to be printed by the [department of state printing,] division, these to be collected by the state publications distribution center and distributed to public and university libraries within the state.

      3.  All city, county and regional agencies shall, upon release, deposit at least one copy of each of its publications with the state publications distribution center and a list of its publications for a calendar year.

      Sec. 66.  NRS 381.105 is hereby amended to read as follows:

      381.105  [Notwithstanding any provisions of law to the contrary, the] 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 director, through expenditures of donated or dedicated funds only, with permission of the chief of the purchasing division of the department of [administration,] general services, but without otherwise meeting the requirements of the State Purchasing Act.


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ê1973 Statutes of Nevada, Page 1473 (Chapter 727, AB 242)ê

 

the] 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 director, through expenditures of donated or dedicated funds only, with permission of the chief of the purchasing division of the department of [administration,] general services, but without otherwise meeting the requirements of the State Purchasing Act.

      Sec. 67.  NRS 381.270 is hereby amended to read as follows:

      381.270  1.  Subject to the provisions of subsection 2, the chief of the buildings and grounds division of the department of [administration] general services for and on behalf of the Lost City museum may accept gifts, devises or bequests of real or personal property from any source and may use the same in any manner consistent with the purposes of the museum.

      2.  No gift, devise or bequest shall be accepted by the chief of the buildings and grounds division [of the department of administration] for the Lost City museum, whether or not such gift, devise or bequest may confer a benefit upon the people of the State of Nevada, unless prior legislative approval in the form of a concurrent resolution is obtained.

      Sec. 68.  NRS 382.015 is hereby amended to read as follows:

      382.015  [Notwithstanding any provisions of law to the contrary, the] 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,] general services, but without otherwise meeting the requirements of the State Purchasing Act.

      Sec. 69.  NRS 382.050 is hereby amended to read as follows:

      382.050  1.  The superintendent of the [department of] state printing and records division of the department of general services shall cause such number of copies of 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 executive secretary 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 the department of state printing] by the society, and the costs of printing, binding and transportation shall be paid by the society.

      3.  The society may sell pamphlets or books prepared solely by or printed for the society which shall be for the purpose of disseminating general or historical information only. The society may deposit the proceeds of such sales in an insured commercial bank account.

      4.  Funds received by the society from donations, grants or any other source may be deposited in the account provided for in subsection 3. Expenditures of such funds shall be limited to the purpose of the donation, grant or other source of the fund.

      5.  A trustee designated by the board of trustees and the executive secretary or his designee shall jointly:

      (a) Draw all checks on the account established pursuant to subsection 3.


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ê1973 Statutes of Nevada, Page 1474 (Chapter 727, AB 242)ê

 

      (b) Endorse all checks or other negotiable items made payable to the Nevada historical society for deposit in the account established pursuant to subsection 3.

      Sec. 70.  NRS 385.130 is hereby amended to read as follows:

      385.130  The board shall cause the superintendent of the [department of] state printing and records division of the department of general services to do any printing required by the board, such as Title 34 of NRS, state courses of study, the proceedings of teachers’ institutes, blank forms, and such other matter as the board may require. Textbooks shall not be printed by the superintendent of the [department of] state printing [.] and records division of the department of general services.

      Sec. 71.  NRS 385.140 is hereby amended to read as follows:

      385.140  The board may publish a bulletin as the official organ of the state department of education. The bulletin may be mimeographed, printed, or reproduced by any other method in the [department of] state printing [,] and records division of the department of general services, within the funds available for such purpose.

      Sec. 72.  NRS 396.436 is hereby amended to read as follows:

      396.436  The board of regents shall cause perpetual inventory records and controls to be maintained for all equipment, materials and supplies stored or used by or belonging to the university or its departments. Copies of current inventory records and controls shall be delivered to the chief of the purchasing division of the department of [administration,] general services, and such copies shall satisfy the requirements of NRS 333.200.

      Sec. 73.  NRS 407.057 is hereby amended to read as follows:

      407.057  1.  The system shall maintain its headquarters office at Carson City, Nevada.

      2.  The system may maintain such district or branch offices throughout the state as the administrator may deem necessary to the efficient operation of the system and the various sections thereof. The administrator is hereby authorized, on behalf of the system, to enter into such leases or other agreements as may be necessary to the establishment of such district or branch offices. Such leases or agreements shall be executed in cooperation with the buildings and grounds division of the department of [administration] general services and in accordance with the provisions of NRS 331.110.

      Sec. 74.  NRS 408.230 is hereby amended to read as follows:

      408.230  The superintendent of the [department of] state printing and records division of the department of general services shall prepare and furnish such stationery and printing, including all such reports, statistics, forms, instruments and accounts as may be necessary for the use of the department and its offices upon the requisition of the engineer. Charges and payments for such shall be made as provided in NRS 344.110.

      Sec. 75.  NRS 458.080 is hereby amended to read as follows:

      458.080  The alcoholism division may:

      1.  By contracting with organized groups, render partial financial assistance in the operation of treatment and rehabilitation facilities established by these groups. Each such contract shall contain a provision allowing the fiscal analyst to perform an audit of all accounts, books and other financial records of the organization with which the agency contracts.


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ê1973 Statutes of Nevada, Page 1475 (Chapter 727, AB 242)ê

 

allowing the fiscal analyst to perform an audit of all accounts, books and other financial records of the organization with which the agency contracts.

      2.  Aid such established rehabilitation centers in the procurement of supplies and equipment and act as receiving agent for such centers in the procurement of government surplus from the purchasing division of the department of [administration.] general services.

      Sec. 76.  NRS 463.028 is hereby amended to read as follows:

      463.028  1.  The commission shall keep its main office at Carson City, Nevada, in conjunction with the board in rooms provided by the buildings and grounds division of the department of [administration.] general services.

      2.  The commission may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this state, in space to be provided by the buildings and grounds division.

      Sec. 77.  NRS 463.100 is hereby amended to read as follows:

      463.100  1.  The board shall keep its main office at Carson City, Nevada, in conjunction with the commission in rooms provided by the buildings and grounds division of the department of [administration.] general services.

      2.  The board may, in its discretion, maintain a branch office in Las Vegas, Nevada, or at any other place in this state, in space to be provided by the buildings and grounds division.

      Sec. 78.  NRS 481.055 is hereby amended to read as follows:

      481.055  1.  The department shall keep its main office at Carson City, Nevada, in rooms provided by the buildings and grounds division of the department of [administration.] general services.

      2.  The department may maintain such branch offices throughout the state as the director may deem necessary to the efficient operation of the department and the various divisions thereof. The director is authorized, on behalf of the department, to enter into such leases or other agreements as may be necessary to the establishment of such branch offices.

      Sec. 79.  NRS 501.341 is hereby amended to read as follows:

      501.341  1.  The headquarters office of the department shall be maintained at Reno. Other offices may be established throughout the state in number and location as will, in the opinion of the director, provide an efficient departmental operation.

      2.  The director may enter into such leases and other agreements as may be necessary for the establishment of such offices. Such leases shall be executed with the assistance of the buildings and grounds division of the department of [administration] general services as provided by law.

      Sec. 80.  NRS 553.090 is hereby amended to read as follows:

      553.090  The agricultural extension department of the public service division of the University of Nevada System annually shall prepare the information resulting from such demonstration in a form serviceable to aid and advance agricultural welfare of the state. Such number of copies thereof as may be deemed necessary, not exceeding 10,000, shall be printed by the [department of] state printing and records division of the department of general services for free distribution.


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ê1973 Statutes of Nevada, Page 1476 (Chapter 727, AB 242)ê

 

      Sec. 81.  NRS 561.235 is hereby amended to read as follows:

      561.235  1.  The department shall maintain its headquarters office at Reno, Nevada.

      2.  The department may maintain such district or branch offices throughout the state as the executive director may deem necessary to the efficient operation of the department and the various divisions thereof. The executive director is hereby authorized, on behalf of the department, to enter into such leases or other agreements as may be necessary to the establishment of such district or branch offices. Such leases or agreements shall be executed in cooperation with the buildings and grounds division of the department of [administration] general services and in accordance with the provisions of NRS 331.110.

      Sec. 82.  NRS 584.235 is hereby amended to read as follows:

      584.235  The commissioner of food and drugs shall make uniform rules and regulations for the proper enforcement of NRS 584.215 to 584.285, inclusive, and the same shall be printed in the [department of] state printing and records division of the department of general services and distributed by the commissioner of food and drugs upon application therefor to licensed or other dairymen, creameries and other persons interested in the same.

      Sec. 83.  NRS 598.030 is hereby amended to read as follows:

      598.030  1.  As used in this section and in sections 2 and 3 of [this act:] Senate Bill No. 334 of the 57th session of the legislature:

      (a) “Merchandise” means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.

      (b) “Merchant” means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchant’s premises.

      (c) “Premises” means any establishment or part thereof wherein merchandise is displayed, held or offered for sale.

      2.  Any merchant may request any individual on his premises to place or keep in full view any merchandise such individual may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant shall be criminally or civilly liable on account of having made such a request.

      3.  Any merchant who has reason to believe that merchandise has been wrongfully taken by an individual and that he can recover such merchandise by taking such individual into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the individual into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. Such taking into custody and detention by a merchant shall not render such merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless such taking into custody and detention are unreasonable under all the circumstances.

      4.  No merchant shall be entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:


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ê1973 Statutes of Nevada, Page 1477 (Chapter 727, AB 242)ê

 

       Any merchant or his agent who has reason to believe that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of recovering the property or notifying a peace officer. An adult or the parents or legal guardian of a minor, who steals merchandise is civilly liable for its value and additional damages. NRS 598.030 and sections 2 and 3 of [this act.] Senate Bill No. 334 of the 57th session of the legislature.

 

Such notice shall be prepared and copies thereof supplied on demand by the superintendent of the [department of] state printing [.] and records division of the department of general services. The superintendent [of the department of state printing shall be entitled to] may charge a fee based on cost for each copy of such notice supplied to any person.

      Sec. 84.  NRS 607.090 is hereby amended to read as follows:

      607.090  All forms, blanks, envelopes, letterheads, circulars, bulletins and reports required to be printed by the labor commissioner shall be printed by the [department of] state printing and records division of the department of general services as required by the provisions of chapter 344 of NRS.

      Sec. 85.  NRS 607.100 is hereby amended to read as follows:

      607.100  With the approval of the state board of examiners, the labor commissioner is authorized to compile and issue such bulletins pertaining to labor and industries of the state as he may deem necessary. When approved for printing and distribution, such bulletins shall be printed by the [department of] state printing [.] and records division of the department of general services.

      Sec. 86.  NRS 616.215 is hereby amended to read as follows:

      616.215  Except in cases of emergency, all necessary printing, including forms, blanks, envelopes, letterheads, circulars, pamphlets, bulletins and reports required to be printed by the commission shall be done by the [department of] state printing [.] and records division of the department of general services.

      Sec. 87.  NRS 626.240 is hereby amended to read as follows:

      626.240  1.  The inspector of mines shall prescribe a form of license to be issued by the district examining boards.

      2.  Within the provisions of chapter 344 of NRS, the superintendent of the [department of] state printing and records division of the department of general services shall:

      (a) Supply the forms required by the inspector of mines.

      (b) Furnish such other printed matter in quantities required to carry out the provisions of this chapter.

      Sec. 88.  NRS 673.0354 is hereby amended to read as follows:

      673.0354  Upon request of the commissioner, the buildings and grounds division of the department of [administration] general services shall assign and make available to the commissioner and the board suitable and convenient rooms or space for their use.

      Sec. 89.  NRS 703.120 is hereby amended to read as follows:

      703.120  The commission shall keep its office at Carson City, Nevada, in rooms provided by the buildings and grounds division of the department of [administration.] general services.


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ê1973 Statutes of Nevada, Page 1478 (Chapter 727, AB 242)ê

 

      Sec. 90.  NRS 703.200 is hereby amended to read as follows:

      703.200  Except in cases of emergency, all the necessary printing of the commission shall be done by the [department of] state printing [.] and records division of the department of general services. The superintendent of [the department of state printing] that division shall have such printing done as expeditiously as possible.

      Sec. 91.  NRS 242.070, 331.030, 333.070 and 482.145 are hereby repealed.

      Sec. 92.  The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or which is further amended or added by another act:

      1.  If reference is made to the department of administration, retain such reference or substitute a reference to the department of general services, according to the function involved.

      2.  If reference is made to the department of state printing, substitute a reference to the state printing and records division of the department of general services.

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

      4.  Appropriately correct any other reference to an agency whose name has been changed or to an officer whose office has been abolished by this act, according to the disposition under this act of the function involved.

      Sec. 93.  1.  Sections 17 and 32 of this act shall not become effective if Assembly Bill 601 of the 57th session of the Nevada legislature becomes law.

      2.  Section 17.5 of this act shall not become effective if Assembly Bill 601 of the 57th session of the Nevada legislature does not become law.

      3.  Section 19 of this act shall not become effective if Senate Bill 390 of the 57th session of the Nevada legislature becomes law.

      4.  Section 19.5 of this act shall not become effective if Senate Bill 390 of the 57th session of the Nevada legislature does not become law.

      5.  Sections 30 and 31 of this act shall not become effective if Senate Bill 617 of the 57th session of the Nevada legislature becomes law.

      6.  Sections 30.5 and 31.5 of this act shall not become effective if Senate Bill 617 of the 57th session of the Nevada legislature does not become law.

      7.  Sections 38 and 39 of this act shall not become effective if Senate Bill 389 of the 57th session of the Nevada legislature becomes law.

      8.  Sections 38.5 and 39.5 of this act shall not become effective if Senate Bill 389 of the 57th session of the Nevada legislature does not become law.

      9.  Section 51 of this act shall not become effective if Assembly Bill 770 of the 57th session of the Nevada legislature becomes law.

      10.  Section 51.5 of this act shall not become effective if Assembly Bill 770 of the 57th session of the Nevada legislature does not become law.

      11.  Section 52 of this act shall not become effective if Assembly Bill 769 of the 57th session of the Nevada legislature becomes law.


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ê1973 Statutes of Nevada, Page 1479 (Chapter 727, AB 242)ê

 

      12.  Section 52.5 of this act shall not become effective if Assembly Bill 769 of the 57th session of the Nevada legislature does not become law.

      13.  Section 75 of this act shall not become effective if Senate Bill 590 of the 57th session of the Nevada legislature becomes law.

      Sec. 94.  This act shall become effective at 12:03 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 728, AB 298

Assembly Bill No. 298–Committee on Government Affairs

CHAPTER 728

AN ACT relating to the state government; providing for the appointment of the inspector of mines by the Nevada industrial commission; expanding the jurisdiction of the department of industrial safety; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 281.010 is hereby amended to read as follows:

      281.010  1.  The following officers shall be elected:

      (a) A governor.

      (b) A lieutenant governor.

      (c) Two United States Senators.

      (d) The number of members of the House of Representatives of the United States to which this state may be entitled.

      (e) The number of presidential electors to which this state may be entitled.

      (f) Five justices of the supreme court.

      (g) District judges, as provided in NRS 3.010.

      (h) Senators and members of the assembly.

      (i) A secretary of state.

      (j) A state treasurer.

      (k) A state controller.

      (l) An attorney general.

      (m) [An inspector of mines.

      (n)] Other officers whose elections are provided for by law.

      [(o)] (n) For each county, and the equivalent officers for Carson City:

             (1) One county clerk, who shall be ex officio clerk of the board of county commissioners and clerk of the district court of his county.

             (2) One sheriff.

             (3) One district attorney.

             (4) One public administrator, except where otherwise provided by law.

             (5) One county assessor, except where otherwise provided by law.

             (6) One county treasurer, except where otherwise provided by law.

             (7) The number of county commissioners as provided by law.

             (8) One county recorder, who shall be ex officio county auditor in counties having a population of less than 100,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.


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ê1973 Statutes of Nevada, Page 1480 (Chapter 728, AB 298)ê

 

counties having a population of less than 100,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

             (9) Justices of the peace.

             (10) Constables, except where otherwise provided by law.

      2.  The following officers shall be appointed:

      (a) Notaries public.

      (b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.

      (c) All officers who are not elected.

      Sec. 2.  NRS 512.020 is hereby amended to read as follows:

      512.020  1.  The inspector of mines shall not at the time of his [election,] appointment, or at any time during the term of his office, be an officer, director or employee in or of any mining corporation in this state, or in or of any milling corporation in the state engaged in the business of smelting or reducing ores.

      2.  The inspector of mines shall have had at least 7 years’ experience in mines, mills, beneficiation plants or smelters, at least 3 years of which shall be in underground mining.

      Sec. 3.  NRS 512.030 is hereby amended to read as follows:

      512.030  1.  The inspector of mines shall be [elected every 4 years at the same time and in the same manner as other officers of the executive department of the State of Nevada are elected.] appointed by the Nevada industrial commission.

      2.  He shall: [hold his office for the term of 4 years, or until his successor is elected and qualified.]

      (a) Serve at the pleasure of such commission; and

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

      Sec. 4.  NRS 618.180 is hereby amended to read as follows:

      618.180  1.  The department of industrial safety shall have full power, jurisdiction and authority over all employments: [not within the jurisdiction of the inspector of mines or the public service commission of Nevada:]

      (a) To declare and prescribe what safety devices, safeguards or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by law or lawful order.

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

      (c) To fix and order such reasonable standards for the construction, repair and maintenance of places of employment as shall render them safe.

      (d) To require the performance of any other act which the protection of the lives and safety of employees in employments and places of employment may reasonably demand.

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


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ê1973 Statutes of Nevada, Page 1481 (Chapter 728, AB 298)ê

 

the department in establishing standards of safety, and the department may adopt and incorporate in its general orders such safety recommendations as it may receive from such advisers.

      2.  Nothing in this section shall be construed to invest the department of industrial safety with any power, jurisdiction and authority over motor vehicles operating on the public highways.

      Sec. 5.  Section 4 of this act shall not become effective if section 78 of Senate Bill 629 of the 57th session of the Nevada legislature becomes law.

      Sec. 6.  This act shall become effective at 12:01 a.m. on July 1, 1973, for the purpose of precluding the nomination or election of an inspector of mines at the general election in 1974, and shall become effective for all other purposes on the 1st Monday of January 1975.

 

________

 

 

CHAPTER 729, AB 301

Assembly Bill No. 301–Committee on Commerce

CHAPTER 729

AN ACT relating to consumer protection; creating the consumer affairs division of the department of commerce; regulating deceptive trade practices; providing injunctive relief; providing a method of voluntary compliance; providing for notice; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 30, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 232.230 is hereby amended to read as follows:

      232.230  1.  The department of commerce is hereby created.

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

      (a) Banking division.

      (b) Consumer affairs division.

      (c) Insurance division.

      [(c)](d) Real estate division.

      [(d)](e) Savings and loan division.

      Sec. 1.5.  NRS 232.230 is hereby amended to read as follows:

      232.230  1.  The department of commerce is hereby created.

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

      (a) Banking division.

      (b) Consumer affairs division.

      (c) Insurance division.

      [(c)](d) Real estate division.

      [(d)](e) Savings and loan division.

      [(e)](f) State fire marshal division.

      Sec. 2.  NRS 232.250 is hereby amended to read as follows:

      232.250  The director shall:

      1.  Appoint, with the consent of the governor, a chief of each of the divisions of the department.


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ê1973 Statutes of Nevada, Page 1482 (Chapter 729, AB 301)ê

 

divisions of the department. In making such appointments, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and shall make such appointments after consultation with and concurrence of such organizations. The chief of the banking division shall be known as the superintendent of banks, the chief of the consumer affairs division shall be known as the commissioner of consumer affairs, the chief of the insurance division shall be known as the commissioner of insurance, the chief of the real estate division shall be known as the real estate administrator, and the chief of the savings and loan division shall be known as the commissioner of savings associations.

      2.  Be responsible for the administration, through the divisions of the department, of the provisions of Titles 55 to 57, inclusive, of NRS, chapter 645 of NRS, sections 4 to 32, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department.

      Sec. 2.5.  NRS 232.250 is hereby amended to read as follows:

      232.250  The director shall:

      1.  Appoint, with the consent of the governor, a chief of each of the divisions of the department. In making such appointments, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and shall make such appointments after consultation with and concurrence of such organizations. The chief of the banking division shall be known as the superintendent of banks, the chief of the consumer affairs division shall be known as the commissioner of consumer affairs, the chief of the insurance division shall be known as the commissioner of insurance, the chief of the real estate division shall be known as the real estate administrator, the chief of the savings and loan division shall be known as the commissioner of savings associations and the chief of the state fire marshal division shall be known as the state fire marshal.

      2.  Be responsible for the administration, through the divisions of the department, of the provisions of Title 55 to 57, inclusive, of NRS, chapter 645 of NRS, sections 4 to 32, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department.

      Sec. 3.  Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 32, inclusive, of this act.

      Sec. 4.  As used in sections 4 to 32, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 16, inclusive, of this act have the meanings ascribed to them in such sections.

      Sec. 5.  “Advertisement” means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation or to acquire any title or interest in any property.

      Sec. 6.  “Certification mark” means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.


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ê1973 Statutes of Nevada, Page 1483 (Chapter 729, AB 301)ê

 

      Sec. 7.  “Collective mark” means a mark used by members of a cooperative, association or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization.

      Sec. 8.  “Commissioner” means the commissioner of consumer affairs.

      Sec. 9.  A person engages in a “deceptive trade practice” when in the course of his business or occupation he:

      1.  Knowingly passes off goods or services as those of another.

      2.  Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services.

      3.  Knowingly makes a false representation as to affiliation, connection, association with or certification by another.

      4.  Uses deceptive representations or designations of geographic origin in connection with goods or services.

      5.  Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods or services or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith.

      6.  Represents that goods are original or new if he knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used or secondhand.

      7.  Represents that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if he knows or should know that they are of another.

      8.  Disparages the goods, services or business of another by false or misleading representation of fact.

      9.  Advertises goods or services with intent not to sell them as advertised.

      10.  Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.

      11.  Advertises under the guise of obtaining sales personnel when in fact the purpose is to first sell a product or service to the sales personnel applicant.

      12.  Makes false or misleading statements of fact concerning the price of goods or services, or the reasons for, existence of or amounts of price reductions.

      13.  Employs “bait and switch” advertising, which consists of an attractive but insincere offer to sell a product or service which the seller in truth does not intend or desire to sell, accompanied by one or more of the following practices:

      (a) Refusal to show the product advertised.

      (b) Disparagement in any material respect of the advertised product or the terms of sale.

      (c) Requiring tie-in sales or other undisclosed conditions to be met prior to selling the advertised product or service.

      (d) Refusal to take orders for the product advertised for delivery within a reasonable time.

      (e) Showing or demonstrating a defective product which is unusable or impractical for the purposes set forth in the advertisement.


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ê1973 Statutes of Nevada, Page 1484 (Chapter 729, AB 301)ê

 

      (f) Accepting a deposit for the product and subsequently switching the purchase order to a higher priced item.

      (g) Failure to make deliveries of the product within a reasonable time or to make a refund therefor.

      14.  Knowingly fails to identify flood-damaged or water-damaged goods as to such damages.

      15.  Solicits by telephone or door to door as a seller, unless the seller identifies himself, whom he represents and the purpose of his call within 30 seconds after beginning the conversation.

      16.  Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.

      Sec. 10.  “Mark” means a word, name, symbol, device or any combination of the foregoing in any form or arrangement.

      Sec. 11.  “Person” means an individual, corporation, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.

      Sec. 12.  “Property” means any real or personal property, or both real and personal property, intangible property or services.

      Sec. 13.  “Service mark” means a mark used by a person to identify services and to distinguish them from the services of others.

      Sec. 14.  “Sale” includes any sale, offer for sale or attempt to sell any property for any consideration.

      Sec. 15.  “Trademark” means a mark used by a person to identify goods and to distinguish them from the goods of others.

      Sec. 16.  “Trade name” means a word, name, symbol, device or any combination of the foregoing in any form or arrangement used by a person to identify his business or occupation, and to distinguish it from the business or occupation of others.

      Sec. 17.  1.  Evidence that a person has engaged in a deceptive trade practice is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.

      2.  The deceptive trade practices listed in section 9 of this act are in addition to and do not limit the types of unfair trade practices actionable at common law or defined as such in other statutes of this state.

      Sec. 18.  1.  Sections 4 to 32, inclusive, of this act do not apply to:

      (a) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental agency.

      (b) Publishers, including outdoor advertising media, advertising agencies, broadcasters or printers engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character.

      (c) Actions or appeals pending on July 1, 1973.

      2.  Sections 4 to 32, inclusive, of this act do not apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name or other trade identification which was used and not abandoned prior to July 1, 1973, if the use was in good faith and is otherwise lawful except for the provisions of sections 4 to 32, inclusive, of this act.


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ê1973 Statutes of Nevada, Page 1485 (Chapter 729, AB 301)ê

 

      Sec. 19.  When the commissioner has cause to believe that any person has engaged or is engaging in any deceptive trade practice, he may:

      1.  Request such person to file a statement or report in writing under oath or otherwise, on such forms as shall be prescribed by the commissioner, as to all facts and circumstances concerning the sale or advertisement of property by such person, and such other data and information as he may deem necessary.

      2.  Examine under oath any person in connection with the sale or advertisement of any property.

      3.  Examine any property or sample thereof, record, book, document, account or paper as he may deem necessary.

      4.  Make true copies, at the expense of the consumer affairs division of the department of commerce, of any record, book, document, account or paper examined, as provided in subsection 3 of this section, which copies may be offered into evidence in lieu of the originals thereof in actions brought pursuant to sections 21 and 22 of this act.

      5.  Pursuant to an order of any district court, impound any sample of property which is material to such deceptive trade practice and retain the property in his possession until completion of all proceedings as provided in sections 4 to 32, inclusive, of this act. An order shall not be issued pursuant to this subsection unless the commissioner and the court give the accused full opportunity to be heard and unless the commissioner proves by clear and convincing evidence that the business activities of the accused will not be impaired thereby.

      Sec. 20.  1.  The commissioner, in addition to other powers conferred upon him by this act, may issue subpenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of any investigation or inquiry and prescribe such forms and promulgate such rules as may be necessary to administer the provisions of this act.

      2.  Service of any notice or subpena shall be made as provided in N.R.C.P. 45(c).

      Sec. 21.  If any person fails to cooperate with any investigation, as provided in section 19 of this act, or if any person fails to obey a subpena issued by the commissioner, the commissioner may apply to any district court for equitable relief. Such application shall state reasonable grounds showing that such relief is necessary to terminate or prevent a deceptive trade practice. If the court is satisfied of such reasonable grounds, the court may:

      1.  Grant injunctive relief restraining the sale or advertisement of any property by such person.

      2.  Require the attendance of or the production of documents by such person, or both.

      3.  Grant other relief necessary to compel compliance by such person.

      Sec. 22.  1.  Notwithstanding the requirement of knowledge as an element of any practice enumerated in section 9 of this act as a deceptive trade practice, when the commissioner has cause to believe that a person has engaged or is engaging in any of the practices enumerated in section 9 of this act, knowingly or otherwise, he may apply for an injunction or temporary restraining order, as provided in N.R.C.P. 65, prohibiting such person from continuing such practices.


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ê1973 Statutes of Nevada, Page 1486 (Chapter 729, AB 301)ê

 

person from continuing such practices. The court may make orders or judgments necessary to prevent the use by such person of any such deceptive trade practice or to restore to any other person any money or property which may have been acquired by such deceptive trade practices.

      2.  Where the commissioner has the authority to institute a civil action or other proceeding, in lieu thereof or as a part thereof, he may accept an assurance of discontinuance of any deceptive trade practice. Such assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation and the costs of instituting the action or proceeding and for the voluntary restitution of any money or property acquired by deceptive trade practices. Except as provided in the next sentence, any such assurance of discontinuance accepted by the commissioner and any such stipulation filed with the court shall be confidential to the parties to such action or proceeding and to the court and its employees. Upon final judgment by the court that an injunction or a temporary restraining order, issued as provided in subsection 1 of this section, has been violated, an assurance of discontinuance has been violated or a person has engaged in the same deceptive trade practice as had previously been enjoined, the assurance of discontinuance or stipulation shall become a public record. Proof by a preponderance of evidence of a violation of such an assurance constitutes prima facie evidence of a deceptive trade practice for the purpose of any civil action or proceeding brought thereafter by the commissioner, whether a new action or a subsequent motion or petition in any pending action or proceeding.

      Sec. 23.  1.  Sections 4 to 32, inclusive, of this act do not prohibit the commissioner from disclosing to any district attorney or law enforcement officer the fact that a crime has been committed by any person, if this fact has become known as a result of any investigation conducted pursuant to the provisions of sections 4 to 32, inclusive, of this act.

      2.  Subject to the provisions of subsection 2 of section 22 of this act, the commissioner shall not make public the name of any person alleged to have committed a deceptive trade practice. This subsection does not prevent the commissioner from issuing public statements describing or warning of any course of conduct which constitutes a deceptive trade practice.

      Sec. 24.  1.  Prior to instituting any action pursuant to sections 25 to 31, inclusive, of this act, the district attorney shall ascertain whether or not the action in question is subject to the regulatory authority of any state agency, board, official or other authority established by virtue of the Nevada Revised Statutes except the regulatory or administrative authority provided to the commissioner of consumer affairs by sections 4 to 32, inclusive, of this act.

      2.  If such action is subject to such regulatory authority or any regulation duly adopted and promulgated or any statutes administered by any state regulatory agency, board, official or other authority as provided in subsection 1, the district attorney shall not institute any proceeding under sections 25 to 31, inclusive, of this act until such state agency, board, official or other state regulatory authority has had reasonable time to investigate or take any appropriate action with respect to the alleged facts.


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

ê1973 Statutes of Nevada, Page 1487 (Chapter 729, AB 301)ê

 

      3.  For the purposes of this section, a reasonable time has elapsed if no final action or other disposition is made of any matter otherwise falling within the provisions of sections 4 to 32, inclusive, of this act within 30 days after such matter is referred to or brought to the attention of any state agency, board, official or other regulatory authority except the commissioner of consumer affairs.

      4.  This section does not prohibit the district attorney of any county from filing an action pursuant to the provisions of sections 25 to 28, inclusive, of this act, if the referral of any matters subject to the provisions of this act to any state agency, board, official or other regulatory authority would cause immediate harm to the public of this state or endanger the public health, safety or welfare, and such facts are shown by affidavit or by verified complaint.

      Sec. 25.  Notwithstanding the requirement of knowledge as an element of any practice enumerated in section 9 of this act as a deceptive trade practice, and notwithstanding the enforcement powers granted to the commissioner pursuant to sections 4 to 32, inclusive, of this act, whenever the district attorney of any county has reason to believe that any person is using, has used or is about to use any of the practices enumerated in section 9 of this act, knowingly or otherwise, he may bring an action in the name of the State of Nevada against such person to obtain a temporary or permanent injunction against such deceptive trade practice.

      Sec. 26.  Except as otherwise provided in section 28 of this act, appropriate notice must be given by the district attorney to any person against whom an action is brought pursuant to section 25 of this act. Such notice must state generally the relief sought and be served in accordance with section 31 of this act at least 10 days prior to the filing of the action.

      Sec. 27.  Any action brought pursuant to section 22 or 25 of this act may be brought:

      1.  In a district court in the county in which the defendant resides or has his principal place of business;

      2.  In the district court in Carson City if the parties consent thereto; or

      3.  In the district court in any county where a deceptive trade practice has occurred. Any court in which an action is brought pursuant to section 22 or 25 of this act may issue any temporary or permanent injunction in accordance with the Nevada Rules of Civil Procedure to restrain and prevent any violation of any provisions of sections 4 to 32, inclusive, of this act, and such injunctions shall be issued without bond.

      Sec. 28.  Whenever the district attorney has reason to believe that the delay caused by complying with the notice requirement of section 26 of this act would cause immediate harm to the public of this state or endanger the public welfare, he may immediately institute a suit for injunctive relief, including a request for a temporary restraining order, upon proof of specific facts shown by affidavit or by verified complaint or otherwise that such immediate harm will be or is likely to be caused by such delay. The Nevada Rules of Civil Procedure pertaining to the issuance of temporary restraining orders govern all actions instituted pursuant to this section.

      Sec. 29.  The court in which an action is brought pursuant to section 22 and sections 25 to 28, inclusive, of this act may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practice which violates any of the provisions of sections 4 to 32, inclusive, of this act, but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred.


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ê1973 Statutes of Nevada, Page 1488 (Chapter 729, AB 301)ê

 

22 and sections 25 to 28, inclusive, of this act may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practice which violates any of the provisions of sections 4 to 32, inclusive, of this act, but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred.

      Sec. 30.  1.  In proceeding pursuant to sections 26 to 30, inclusive, of this act, the district attorney may accept an assurance of discontinuance with respect to any method, act or practice deemed to be a deceptive trade practice enumerated in section 9 of this act from any person who is engaged or is about to engage in such method, act or practice by following the procedures set forth in subsection 2 of section 22 of this act.

      2.  Any assurance made pursuant to subsection 1 shall be in writing and shall be filed with and subject to the approval of the district court in the county in which the alleged violator resides or has his principal place of business, or the district court in any county where any deceptive trade practice has occurred or is about to occur or the district court agreed to by the parties.

      3.  An assurance of discontinuance made pursuant to subsections 1 and 2 shall not be considered an admission of violation for any purpose, but is subject to the terms, limitations, and conditions of section 22 of this act.

      Sec. 31.  Service of any notice under sections 25 to 30, inclusive, of this act shall be made by personal service within the State of Nevada, but if such service cannot be obtained, substituted service therefor may be made in any of the following ways:

      1.  Personal service thereof outside the State of Nevada;

      2.  The mailing thereof by registered or certified mail to the last-known place of business, residence or both whether inside or outside the State of Nevada of such person for whom the notice is intended, in which event such service shall be deemed complete upon the third day following the mailing of any notice required under this section;

      3.  As to any person other than a natural person, service shall be in the manner provided in the Nevada Rules of Civil Procedure for completing service of process on such a person, corporation, association or organization; or

      4.  Such service as any district court may direct in lieu of personal service within the State of Nevada.

      Sec. 32.  1.  Any person who violates any court order or injunction issued pursuant to sections 4 to 31, inclusive, of this act, upon a complaint brought by the commissioner, the district attorney of any county of this state shall forfeit and pay to the general fund in the state treasury a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing any such order or injunction shall retain jurisdiction over any such action or proceeding. Such civil penalties shall be in addition to any other penalty or remedy available for the enforcement of the provisions of sections 4 to 31, inclusive, of this act.

      2.  In any action brought pursuant to sections 22 and 25 to 28, inclusive, of this act, if the court finds that any person has willfully engaged in a deceptive trade practice enumerated in section 9 of this act, the commissioner or the district attorney of any county in this state bringing such action may recover a civil penalty not to exceed $2,500 for each violation.


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

ê1973 Statutes of Nevada, Page 1489 (Chapter 729, AB 301)ê

 

a deceptive trade practice enumerated in section 9 of this act, the commissioner or the district attorney of any county in this state bringing such action may recover a civil penalty not to exceed $2,500 for each violation.

      3.  Any person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice enumerated in section 9 of this act shall be punished:

      (a) For the first or second offense, for a misdemeanor.

      (b) For the third offense and all subsequent offenses, for a gross misdemeanor.

      4.  As used in this section, the term “violation” includes a repetitive or continuous violation arising out of the same act.

      Sec. 33.  1.  Sections 1 and 2 of this act shall not become effective if sections 41 and 42 of Assembly Bill 944 of the 57th session of the Nevada legislature becomes law.

      2.  Sections 1.5 and 2.5 of this act shall not become effective if sections 41 and 42 of Assembly Bill 944 of the 57th session of the Nevada legislature does not become law.

      Sec. 34.  This act shall become effective at 12:02 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 730, AB 416

Assembly Bill No. 416–Messrs. Barengo, Hayes, Ullom, Wittenberg and Huff

CHAPTER 730

AN ACT relating to criminal appeals; eliminating interlocutory appeals from certain orders of the district court; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 177.015 is hereby amended to read as follows:

      177.015  1.  The party aggrieved in a criminal action, whether that party be the state or the defendant, may appeal only as follows:

      (a) To the district court of the county from a final judgment of the justice’s court.

      (b) To the supreme court from [:

             (1) An] an order of the district court granting a motion to dismiss, a motion for acquittal or a motion in arrest of judgment, or granting or refusing a new trial.

             [(2) Upon good cause shown, any pretrial order of the district court granting or denying a motion to suppress evidence made pursuant to NRS 174.125. Notice of such appeal shall be filed with the clerk of the district court within 2 judicial days and with the clerk of the supreme court within 5 judicial days after the ruling by the district court. The clerk of the district court shall notify counsel for the other party, or in the case of a defendant without counsel, the defendant, within 2 judicial days of the filing of the notice of appeal. The supreme court may establish such procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of such appeal and whether there may be a miscarriage of justice if such appeal is not entertained.


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ê1973 Statutes of Nevada, Page 1490 (Chapter 730, AB 416)ê

 

procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of such appeal and whether there may be a miscarriage of justice if such appeal is not entertained. If the supreme court entertains the appeal, or if it otherwise appears necessary, it may enter an order staying the trial for such period of time as may be required. Failure to file or the filing of such an appeal by a defendant shall not operate as a waiver of the right of such defendant to raise the issue upon an appeal from a final judgment.]

      2.  The defendant only may appeal from a final judgment or verdict in a criminal case.

      Sec. 2.  (Deleted by amendment.)

 

________

 

 

CHAPTER 731, AB 430

Assembly Bill No. 430–Mr. Lowman

CHAPTER 731

AN ACT relating to debt adjusting; regulating the business of persons and firms so engaged; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  Title 56 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 36, 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 10, inclusive, of this act have the meanings assigned to them in such sections.

      Sec. 3.  “Contract” means any agreement entered into under this chapter by a licensee and a debtor for the stated purpose of debt adjusting.

      Sec. 4.  “Creditor” means a person for whose benefit moneys are being collected and disbursed by the licensee.

      Sec. 5.  “Debt adjustment” means the making of a contract or the performance thereunder, under whatever name, whereby a person, firm, company or corporation undertakes, for a consideration, the scheduled receipt of a debtor’s moneys or evidences thereof for the purpose of distribution among certain specified creditors in payment or partial payment of the debtor’s obligations.

      Sec. 6.  “Debtor” means a person from whom moneys are being accepted for disbursement to creditors.

      Sec. 7.  “License” means a license issued under the provisions of this chapter.

      Sec. 8.  “Licensee” means any person, firm, company or corporation who is licensed under this chapter.

      Sec. 9.  “Office” means each location by street number, building number, city and state where the business of debt adjusting is conducted.

      Sec. 10.  “Superintendent” means the superintendent of banks.


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

ê1973 Statutes of Nevada, Page 1491 (Chapter 731, AB 430)ê

 

      Sec. 11.  This chapter does not apply to any of the following while they are engaged in the regular course of their properly licensed business or profession:

      1.  Attorneys at law.

      2.  Banks, fiduciaries or financing and lending institutions.

      3.  Title insurance companies.

      4.  Employees of licensees under this chapter.

      5.  Judicial officers or others acting under court orders.

      6.  Nonprofit religious, fraternal or cooperative organizations offering debt adjustment service for their members exclusively.

      7.  Nonprofit corporations organized to render financial planning service to the public.

      Sec. 12.  No person, firm, company or corporation may engage in the business of debt adjusting except as provided in and authorized by this chapter, and without first having obtained a license from the superintendent.

      Sec. 13.  1.  Application for a license shall be in writing, under oath and in the form prescribed by the superintendent.

      2.  The application shall:

      (a) Give the business name, location of the office, names and addresses of all officers and directors, if a corporation or association, and names and addresses of partners, if a copartnership.

      (b) Be accompanied by a copy of the fictitious name certificate or the articles of incorporation, where applicable.

      (c) Contain such further relevant information as the superintendent may require.

      Sec. 14.  At the time of making the application, the applicant shall:

      1.  Pay to the superintendent the sum of $100 as a fee for investigation of the application and the sum of $200 as a license fee for each office, which shall satisfy the fee requirement for the period ending on the last day of the current calendar year.

      2.  Furnish and maintain in effect a satisfactory bond to the State of Nevada, duly executed by an admitted surety company approved by the superintendent, in the amount of $10,000, conditioned upon the faithful accounting of all moneys collected upon accounts and entrusted to the licensee, or its employees or agents.

      3.  Provide a blank copy of the debt-adjustment contract which will be used by the licensee in its business.

      Sec. 15.  Upon the filing of the application and the payment of fees, the superintendent shall investigate the facts concerning the application and the requirements provided for in section 16 of this act.

      Sec. 16.  If the superintendent finds that:

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

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

he shall issue and deliver a license to the applicant.


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ê1973 Statutes of Nevada, Page 1492 (Chapter 731, AB 430)ê

 

      Sec. 17.  1.  On or before December 1 of each year, each licensee may apply to the superintendent for a renewal of its license.

      2.  The application shall be on the form prescribed by the superintendent and shall be accompanied by a fee of $200 and a bond, as in the case of the original application.

      Sec. 18.  All fees and charges collected under the provisions of this chapter shall be paid into the general fund in the state treasury.

      Sec. 19.  Each license, as renewed, shall remain in force until surrendered, suspended or revoked as provided in this chapter.

      Sec. 20.  Each license shall be kept conspicuously posted in the licensed place of business.

      Sec. 21.  Licenses may not be transferred or assigned.

      Sec. 22.  Not more than one office may be maintained under the same license. The superintendent may issue additional licenses to the same licensee for other offices upon compliance with the provisions of this chapter governing issuance of a single license.

      Sec. 23.  Any licensee may surrender any license by delivering it to the superintendent with written notice of its surrender, but such surrender shall not affect any civil or criminal liability for acts committed prior thereto.

      Sec. 24.  1.  For the purpose of discovering violations of this chapter or of securing information lawfully required under this chapter, the superintendent or his duly authorized representative may at any time and shall, at least once each year, investigate the business and examine the books, accounts, papers and records of any licensee.

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

      3.  For each examination the superintendent shall charge and collect from the licensee a fee of $7.50 for each man hour expended in conducting the examination and in preparing and typing the examination report, but the total fee shall not exceed $300 for any regular examination or investigation unless some irregularity is disclosed during the course of such regular examination warranting special or additional investigation or examination. If such irregularity is disclosed, the licensee shall pay for the additional investigation required by reason of such irregularity at the rate of $7.50 for each man hour so required.

      Sec. 25.  1.  The superintendent may require the attendance of any person and examine him under oath with regard to the debt adjustment business regulated by this chapter or the subject matter of any examination, investigation or hearing.

      2.  The superintendent may require the production of books, accounts, papers and records in aid of any examination, investigation or hearing.

      Sec. 26.  1.  The superintendent may, pursuant to the procedure provided in this chapter, deny, suspend or revoke any license for which application has been made or which has been issued under the provisions of this chapter if he finds, as to the licensee, its associates, directors or officers, grounds for such action.

      2.  Any one of the following grounds may provide the requisite grounds for such denial, suspension or revocation:


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

ê1973 Statutes of Nevada, Page 1493 (Chapter 731, AB 430)ê

 

      (a) Conviction of a felony or of a misdemeanor involving moral turpitude.

      (b) Violation of any of the provisions of this chapter or rules and regulations of the superintendent.

      (c) Fraud or deceit in procuring the issuance of the license.

      (d) Continuous course of unfair conduct.

      (e) Insolvency, filing in bankruptcy, receivership or assigning for the benefit of creditors by any licensee or applicant for a license under this chapter.

      Sec. 27.  If the superintendent finds that any one of the requisite grounds for denial, suspension or revocation of the license exists and that the enforcement of this chapter requires the immediate suspension of such license, he may, upon 5 days’ written notice and a hearing, enter an order suspending such license for a period not exceeding 20 days, pending the holding of a hearing as prescribed in section 28 of this act.

      Sec. 28.  1.  The superintendent may, following a notice and hearing as provided by NRS 233B.121, enter an order:

      (a) Denying a license to any applicant who fails to establish, at such hearing, its financial responsibility, experience, character and general fitness to engage in debt adjusting; or

      (b) Revoking the license of a licensee who fails to overcome, at such hearing, the probable cause for such revocation found by the superintendent.

      2.  The denial, suspension or revocation of a license, as provided in this chapter, shall not impair nor affect the obligation under any lawful debt-adjusting contract.

      Sec. 29.  Each licensee shall:

      1.  Open and maintain a separate trust account in a state bank or national bank doing business in this state. All moneys received from debtors for the benefit of creditors shall be deposited in, and all payments to creditors shall be disbursed from, this account.

      2.  Keep and use such books and accounting records as are in accord with sound and accepted accounting practices.

      3.  Maintain a separate record or ledger card for the account of each debtor, showing the amount of moneys received from and disbursed on behalf of each debtor.

      4.  Maintain a separate record, in a form approved by the superintendent, or ledger card for each creditor, identifying the particular debtor-source of moneys and showing the amount of moneys disbursed in accordance with the appropriate debt-adjustment contract.

      5.  Preserve all such books and accounting records for at least 7 years after making the final entry therein.

      Sec. 30.  1.  Annually, on or before April 15, each licensee shall file with the superintendent a report of operations of the licensed business for the preceding calendar year.

      2.  Such report shall give information with respect to the financial operations of the licensee.

      3.  Such reports shall be made under oath and shall be in the form prescribed by the superintendent.

      Sec. 31.  1.  Every debt-adjustment transaction shall be based upon a debt-adjustment contract entered into by the licensee and debtor under the provisions of this chapter.


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

ê1973 Statutes of Nevada, Page 1494 (Chapter 731, AB 430)ê

 

the provisions of this chapter. A blank form of such contract shall accompany each application for a license or renewal thereof.

      2.  The contract, an executed copy of which shall be delivered to the debtor, shall:

      (a) List all the debtor’s obligations to be adjusted.

      (b) Enumerate by name and address all the creditors holding such obligations.

      (c) State the total charges agreed upon as the fee for the services of the licensee.

      (d) Provide that upon the written consent of the debtor, additional obligations to be adjusted may be added subsequent to the date of the contract upon the same terms and conditions and at the same rate of charge as in such contract.

      (e) Indicate the beginning and expiration dates of the contract, which, in no case, may encompass a period longer than 36 months.

      (f) Provide that the debtor may terminate his obligations thereunder without penalty upon the payment of the charges allowed under section 32 of this act and agreed upon by the terms of this contract.

      Sec. 32.  1.  Licensees shall be allowed such fees as are clearly stated in the contract.

      2.  Such fees may include:

      (a) An initial retainer fee of $25, which need not be amortized.

      (b) A service fee, which shall be amortized equally, each month, over the length of the contract, but no more than one monthly amortization shall be applied to the debtor’s account as charges for any particular month, unless prepayment is being made.

      (c) A fee of 50 cents per check issued in payment of all nonterminal indebtedness.

      3.  The total amount of fees received by a licensee under any particular contract, exclusive of the retainer fee, may not exceed 15 percent of the listed terminal indebtedness. Terminal indebtedness shall not be construed to mean indebtedness on a residence or other expenses normally incurred in maintaining a residence.

      4.  If the debtor chooses at any time to satisfy the total indebtedness listed in the contract before the expiration of the contract, the licensee may charge and shall be limited to a fee of not more than 7 percent of the then-remaining balance of indebtedness listed in the contract.

      5.  No fee other than the initial retainer fee may be charged until the licensee has secured the consent of creditors:

      (a) Constituting more than 50 percent of the total number of creditors enumerated in the contract; and

      (b) Holding more than 50 percent of the total amount of indebtedness listed in the contract.

      Sec. 33.  Each licensee shall:

      1.  Make remittances to creditors within 10 days after receipt of the monthly remittance from the debtor.

      2.  Furnish a written statement of account to the debtor at least once every 90 days. If the licensee has been doing business for more than 1 year, the superintendent may waive the requirement of this subsection as he shall determine.


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ê1973 Statutes of Nevada, Page 1495 (Chapter 731, AB 430)ê

 

      3.  Provide account information to the debtor verbally when requested during normal business hours.

      Sec. 34.  It is unlawful for a licensee to:

      1.  Purchase from a creditor any obligation of a debtor.

      2.  Operate as a collection agent and as a licensee as to any one debtor’s account.

      3.  Execute any contract or agreement to be signed by the debtor unless the contract or agreement is fully and completely filled in and finished.

      4.  Receive or charge any fee in the form of a promissory note or other promise to pay, or receive or accept any mortgage or other security for any fee, either as to real or personal property.

      5.  Pay any bonus or other consideration to any person for the referral of a debtor to its business, nor shall it accept or receive any bonus, commission or other consideration for referring any debtor to any person for any reason.

      6.  Advertise its services, display, distribute, broadcast or televise or permit to be displayed, advertised, distributed, broadcast or televised its services in any manner whatsoever whereby any false, misleading or deceptive statement or representation with regard to the services to be performed by the licensee or the charges to be made therefor is made.

      Sec. 35.  Any person and the several members, officers, directors, agents and employees of any firm, company or corporation who engage in the business of debt adjusting without the license required by this act are guilty of a misdemeanor.

      Sec. 36.  Any person and the several members, officers, directors and employees of any firm, company or corporation who violate any provision of this chapter are guilty of a misdemeanor.

      Sec. 37.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 732, AB 511

Assembly Bill No. 511–Mesdames Gojack and Ford

CHAPTER 732

AN ACT relating to guide dogs; clarifying the right of visually handicapped persons to use guide dogs without restraint; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 426.630 is hereby amended to read as follows:

      426.630  As used in section 2 of this act and NRS 426.630 to 426.720, inclusive, unless the context otherwise requires:

      1.  “Blind person” means any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.


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

ê1973 Statutes of Nevada, Page 1496 (Chapter 732, AB 511)ê

 

      2.  “Division” means the services to the blind division of the department of health, welfare and rehabilitation.

      3.  “Operator” means the individual blind person responsible for the day-to-day conduct of the vending stand operation.

      4.  “Public building” or “property” means any building, land or other real property, owned, leased or occupied by any department or agency of the State of Nevada or any of its political subdivisions except public elementary and secondary schools, the University of Nevada System and the Nevada state park system.

      5.  “Vending stand” means:

      (a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles as may be approved by the division and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;

      (b) Manual or coin-operated vending machines or similar devices for vending such articles, operated in a particular building, even though no person is physically present on the premises except to service the machines;

      (c) Cafeteria or snack bar facilities for the dispensing of foodstuffs and beverages; or

      (d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages.

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

      Blind persons who operate a vending stand under the provisions of NRS 426.630 to 426.720, inclusive, may keep a guide dog with them at all times on the premises where such vending stand is located.

      Sec. 3.  NRS 613.330 is hereby amended to read as follows:

      613.330  1.  It is an unlawful employment practice for an employer:

      (a) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual’s race, color, religion, sex, physical or visual handicap or national origin; or

      (b) To limit, segregate or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, physical or visual handicap or national origin.

      2.  It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, physical or visual handicap or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, physical or visual handicap or national origin.

      3.  It is an unlawful employment practice for a labor organization:


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

ê1973 Statutes of Nevada, Page 1497 (Chapter 732, AB 511)ê

 

      (a) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, physical or visual handicap or national origin;

      (b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, physical or visual handicap or national origin; or

      (c) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.

      4.  It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of his race, color, religion, sex, physical or visual handicap or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

      5.  It is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against the physically or visually handicapped by interfering, directly or indirectly, with the use of an aid or appliance, including guide dogs, by such [physical] physically or visually handicapped individual.

      6.  It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit a visually handicapped employee to keep his guide dog with him at all times in his place of employment if such dog is specially trained by a guide dog school approved by the division.

      Sec. 3.5.  NRS 613.330 is hereby amended to read as follows:

      613.330  1.  It is an unlawful employment practice for an employer:

      (a) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual’s race, color, religion, sex, age, physical or visual handicap or national origin; or

      (b) To limit, segregate or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, age, physical or visual handicap or national origin.

      2.  It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, age, physical or visual handicap or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, age, physical or visual handicap or national origin.

      3.  It is an unlawful employment practice for a labor organization:


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

ê1973 Statutes of Nevada, Page 1498 (Chapter 732, AB 511)ê

 

      (a) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, age, physical or visual handicap or national origin;

      (b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, age, physical or visual handicap or national origin; or

      (c) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.

      4.  It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of his race, color, religion, sex, age, physical or visual handicap or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

      5.  It is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against the physically or visually handicapped by interfering, directly or indirectly, with the use of an aid or appliance, including guide dogs, by such [physical] physically or visually handicapped individual.

      6.  It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit a visually handicapped employee to keep his guide dog with him at all times in his place of employment if such dog is specially trained by a guide dog school approved by the division.

      Sec. 4.  NRS 613.405 is hereby amended to read as follows:

      613.405  1.  Any person injured by an unfair employment practice within the scope of NRS 613.310 to 613.400, inclusive, may file a complaint to that effect with:

      (a) The Nevada commission on equal rights of citizens if the complaint is based on discrimination because of race, color, religion or national origin.

      (b) The labor commissioner if the complaint is based on discrimination because of sex [.] or a visual or physical handicap.

      2.  The Nevada commission on equal rights of citizens may initiate its own investigation of any such practice which is based on discrimination because of race, color, religion or national origin, and the labor commissioner may initiate his own investigation of any such practice which is based on discrimination because of sex [.] or a visual or physical handicap.

      Sec. 4.5.  NRS 613.405 is hereby amended to read as follows:

      613.405  1.  Any person injured by an unfair employment practice within the scope of NRS 613.310 to 613.400, inclusive, may file a complaint to that effect with:


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

ê1973 Statutes of Nevada, Page 1499 (Chapter 732, AB 511)ê

 

      (a) The Nevada commission on equal rights of citizens if the complaint is based on discrimination because of race, color, religion or national origin.

      (b) The labor commissioner if the complaint is based on discrimination because of sex or age [.] or a visual or physical handicap.

      2.  The Nevada commission on equal rights of citizens may initiate its own investigation of any such practice which is based on discrimination because of race, color, religion or national origin, and the labor commissioner may initiate his own investigation of any such practice which is based on discrimination because of sex or age [.] or a visual or physical handicap.

      Sec. 5.  NRS 651.075 is hereby amended to read as follows:

      651.075  [No] 1.  It is unlawful for a place of public accommodation [may:

      1.]  to:

      (a) Refuse service to a visually handicapped person because he is accompanied by a guide dog; or

      [2.]  (b) Charge an additional fee for such guide dog. [unless the dog requires additional space or service.

Any extra charge shall be reasonable and based on the cost of the extra space and services actually provided. Any arbitrary, capricious, or unreasonable imposition of such extra charge, when additional space or services are not reasonably necessary for the accommodation of a guide dog, is deemed a refusal of service.]

      2.  A place of accommodation may require proof that a dog is a guide dog. Such requirement may be satisfied, by way of example and not of limitation, by exhibition of the identification card normally presented to a visually handicapped person upon his graduation from a guide dog school.

      3.  A guide dog shall not be presumed dangerous by reason of the fact it is not muzzled.

      4.  This section does not relieve a visually handicapped person from liability for damage which may be caused by his guide dog.

      5.  Visually handicapped persons accompanied by guide dogs shall be subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.

      6.  As used in this section:

      (a) “Guide dog” means a dog which has been specially trained by a guide dog school to serve as an aid to mobility to a particular visually handicapped person.

      (b) “Guide dog school” means a school which trains guide dogs and which is approved by the division.

      Sec. 6.  NRS 704.145 is hereby amended to read as follows:

      704.145  [No] 1.  It is unlawful for a common carrier or other means of public conveyance or transportation operating in this state [may:

      1.]  to:

      (a) Refuse service to a visually handicapped person because he is accompanied by a guide dog; or


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

ê1973 Statutes of Nevada, Page 1500 (Chapter 732, AB 511)ê

 

      [2.]  (b) Charge an additional fee for such guide dog. [unless the dog requires additional space or service.

Any extra charge shall be reasonable and based on the cost of the extra space or service actually provided. Any arbitrary, capricious, or unreasonable imposition of such extra charge, when additional space or services are not reasonably necessary for the accommodation of a guide dog, is deemed a refusal of service.]

      2.  This section does not relieve a visually handicapped person from liability for damage which may be caused by his guide dog.

      3.  Visually handicapped persons accompanied by guide dogs shall be subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.

      4.  As used in this section:

      (a) “Guide dog” means a dog which has been specially trained by a guide dog school to serve as an aid to mobility for a specific visually handicapped person.

      (b) “Guide dog school” means a school which trains guide dogs and which is approved by the division.

      Sec. 7.  NRS 706.366 is hereby amended to read as follows:

      706.366  [No] 1.  It is unlawful for a common motor carrier of passengers or other means of public conveyance or transportation operating in this state [may:

      1.]  to:

      (a) Refuse service to a visually handicapped person because he is accompanied by a guide dog; or

      [2.]  (b) Charge an additional fee for such guide dog. [unless the dog requires additional space or service. Any extra charge shall be reasonable and based on the cost of the extra space or service actually provided. Any arbitrary, capricious or unreasonable imposition of such extra charge, when additional space or services are not reasonably necessary for the accommodation of a guide dog, is deemed a refusal of service.]

      2.  This section does not relieve a visually handicapped person from liability for damage which may be caused by his guide dog.

      3.  Visually handicapped persons accompanied by guide dogs shall be subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.

      4.  As used in this section:

      (a) “Guide dog” means a dog which has been specially trained by a guide dog school to serve as an aid to mobility for a specific visually handicapped person.

      (b) “Guide dog school” means a school which trains guide dogs and which is approved by the division.

      Sec. 8.  1.  Sections 3 and 4 of this act shall not become effective if sections 4 and 9 of Assembly Bill 543 of the 57th session of the Nevada legislature becomes law.

      2.  Sections 3.5 and 4.5 of this act shall not become effective if sections 4 and 9 of Assembly Bill 543 of the 57th session of the Nevada legislature does not become law.

      Sec. 9.  This act shall become effective 12:01 a.m. on July 1, 1973.

 

________


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

ê1973 Statutes of Nevada, Page 1501ê

 

CHAPTER 733, AB 595

Assembly Bill No. 595–Messrs. Ullom, Hayes, Ashworth, Mello, Jacobsen, Young, Smith, Dini, Miss Foote, Messrs. Glover, Huff, Lowman, Barengo, Hickey, Craddock, Crawford, Vergiels, Mesdames Gojack, Ford and Mr. Banner

CHAPTER 733

AN ACT relating to persons under the influence of controlled substances; bringing such persons within the scope of the implied consent law; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      As used in NRS 484.377 to 484.393, inclusive, unless the context otherwise requires, “controlled substance” means a controlled substance as defined in chapter 453 of NRS.

      Sec. 2.  NRS 484.379 is hereby amended to read as follows:

      484.379  1.  It is unlawful for any person who is under the influence of intoxicating liquor to drive or be in actual physical control of a vehicle within this state.

      2.  It is unlawful for any person who is an habitual user of or under the influence of any controlled substance, [as defined in chapter 453 of NRS,] or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any chemical, poison or organic solvent, to a degree which renders him incapable of safely driving or steering a vehicle to drive or steer a vehicle within this state. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this subsection.

      3.  Any person who violates the provisions of this section is guilty of a misdemeanor and such person’s license to operate a vehicle in this state may, by the decision of the court, be suspended by the department of motor vehicles for a period of not less than 30 days nor more than 1 year.

      4.  Upon a subsequent conviction within 3 years for an offense under the provisions of this section, the person so convicted shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment in the county jail for not less than 10 days nor more than 6 months or by both such fine and imprisonment. His license to operate a vehicle in this state shall be revoked for 2 years by the department of motor vehicles.

      5.  Upon a subsequent conviction, after three years, but within 7 years, for an offense under the provisions of this section, the person so convicted shall have his license revoked by the department for a period of 1 year.

      6.  No judge or justice of the peace in imposing sentences provided for in this section shall suspend the same or any part thereof.

      Sec. 2.5.  NRS 484.379 is hereby amended to read as follows:

      484.379  1.  It is unlawful for any person who is under the influence of intoxicating liquor to drive or be in actual physical control of a vehicle within this state.


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

ê1973 Statutes of Nevada, Page 1502 (Chapter 733, AB 595)ê

 

      2.  It is unlawful for any person who is an habitual user of or under the influence of any controlled substance [as defined in chapter 453 of NRS,] or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any chemical, poison or organic solvent, to a degree which renders him incapable of safely driving or steering a vehicle to drive or steer a vehicle within this state. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this subsection.

      3.  Any person who violates the provisions of this section is guilty of a misdemeanor and such person’s license to operate a vehicle in this state may, by the decision of the court, be suspended by the department of motor vehicles for a period of not less than 30 days nor more than 1 year.

      4.  Upon a subsequent conviction within 3 years for an offense under the provisions of this section, the person so convicted shall be punished by mandatory confinement in the county or municipal jail for not less than 10 days, nor more than 6 months. Such person may also be punished by a fine of not more than $500. His license to operate a vehicle in this state shall be revoked for 2 years by the department of motor vehicles.

      5.  Upon a subsequent conviction, after three years, but within 7 years, for an offense under the provisions of this section, the person so convicted shall have his license revoked by the department for a period of 1 year.

      6.  No judge or justice of the peace in imposing sentences provided for in this section shall suspend the same or any part thereof.

      7.  Any term of confinement imposed under the provisions of subsection 4 may be served intermittently at the discretion of the judge or justice of the peace. This discretion shall be exercised after considering all the circumstances surrounding the offense, and the family and employment situation of the person convicted. However, the full term of confinement shall be served within a 6-month period from the date of conviction, and any segment of time the person is confined shall not consist of less than a 24-hour period.

      8.  Jail sentences simultaneously imposed under this section, and NRS 483.560 or 485.330, shall run consecutively.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  NRS 484.383 is hereby amended to read as follows:

      484.383  1.  Except as provided in subsections 4 and 5, any person who drives a vehicle upon a highway in this state shall be deemed to have given his consent to a chemical test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or the presence of a controlled substance when such test is administered at the direction of a police officer having reasonable grounds to believe that such person was driving a vehicle while under the influence of intoxicating liquor or a controlled substance and after such person was arrested for any offense allegedly committed while such person was driving a vehicle under the influence of intoxicating liquor [.] or a controlled substance.

      2.  Such person shall be informed that his failure to submit to such test will result in the suspension of his privilege to drive a vehicle for a period of 6 months.


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

ê1973 Statutes of Nevada, Page 1503 (Chapter 733, AB 595)ê

 

test will result in the suspension of his privilege to drive a vehicle for a period of 6 months.

      3.  Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not such person is informed that his failure to submit to such test will result in the suspension of his privilege to drive a vehicle for a period of 6 months.

      4.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section.

      5.  [A] Where the alcoholic content of the defendant’s blood is in issue, a person may refuse to submit to a blood test if means are reasonably available to perform a breath or urine test, and may refuse to submit to a blood or urine test if means are reasonably available to perform a breath test. Where there is no noticeable odor of alcohol emanating from the body of a person and the presence of a controlled substance in such person’s blood is in issue, such person may refuse to submit to a blood test if means are reasonably available to perform a urine test. Such person may not submit to a breath test in lieu of submitting to a blood or urine test.

      Sec. 5.  NRS 484.385 is hereby amended to read as follows:

      484.385  1.  If a person under arrest refuses to submit to a required chemical test as directed by a police officer under NRS 484.383, none shall be given; but the department of motor vehicles, upon receipt of a sworn written statement of such officer that he had reasonable grounds to believe the arrested person had been driving a vehicle upon a highway while under the influence of intoxicating liquor or a controlled substance and that such person refused to submit to such test upon the request of such officer, shall immediately notify the person by mail that his privilege to drive is subject to suspension and allow him 15 days after the date of mailing such notice to make a written request for a hearing. If no request is made within such 15-day period, the department shall immediately:

      (a) Suspend such person’s license or instruction permit to drive for a period of 6 months;

      (b) If such person is a nonresident, suspend his privilege to drive a vehicle in this state for a period of 6 months and inform the appropriate agency in the state of his residence of such action; or

      (c) If such person is a resident without a license or instruction permit to drive, deny to such person the issuance of a license or permit for a period of 6 months after the date of the alleged violation.

      2.  If the affected person requests that the hearing be continued to a date beyond the 20-day period set forth in subsection 1 of NRS 484.387, the department shall issue an order suspending the license, privilege or permit to drive a motor vehicle, which suspension shall be effective upon receipt of notice that the continuance has been granted.

      3.  The suspension provided for in subsection 1 shall become effective 10 days after the mailing of written notice thereof by such department to any such person at his last-known address.


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

ê1973 Statutes of Nevada, Page 1504 (Chapter 733, AB 595)ê

 

      4.  Notice of intention to suspend, notice of an order of suspension and notice of the affirmation of a prior order of suspension provided in NRS 484.387 is sufficient if it is mailed to the person’s last-known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department of motor vehicles, specifying the time of mailing the notice. Such notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.

      Sec. 6.  NRS 484.387 is hereby amended to read as follows:

      484.387  1.  If a request for a hearing is made within the appropriate time, the department of motor vehicles shall afford the person an opportunity for a hearing to be conducted within 20 days after receipt of the request. The hearing shall be conducted in the county wherein the accused resides unless the parties agree otherwise. The director of the department of motor vehicles or his agent may administer oaths and may issue subpenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the accused.

      2.  The scope of such hearing shall be limited to the issues of whether a police officer had reasonable grounds to believe such person had been driving a vehicle upon a highway while under the influence of intoxicating liquor [,] or a controlled substance, had been placed under arrest, and had refused to submit to the test upon the request of the police officer. Upon an affirmative finding on each of the issues, the department of motor vehicles shall issue an order suspending the license, privilege or permit to drive a motor vehicle, unless the suspension order has already been made, in which case the order shall be affirmed. If a negative finding is made on any of the issues then no suspension shall be ordered or the prior suspension order shall be rescinded, as the case may be. If, after such hearing, an order of suspension is issued or a prior order of suspension is affirmed the person whose license, privilege or permit has been suspended shall have the right to a review of the matter in district court in the same manner as provided by NRS 483.520.

      Sec. 7.  NRS 484.389 is hereby amended to read as follows:

      484.389  1.  If a person refuses to submit to a required chemical test provided for in NRS 484.383, evidence of such refusal shall be admissible in any criminal action arising out of acts alleged to have been committed while such person was driving a vehicle while under the influence of intoxicating liquor [.] or a controlled substance.

      2.  If a person submits to such a test, full information concerning such test shall be made available, upon his request, to him or his attorney.

      Sec. 8.  NRS 484.391 is hereby amended to read as follows:

      484.391  1.  A person arrested for driving a vehicle while under the influence of intoxicating liquor or a controlled substance shall be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test or tests for the purpose of determining the alcoholic content of his blood [.] or the presence of a controlled substance in his blood.

      2.  The failure or inability to obtain such a test or tests by such person shall not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.


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

ê1973 Statutes of Nevada, Page 1505 (Chapter 733, AB 595)ê

 

refusal to submit to a test or relating to a test taken upon the request of a police officer.

      3.  A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 484.383.

      Sec. 9.  NRS 484.393 is hereby amended to read as follows:

      484.393  1.  The results of any blood test administered under the provisions of NRS 484.383 or 484.391 shall not be admissible in any hearing or criminal action arising out of the acts alleged to have been committed while a person was under the influence of intoxicating liquor or a controlled substance unless the blood tested was withdrawn by a physician, registered nurse or a technician employed in a medical laboratory.

      2.  The limitation contained in subsection 1 shall not apply to the taking of a chemical test of the urine, breath or other bodily substance.

      3.  No such physician, registered nurse or technician shall incur any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer such test.

      Sec. 10.  1.  Section 2 of this act shall not become effective if Assembly Bill 43 of the 57th session of the Nevada legislature becomes law.

      2.  Section 2.5 of this act shall not become effective if Assembly Bill 43 of the 57th session of the Nevada legislature does not become law.

      Sec. 11.  This act shall become effective at 12:02 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 734, AB 614

Assembly Bill No. 614–Committee on Agriculture

CHAPTER 734

AN ACT relating to pesticides; requiring a license for structural pest control business and other activities in connection therewith; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 555.262 is hereby amended to read as follows:

      555.262  “Custom application of pesticides” means any application of pesticides [by aircraft or ground equipment] for hire, [including application made on new construction of residence buildings or building slabs by contractors or builders.] or engaging in the business of pest control.

      Sec. 2.  NRS 555.280 is hereby amended to read as follows:

      555.280  No person shall engage in custom application of pesticides or serve as an agent, operator or pilot or engage in making custom inspections of households or other structures for wood destroying pests or similar organisms within this state at any time without a license issued by the executive director.

      Sec. 3.  NRS 555.300 is hereby amended to read as follows:

      555.300  1.  The executive director may require the applicant to show, upon examination, that he possesses adequate knowledge concerning the proper use and application of pesticides and the dangers involved and precautions to be taken in connection with their application.


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

ê1973 Statutes of Nevada, Page 1506 (Chapter 734, AB 614)ê

 

proper use and application of pesticides and the dangers involved and precautions to be taken in connection with their application.

      2.  If the applicant is other than an individual, the applicant shall designate an officer, member or technician of the organization to take the examination, such designee to be subject to the approval of the executive director. If the extent of the applicant’s operations warrant it, the executive director may require more than one officer, member or technician to take the examination.

      3.  The applicant or the individual designated by the applicant in accordance with subsection 2 of this section shall be the age of majority or over and shall have:

      (a) Not less than 2 years’ practical experience in pest control; or

      (b) Possess university credits of not less than 16 credit hours in biological sciences of which not less than 8 credit hours must be in subjects directly related to the categories of pest control in which the applicant wishes to be licensed and shall have 6 or more months of practical experience in pesticide application or related pest control.

      4.  The requirements of subsection 3 shall not apply to persons holding a license issued by the executive director before July 1, 1973, nor shall such requirements apply to the renewal of the license of any such person.

      Sec. 4.  Chapter 555 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

      Sec. 5.  “Pest control” means the business of engaging in, advertising or soliciting for or performance of the use of pesticides or mechanical devices for the purpose of eliminating, exterminating, controlling or preventing infestations of pests.

      Sec. 6.  No person shall for hire engage in, offer to engage in, advertise or solicit to perform any of the following pest control activities concerning wood destroying pests or organisms without a license issued by the executive director:

      1.  Making an inspection or inspections for the purpose of identifying or attempting to identify infestations or infections of households or other structures by such pests or organisms.

      2.  Making inspection reports concerning such infestations or infections.

      3.  Making estimates or bids, whether written or oral, concerning such infestations or infections.

      4.  Submitting bids to perform any work involving the application of pesticides for the eliminating, exterminating, controlling or preventing infestations or infections of such pests.

 

________


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

ê1973 Statutes of Nevada, Page 1507ê

 

CHAPTER 735, AB 630

Assembly Bill No. 630–Committee on Government Affairs

CHAPTER 735

AN ACT relating to the City of Sparks; providing formation of a committee to prepare a proposed city charter; providing for an opinion vote on the form of government for the city; extending effective date for new charter to July 1, 1975; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  1.  A committee representing the City of Sparks shall be established pursuant to this section to prepare recommendations for a new charter for the city.

      2.  The committee shall be composed of nine members appointed in the following manner:

      (a) One member to be appointed by each city councilman.

      (b) One member to be appointed by the mayor of the city.

      (c) One member to be appointed by each member of the assembly legislative delegation representing the residents of the city.

      3.  The committee shall:

      (a) Elect from its membership a president and secretary.

      (b) Perform all functions and do all things necessary to accomplish the purpose for which it was established, including but not limited to holding meetings and public hearings, and obtaining assistance when necessary from the city officials of the City of Sparks.

      Sec. 2.  1.  The committee shall prepare a report to be submitted to the 58th session of the Nevada legislature which shall contain the committee’s draft of a proposed charter for the City of Sparks and other matters properly relating thereto.

      2.  In preparation of such report, and particularly the draft of such proposed charter, the committee shall consider all relevant facts and circumstances, including but not limited to:

      (a) The responses to a questionnaire to be submitted by the committee to the registered voters of the city to determine whether such voters approve of all or any part of the charter of the City of Sparks scheduled to go into effect on July 1, 1975, pursuant to section 4 of this act. Such questionnaire may be submitted along with the material required to be submitted to such registered voters pursuant to subsection 2 of section 3 of this act.

      (b) The expression by the registered voters of the city of their opinions pursuant to section 3 of this act.

      Sec. 3.  1.  In conjunction with the general election in 1974, the city council of the City of Sparks is hereby directed to furnish to the Washoe county clerk questions which the clerk shall place on the general election ballots for the registered voters in the City of Sparks. Each question and an accompanying explanation shall be prepared by the city attorney of the City of Sparks and shall be approved by the city council before submission to the clerk. The questions shall enable the registered voters of the city to express their opinions on the form of government under which the city shall operate.


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

ê1973 Statutes of Nevada, Page 1508 (Chapter 735, AB 630)ê

 

      2.  The city council, at least 10 days prior to such general election, shall circulate to all registered voters of the city a summary and explanation of the questions to appear on the ballot pursuant to subsection 1.

      Sec. 4.  Section 3 of chapter 545, Statutes of Nevada 1971, at page 1160, is hereby amended to read as follows:

      Section 3.  This act shall become effective on July 1, [1973.] 1975.

      Sec. 5.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 736, SB 503

Senate Bill No. 503–Senator Walker

CHAPTER 736

AN ACT relating to the state department of education; providing for a special consultant on Indian education; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  Chapter 385 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The superintendent of public instruction shall appoint a special consultant on Indian education within the state department of education. The appointment shall be approved by the state board of education and the Nevada Indian advisory committee for Indian education.

      2.  The special consultant on Indian education shall be an Indian and shall hold a degree in education from an accredited institution of higher learning and shall have at least 3 years of experience as a teacher or school administrator. An advanced degree in education may be substituted for 1 year of the required experience.

      3.  The special consultant on Indian education shall work within the state department of education, with the Nevada Indian advisory committee for Indian education and with the Indian tribes in establishing programs and curricula designed to meet the special educational needs of Indians in this state.

      4.  The special consultant on Indian education shall have primary responsibility within the state department of education for the approval of the granting of federal funds authorized under the state Johnson-O’Malley contract to local school districts for meeting the special educational needs of Indians.

 

________


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ê1973 Statutes of Nevada, Page 1509ê

 

CHAPTER 737, AB 723

Assembly Bill No. 723–Committee on Government Affairs

CHAPTER 737

AN ACT relating to county fair and recreation boards; expanding the jurisdiction of such boards to rent advertising space in county recreation facilities; expanding the jurisdiction of such boards to advertise all recreation facilities in the county; providing for the election of a vice chairman; expanding the authority of such boards to promote tourism within the county; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 244.640 is hereby amended to read as follows:

      244.640  1.  In addition to powers elsewhere conferred upon counties, any county is authorized and empowered:

      (a) To establish, construct, purchase, otherwise acquire, reconstruct, improve, extend and better fairgrounds, exposition buildings, convention halls, auditoriums, fieldhouses, amusement halls, public parks, playgrounds, swimming pools, golf courses, recreation centers, museums, zoos, historical sites, other recreational facilities and buildings therefor, and improvements incidental thereto;

      (b) To equip and furnish the same;

      (c) To acquire a suitable site or grounds for any recreational facilities;

      (d) To issue bonds therefor (or any combination thereof), at one time, or from time to time; and

      (e) To advertise, publicize and promote the recreational facilities [of the county.] located in the county which are owned by the county, the state or an incorporated city in the county.

      2.  Recreational facilities shall be deemed to include, without limiting the generality of the provisions of subsection 1, such buildings, incidental improvements, equipment, furnishings, sites and grounds as are used for recreational purposes.

      Sec. 2.  NRS 244.665 is hereby amended to read as follows:

      244.665  1.  The board shall choose one of its members as chairman [,] and one of its members as vice chairman, and shall elect a secretary and a treasurer, who may be members of the board. The secretary and the treasurer may be one person.

      2.  The secretary shall keep, in a well-bound book, a record of all of the proceedings of the board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the board. The minute book and records shall be open to the inspection of all owners of real property in the county as well as to all other interested persons, at all reasonable times and places.

      3.  The treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the board and the county. He shall file with the county clerk, at county expense, a corporate fidelity bond in an amount not less than $5,000, conditioned for the faithful performance of his duties.

      Sec. 3.  NRS 244.685 is hereby amended to read as follows:

      244.685  In addition to powers elsewhere conferred, the county fair and recreation board of any county, upon behalf of the county and in connection with the recreational facilities herein authorized, is authorized and empowered:

 


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ê1973 Statutes of Nevada, Page 1510 (Chapter 737, AB 723)ê

 

and recreation board of any county, upon behalf of the county and in connection with the recreational facilities herein authorized, is authorized and empowered:

      1.  To establish, construct, purchase, lease, enter into a lease purchase agreement respecting, rent, acquire by gift, grant, bequest, devise, or otherwise acquire, reconstruct, improve, extend, better, alter, repair, equip, furnish, regulate, maintain, operate and manage recreational facilities, including personal property, real property, lands, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years.

      2.  To insure or provide for the insurance of any recreational facility against such risks and hazards as the board may deem advisable.

      3.  To arrange or contract for the furnishing by any person, agency, association or corporation, public or private, of services, privileges, works or facilities for, or in connection with, a recreational facility; and to hire and retain officers, agents and employees, including a fiscal advisor, engineers, attorneys, or other professional or specialized personnel.

      4.  To direct the board of county commissioners, with the concurrence of the board, to acquire by the exercise of the power of eminent domain any real property which the county fair and recreation board may deem necessary for its purposes under NRS 244.640 to 244.780, inclusive, after the adoption by the board of a resolution declaring that its acquisition is necessary for such purposes. This power shall be exercised in the manner provided by any applicable statutory provisions and laws of the State of Nevada. Title to property so acquired shall be taken in the name of the county.

      5.  To sell, lease, exchange, transfer, assign or otherwise dispose of any real or personal property, or any interest therein acquired for the purpose of NRS 244.640 to 244.780, inclusive, including the lease of any recreational facility acquired by the county under the provisions of NRS 244.640 to 244.780, inclusive, which is to be operated and maintained as a public project and recreational facility.

      6.  To fix, and from time to time increase or decrease, rates, tolls or charges for services or facilities furnished in connection with any recreational facility, and to take such action as necessary or desirable to effect their collection, and, with the consent of the board of county commissioners, to provide for the levy by the board of county commissioners of ad valorem taxes, the proceeds thereof to be used in connection with the recreational facilities.

      7.  To receive, control, invest and order the expenditure of any and all moneys and funds pertaining to any recreational facility or related properties [.] , including but not limited to annual grants to the state, the county and incorporated cities in the county for capital improvements for recreational facilities.

      8.  To enter into contracts, leases or other arrangements for commercial advertising purposes with any person, partnership or corporation.

      9.  To exercise all or any part or combination of the powers herein granted to such county, except as herein otherwise provided.

      [9.]10.  To sue and be sued.


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ê1973 Statutes of Nevada, Page 1511 (Chapter 737, AB 723)ê

 

      [10.]  11.  To do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of NRS 244.640 to 244.780, inclusive.

      Sec. 4.  NRS 244.700 is hereby amended to read as follows:

      244.700  1.  Whenever the county fair and recreation board shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability demand the creation of a bonded indebtedness by the issuance of general obligation bonds, or the incurrence of special obligations by the issuance of revenue bonds, or the making of any contract creating an indebtedness with the United States Government, or any agency or instrumentality thereof, corporate or otherwise, or any other person or corporation, public or private, for any purpose authorized by NRS 244.640 to 244.780, inclusive, the board shall order the submission of the proposition of issuing such general obligation bonds or such revenue bonds or making such a contract creating an indebtedness, to the qualified electors of the county at an election held for that purpose.

      2.  This section does not preclude the county fair and recreation board from applying for short-term financing under the provisions of NRS 354.430 to 354.460, inclusive.

      Sec. 5.  NRS 244.743 is hereby amended to read as follows:

      244.743  In connection with any license taxes assigned or appropriated by any city, town or county, or any combination thereof, for use in connection with NRS 244.640 to 244.780, inclusive, the county fair and recreation board of any county, upon behalf of the county, in addition to powers elsewhere conferred, is authorized and empowered (but is not required):

      1.  To collect the proceeds of such taxes from time to time, to receive, control, invest and order the expenditure of any and all moneys and funds pertaining thereto, to prescribe a procedure therefor, including (but not limited to) enforcing the collection of any delinquent taxes and providing penalties in connection therewith, and to create an office and hire personnel therefor.

      2.  To defray the reasonable costs of collecting and otherwise administering such taxes from not exceeding 10 percent of the gross revenues so collected (excluding from this limitation and from such gross revenues any costs of collecting any delinquent taxes borne by any delinquent taxpayer).

      3.  To defray further with the proceeds of any such tax the costs of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby, of operating and maintaining recreational facilities under the jurisdiction of the board, including, without limiting the generality of the foregoing, the payment of reasonable promotional expenses pertaining thereto, payment of reasonable expenses pertaining to the promotion of tourism generally, both individually and through grants to the chambers of commerce of the incorporated cities of the county or other nonprofit groups or associations, and of improving, extending and bettering any recreational facilities authorized by NRS 244.640 to 244.780, inclusive, including but not limited to making annual grants to the state, the county and incorporated cities in the county for capital improvements for recreational facilities, and of constructing, purchasing or otherwise acquiring any such recreational facilities.


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

ê1973 Statutes of Nevada, Page 1512 (Chapter 737, AB 723)ê

 

and of constructing, purchasing or otherwise acquiring any such recreational facilities.

      4.  To redeem any general obligation bonds of the county issued pursuant to NRS 244.640 to 244.780, inclusive, principal, interest and any prior redemption premium, regardless of whether such taxes are pledged as additional security for their payment.

      5.  To make contracts from time to time concerning any such license taxes, notwithstanding any such contract may limit the exercise of powers pertaining thereto, including, without limiting the generality of the foregoing, the right of any city, town or the county from time to time to increase, decrease or otherwise modify the tax; but no such change shall be made which shall prejudicially affect any pledge of tax proceeds as additional security for the payment of bonds issued pursuant to NRS 244.640 to 244.780, inclusive, and each other political subdivision assigning or appropriating such taxes pertaining thereto shall consent to any such modification.

      6.  To make rules and regulations concerning such license taxes, and to provide penalties for the failure to comply therewith.

      Sec. 6.  NRS 244.7802 is hereby amended to read as follows:

      244.7802  1.  In any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the county fair and recreation board shall consist of nine members selected as follows:

      (a) Two members by the board of county commissioners from their own number.

      (b) Two members by the governing body of the largest incorporated city in the county [.] from their own number.

      (c) One member by the governing body of one of the other incorporated cities in the county [.] from their own number.

      (d) Four members to be appointed by the members selected pursuant to paragraphs (a), (b) and (c). Such members shall be selected from a list of three nominees for each position submitted by the chamber of commerce of the largest incorporated city in the county. Such lists shall be composed of nominees respectively who are actively engaged in:

             (1) The resort hotel industry.

             (2) The motel industry.

             (3) The finance industry.

             (4) General business or commerce.

      2.  In order to determine which of the incorporated cities in the county is entitled to the representative provided in paragraph (c) of subsection 1, the board of county commissioners shall at its first meeting after May 1, 1967, draw lots to determine which city shall be first represented, which next, and so on. The city first drawn is entitled to representation until July 1, 1968, and each city is entitled thereafter to representation for 1 year, in its proper turn as determined by the original drawing.

      3.  Any vacancy occurring on a county fair and recreation board shall be filled by the authority entitled to appoint the member whose position is vacant.

      4.  [Members] Upon the expiration of the terms of those members appointed pursuant to paragraph (d) of subsection 1 [shall be appointed for a term of 2 years.]


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ê1973 Statutes of Nevada, Page 1513 (Chapter 737, AB 723)ê

 

appointed pursuant to paragraph (d) of subsection 1 [shall be appointed for a term of 2 years.] , on January 1, 1974, four new members shall be appointed as provided in that paragraph as follows:

      (a) Two members shall be appointed for 2-year terms.

      (b) Two members shall be appointed for 1-year terms.

Thereafter all members shall be appointed for 2-year terms. If any such member ceases to be engaged in the business sector which he was appointed to represent, he ceases to be a member, and another person engaged in that business shall be appointed to fill the unexpired term. Any such member may succeed himself.

      5.  The terms of members appointed pursuant to paragraphs (a) [,] and (b) [and (c)] shall be coterminous with their terms of office. Any such member may succeed himself.

      Sec. 7.  NRS 244.7804 is hereby amended to read as follows:

      244.7804  The county fair and recreation board, in addition to the other powers conferred upon a county fair and recreation board by NRS 244.640 to 244.780, inclusive, may:

      1.  Set aside a fund [, the balance in which shall not at any time exceed $150,000,] in an amount which it considers necessary and which may be expended in the discretion of the board for the purpose of promoting or attracting conventions, meetings and like gatherings which will utilize the recreational facilities authorized by NRS 244.640. Such expenditure is hereby declared to be an expenditure made for a public purpose.

      2.  Solicit and promote tourism generally, both individually and through annual grants to the chambers of commerce of the incorporated cities within the county, and further promote generally the use of its facilities, pursuant to lease agreements, by organized groups or by the general public for the holding of conventions, expositions, trade shows, entertainment, sporting events, cultural activities or similar uses reasonably calculated to produce revenue for the board and to enhance the general economy. Such promotion may include advertising the facilities under control of the board and the resources of the community or area, including without restriction tourist accommodations, transportation, entertainment and climate.

      3.  Enter into contracts for advertising pursuant to this section and pay the cost of such advertising, including a reasonable commission.

      Sec. 8.  Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 14, inclusive, of this act.

      Sec. 9.  Pursuant to the power conferred by subsection 8 of NRS 244.685, a county fair and recreation board may:

      1.  Grant the privilege of using or improving a recreational facility, or any portion thereof or space therein, for commercial advertising purposes upon the compliance with such reasonable and uniform terms and conditions and upon payment of such reasonable and uniform charges or fees as the county fair and recreation board shall promulgate or fix; or

      2.  Enter into a contract, lease or other arrangement with any person, partnership or corporation for space for commercial advertising purposes for a term or terms not to exceed 10 years upon such conditions as the county fair and recreation board considers proper. Any member of the board may vote on such a contract, lease or other arrangement notwithstanding the fact that the term of the agreement may extend beyond his term of office.


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ê1973 Statutes of Nevada, Page 1514 (Chapter 737, AB 723)ê

 

board may vote on such a contract, lease or other arrangement notwithstanding the fact that the term of the agreement may extend beyond his term of office.

      Sec. 10.  When the county fair and recreation board determines that the rental or lease of space for commercial advertising purposes in a county recreational facility, as opposed to granting a license to use or improve such facility, is necessary for the best interests of the county, the board shall comply with the procedure set forth in sections 11 to 14, inclusive, of this act.

      Sec. 11.  1.  Before entering into such contract, lease or other arrangements the county fair and recreation board shall in open meeting by a majority vote of the members adopt a resolution declaring its intention to lease the property.

      2.  The resolution shall:

      (a) Describe the property proposed to be leased in such manner as to identify it;

      (b) Specify the minimum rental and the terms upon which it may be leased;

      (c) Fix a time not less than 3 weeks thereafter for a public meeting of the board to be held at its regular place of meeting at which sealed proposals to lease will be received and considered.

      Sec. 12.  Notice of the adoption of the resolution and of the time and place of holding the meeting shall be given by:

      1.  Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and

      2.  Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.

      Sec. 13.  At the time and place fixed in the resolution for the meeting of the county fair and recreation board, all sealed proposals which have been received shall, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to lease, and which are made by responsible bidders, the proposal which is the highest shall be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.

      Sec. 14.  1.  Before accepting any written proposal, the county fair and recreation board shall call for oral bids. If upon the call for oral bidding, any responsible person offers to lease the property upon the terms and conditions specified in the resolution for a rental exceeding by at least 5 percent the highest written proposal, then the highest oral bid which is made by a responsible person shall be finally accepted, unless the board rejects all bids.

      2.  At the same meeting or at a subsequent meeting within 10 days, the board shall:

      (a) Make a final acceptance of tile highest bid; or

      (b) If it considers such action in the best public interest, reject all bids, either written or oral, and withdraw the property from the offering.

      3.  Upon acceptance of a bid, the board shall direct the chairman to execute a lease and deliver it to the lessee upon the lessee’s compliance with any concurrent conditions of the contract.


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ê1973 Statutes of Nevada, Page 1515 (Chapter 737, AB 723)ê

 

execute a lease and deliver it to the lessee upon the lessee’s compliance with any concurrent conditions of the contract.

      Sec. 15.  This act shall become effective at 12:01 a.m. on July 1, 1973.

 

________

 

 

CHAPTER 738, AB 745

Assembly Bill No. 745–Messrs. Fry, Bremner, Barengo and Capurro

CHAPTER 738

AN ACT relating to the Nevada Installment Loan and Finance Act; raising the maximum loan amount; providing a different penalty; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 675.030 is hereby amended to read as follows:

      675.030  The legislature finds as facts and determines that:

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

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

      3.  The need of legislation is especially apparent in the area of loans of [$7,500] $10,000 or less.

      4.  It is the purpose of this chapter to bring under public supervision those engaged in the business of making loans of [$7,500] $10,000 or less; to attract adequate commercial capital to the business, so that the demand for such loans may be satisfied; to establish a system of regulation for the purpose of insuring that charges for such loans be established which are fair, just and reasonable to the borrower and lender and which permit a fair return to those engaged in such business; and that there will be established in this state an adequate, efficient and competitive installment loan and finance service.

      Sec. 2.  NRS 675.060 is hereby amended to read as follows:

      675.060  1.  No person shall engage in the business of lending in amounts of [$7,500] $10,000 or less and contract for, exact or receive, directly or indirectly, on or in connection with any such loan, any charges, whether for interest, compensation, consideration or expense, which in the aggregate are greater than the interest that the lender would be permitted by law to charge for a loan of money if he were not a licensee under this chapter, except as provided in and authorized by this chapter, and without first having obtained a license from the superintendent.


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ê1973 Statutes of Nevada, Page 1516 (Chapter 738, AB 745)ê

 

      2.  For the purpose of this section a loan shall be deemed to be in the amount of [$7,500] $10,000 or less if the net amount or value advanced to or on behalf of the borrower, after deducting all payments for interest, principal, expenses and charges of any nature taken substantially contemporaneously with the making of the loan, does not exceed [$7,500.] $10,000.

      Sec. 3.  NRS 675.280 is hereby amended to read as follows:

      675.280  No licensee shall advertise or permit to be advertised in any manner whatsoever any false, misleading or deceptive statement or representation with regard to the rates, terms or conditions for loans in the amount or of the value of [$7,500] $10,000 or less.

      Sec. 4.  NRS 675.290 is hereby amended to read as follows:

      675.290  1.  For the purposes of this section, a loan or refinancing is “precomputed” if the debt is expressed as a sum comprising the principal and the interest charge computed in advance.

      2.  Every licensee may make loans of any amount with cash advance not exceeding [$7,500,] $10,000, repayable except as otherwise provided in subsection 4, in substantially equal consecutive monthly installments of principal and interest combined, and may charge, contract for, collect and receive charges not in excess of the following:

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

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

      (c) That portion of the loan in excess of $2,500 but not exceeding [$7,500] $10,000 shall be at the rate of 17.74 percent per annum.

      (d) The charge for interest under paragraph (c) shall be calculated according to the actuarial method, which is the method of allocating payments between principal and interest pursuant to which a payment is applied first to the accumulated interest and the balance, if any, is applied to the unpaid principal. A licensee may, at the time the loan is made, precompute the charge for interest at the agreed-upon rate on the scheduled unpaid principal balances according to the terms of the contract and add such interest to the principal of the loan. Where the charge for interest is precomputed the face amount of any note or contract may exceed [$7,500] $10,000 by the amount of charges authorized by this chapter added to principal. If the charge for interest is precomputed, payments on account may be applied to the combined total of principal and precomputed interest until the contract is fully paid. All payments on account, except those applied to default or deferment charges, shall be applied to the installments in the order in which they fall due.


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ê1973 Statutes of Nevada, Page 1517 (Chapter 738, AB 745)ê

 

except those applied to default or deferment charges, shall be applied to the installments in the order in which they fall due. The effect of prepayment of a precomputed loan is governed by the provisions relating to refund upon prepayment in full.

      (e) In the event of a default of more than 7 days in the payment of one-half or more of any scheduled installment on a precomputed loan contract, the licensee may charge and collect a default charge not exceeding an amount equal to the refund that would be required if the loan were prepaid in full 1 month prior to maturity. Such charge may not be collected more than once for the same default and may be collected at the time of such default or at any time thereafter. If such default charge is deducted from any payment received after default occurs and such deduction results in the default of a subsequent installment, no charge may be made for the resulting default.

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

If a refund is required during a deferment period the borrower shall also receive a refund of that portion of the deferment charge attributable to the unexpired full months of the deferment period.

      [2.]3.  If a precomputed loan contract is prepaid in full before the final installment date the borrower shall receive a refund of an amount which shall be at least as great a proportion of the combined total of interest and service charge, excluding any adjustment made for a first period of more than 1 month, as the sum of the periodic time balances following the date determined by the following sentence bears to the sum of all the periodic time balances under the schedule of payments in the original contract. In computing any required refund, any prepayment in full made on or before the 15th day following an installment date shall be deemed to have been made on the installment due date preceding such prepayment in full and if made on or after the 16th day shall be deemed to have been made on the installment due date following such prepayment in full.


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ê1973 Statutes of Nevada, Page 1518 (Chapter 738, AB 745)ê

 

to have been made on the installment due date following such prepayment in full. No refund shall be required for partial prepayments and no refund of less than $1 need be made. The tender by the borrower, or at his request, of an amount equal to the unpaid balance less the required refund must be accepted by the licensee in full payment of the contract. If the maturity of the contract is accelerated for any reason, the licensee shall make the same refund as would be required for prepayment in full.

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

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

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

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

      (a) Court costs;

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

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

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

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

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

      Sec. 5.  NRS 675.295 is hereby amended to read as follows:

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

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

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


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

ê1973 Statutes of Nevada, Page 1519 (Chapter 738, AB 745)ê

 

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

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

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

      6.  Eighty-four months and 15 days from the date of making where the cash advance is more than $7,500 but not more than $10,000.

      Sec. 6.  NRS 675.300 is hereby amended to read as follows:

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

      2.  A licensee may provide, obtain or take as security for a loan insurance on the life and on the health or disability, or both, of one [party] or more parties obligated on the loan provided that any such insurance provided or obtained by the licensee shall comply with the applicable provisions of chapter 690A of NRS.

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

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


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

ê1973 Statutes of Nevada, Page 1520 (Chapter 738, AB 745)ê

 

under a formula filed by the insurer with the insurance division of the department of commerce.

      Sec. 7.  NRS 675.320 is hereby amended to read as follows:

      675.320  1.  No licensee shall, directly or indirectly, charge, contract for or receive any interest, discount or consideration greater than provided by law for nonlicensees upon all or any part of any loan in the amount of or the value of more than [$7,500,] $10,000, or in any case in which the licensee permits any person, or husband and wife, jointly or severally, to become obligated, directly or contingently, or both, to the licensee at any time for the sum of more than [$7,500] $10,000 for principal.

      2.  The provisions of subsection 1 shall not apply:

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

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

      Sec. 8.  NRS 675.330 is hereby amended to read as follows:

      675.330  The payment of [$7,500] $10,000 or less in money, credit, goods or things in action, as consideration for any sale, assignment or order for the payment of wages, salary, commissions or other compensation for services earned or to be earned, shall for the purposes of regulation under this chapter be deemed a loan of money secured by such sale, assignment or order. The amount by which such compensation so sold, assigned or ordered paid exceeds the amount of such consideration actually paid shall for the purposes of regulation under this chapter be deemed interest or charges on such loan from the date of such payment to the date such compensation is payable. Such a transaction shall be subject to the provisions of this chapter.

      Sec. 9.  NRS 675.380 is hereby amended to read as follows:

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

      (a) Any licensee;

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

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

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

      3.  For the purposes of this section, any person who shall advertise for, solicit, or hold himself out as willing to make loan transactions in the amount or of the value of [$7,500] $10,000 or less shall be presumed to be engaged in the business described in NRS 675.060.


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

ê1973 Statutes of Nevada, Page 1521 (Chapter 738, AB 745)ê

 

for, solicit, or hold himself out as willing to make loan transactions in the amount or of the value of [$7,500] $10,000 or less shall be presumed to be engaged in the business described in NRS 675.060.

      Sec. 10.  NRS 675.480 is hereby amended to read as follows:

      675.480  1.  If any amount in excess of the charges permitted by this chapter is charged, contracted for, or received, except as the result of an accidental and bona fide error of computation, [the contract of loan shall be void, and] the licensee shall have no right to collect or receive any [principal, charges or recompense whatever.] interest.

      2.  The licensee and the several members, officers, directors, agents and employees thereof who shall have participated in such violation shall be guilty of a misdemeanor.

 

________

 

 

CHAPTER 739, AB 806

Assembly Bill No. 806–Committee on Health and Welfare

CHAPTER 739

AN ACT relating to minors; extending the provision for drug abuse treatment under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 129.030 is hereby amended to read as follows:

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

      2.  Notwithstanding any other provision of law, any minor who is under the influence of, or suspected of being under the influence of, a controlled substance as defined by chapter 453 of NRS, or a dangerous or hallucinogenic drug:

      (a) May give express consent; or

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

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

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

      Sec. 2.  NRS 129.050 is hereby amended to read as follows:


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

ê1973 Statutes of Nevada, Page 1522 (Chapter 739, AB 806)ê

 

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

      (a) Is under the influence of a controlled substance as defined by chapter 453 of NRS, or a dangerous or hallucinogenic drug.

      (b) States that he has been abusing controlled substances as defined by chapter 453 of NRS, or dangerous or hallucinogenic drugs and requests treatment.

      2.  Any physician or surgeon who treats a minor pursuant to subsection 1 shall make every reasonable effort to report the fact of such treatment to the parent or parents or legal guardian of the minor within a reasonable time after the treatment.

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

 

________

 

 

CHAPTER 740, AB 824

Assembly Bill No. 824–Mr. Glover

CHAPTER 740

AN ACT relating to visually handicapped persons; requiring information with respect to such persons to be submitted to the department of motor vehicles; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  As used in section 3 of this act:

      1.  “Blind person” means any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.

      2.  “Night-blind person” means a person afflicted with nyctalopia.

      3.  “Severely visually impaired person” means any person whose visual acuity with correcting lenses does not exceed 20/70 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 30°, or whose vision is impaired to such an extent that it materially limits, contributes to limiting or, if not corrected, will probably result in limiting the individual’s activities of functioning.

      Sec. 3.  1.  The following sources shall submit, within 30 days of learning such information, to the department of motor vehicles the name, address, birth date, social security number, visual acuity and any other information which may be required by regulation of the department, of persons who are blind or night-blind or whose vision is severely impaired and shall designate whether such person is blind, night-blind or has severely impaired vision:

 


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

ê1973 Statutes of Nevada, Page 1523 (Chapter 740, AB 824)ê

 

and shall designate whether such person is blind, night-blind or has severely impaired vision:

      (a) Hospitals, medical clinics and similar institutions which treat persons who are blind, night-blind or whose vision is severely impaired; and

      (b) Agencies of the state and political subdivisions which provide special tax consideration for blindness or which provide aid to the blind as defined in NRS 426.050.

      2.  When any source described in paragraphs (a) and (b) of subsection 1 learns that vision has been restored to any person whose name appears in the registry established pursuant to subsection 3, the fact of restoration of vision shall be reported to such registry within 30 days of learning such fact.

      3.  The department may establish a registry for the purposes of this section and adopt regulations governing reports to and operation of such registry.

      4.  The department shall maintain a file of the names, addresses, birth dates and social security numbers of persons who are blind or night-blind or whose vision is severely impaired.

      5.  All information learned by the department pursuant to this section is confidential and any person who, without the consent of the individual concerned, reveals such information for purposes other than those specified in this section, or other than for administration of aid to the blind as defined in NRS 426.050 or services to the blind pursuant to NRS 426.520 to 426.610, inclusive, is guilty of a misdemeanor.

 

________

 

 

CHAPTER 741, AB 871

Assembly Bill No. 871–Committee on Judiciary

CHAPTER 741

AN ACT relating to controlled substances; adding methaqualone to the list of controlled substances included in schedule III of the Uniform Controlled Substances Act; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 453.191 is hereby amended to read as follows:

      453.191  1.  The controlled substances listed in this section are included in schedule [IV.] III.

      2.  Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

      (a) Barbital;

      (b) Chloral betaine;

      (c) Chloral hydrate;

      (d) Ethchlorvynol;

      (e) Ethinamate;


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

ê1973 Statutes of Nevada, Page 1524 (Chapter 741, AB 871)ê

 

      (f) Methaqualone;

      (g) Methohexital;

      [(g)](h) Meprobamate;

      [(h)](i) Methylphenobarbital;

      [(i)](j) Paraldehyde;

      [(j)](k) Petrichloral; or

      [(k)](l) Phenobarbital.

      3.  The board may except by rule any compound, mixture or preparation containing any depressant substance listed in subsection 2 from the application of all or any part of this chapter if the compound, mixture or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.

 

________

 

 

CHAPTER 742, AB 879

Assembly Bill No. 879–Committee on Judiciary

CHAPTER 742

AN ACT relating to motor vehicle carriers; allowing certain contracts with political subdivisions of the state for tow car services to remain valid until January 1, 1974; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 706.446 is hereby amended to read as follows:

      706.446  1.  Any person who was engaged in the transportation of vehicles by the use of a tow car with an unladened weight of less than 9,000 pounds, on or before January 1, 1971, and who held himself out for hire for such towing, shall be granted a certificate of public convenience and necessity if an application therefor:

      (a) Is made within 90 days after July 1, 1971;

      (b) Is accompanied by a filing fee of $25; and

      (c) Contains satisfactory evidence of a lawful nature and scope of the applicant’s operation existing on or before January 1, 1971.

      2.  Before issuing any certificate of public convenience and necessity for the transportation of vehicles by tow car, the commission shall set the rate levels and storage charges under which such operation may be conducted, but the commission shall not be precluded from establishing rate areas.

      3.  When issued, a certificate of public convenience and necessity shall authorize the recipient to operate within the territory which the applicant substantiates by documentation between January 1, 1968, and January 1, 1971.


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

ê1973 Statutes of Nevada, Page 1525 (Chapter 742, AB 879)ê

 

      4.  Any person who on July 1, 1971, holds a valid certificate of public convenience and necessity issued by the commission for the operation of a tow car with an unladened weight of 9,000 pounds or more shall be granted the authority to operate a tow car with an unladened weight of less than 9,000 pounds within the territory substantiated under subsection 3, but in no event less than the territory set forth in such certificate of public convenience and necessity.

      5.  The provisions of this section do not apply to rates or contracts for tow services rendered for a licensed motor club regulated under chapter 696A of NRS.

      [6.  Notwithstanding the provisions of this section, any contract validly entered into prior to March 1, 1971, for tow car services shall remain valid until its normal expiration by its terms, but in no event for more than 2 years from July 1, 1971.]

      Sec. 2.  Notwithstanding the provisions of NRS 706.446, any contract validly entered into prior to March 1, 1971, with a political subdivision of this state for tow car services shall remain valid until the expiration of the contract according to its terms or January 1, 1974, whichever is earlier.

 

________

 

 

CHAPTER 743, AB 965

Assembly Bill No. 965–Committee on Ways and Means

CHAPTER 743

AN ACT authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1973, and ending June 30, 1974, and beginning July 1, 1974, and ending June 30, 1975; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  Expenditure of the following sums not appropriated from the general fund or the state highway fund in the state treasury is hereby authorized during the fiscal years beginning July 1, 1973, and ending June 30, 1974, and beginning July 1, 1974, and ending June 30, 1975, by the various officers, departments, boards, agencies, commissions and institutions of the state government hereinafter mentioned:

 

                                                                                                                 1973-74             1974-75

Office of the governor

      Urban planning.......................................................................      $52,726                                                                                             $54,458

      Comprehensive statewide planning....................................        12,168                                                                                             12,300

      Manpower planning council................................................      128,108                                                                                             128,024

State controller..............................................................................        75,000                                                                                             75,000

Attorney general

      Administration........................................................................      354,347                                                                                             354,750

      Private detective.....................................................................           9,902                                                                                             9,946


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

ê1973 Statutes of Nevada, Page 1526 (Chapter 743, AB 965)ê

 

                                                                                                                 1973-74             1974-75

Department of administration

      Budget division.......................................................................        $6,250                                                                                             $6,250

             Insurance premium revolving fund..............................      388,644                                                                                             388,644

      Personnel division..................................................................      589,976                                                                                             627,810

             Intergovernmental personnel........................................        90,690                                                                                             93,304

Department of general services

      Director’s office......................................................................        45,657                                                                                             44,771

      Purchasing division................................................................      428,805                                                                                             440,746

             Surplus administration....................................................        78,122                                                                                             84,414

             Commodity food program............................................      168,038                                                                                             169,362

      Buildings and grounds division............................................   1,340,742                                                                                             1,443,365

             General services working capital fund.........................   1,065,866                                                                                             1,079,598

             Statewide leases...............................................................      555,224                                                                                             555,244

             Motor pool........................................................................      612,595                                                                                             646,455

             Marlette Lake water system..........................................        37,888                                                                                             42,098

      Records management services division.............................      128,122                                                                                             135,170

      Central data processing division.........................................   1,095,442                                                                                             1,195,125

      Accounting division...............................................................        92,550                                                                                             100,994

      State printing division............................................................      785,644                                                                                             866,344

Computer facility.........................................................................   1,137,484                                                                                             1,451,345

Nevada tax commission.............................................................      103,500                                                                                             103,500

Public defender.............................................................................        93,816                                                                                             100,125

District judges’ travel...................................................................              400                                                                                             400

Legislative fund

      Audit division..........................................................................           5,000                                                                                             5,000

      Legal division..........................................................................        50,297                                                                                             50,993

      Statute revision operation....................................................      473,506                                                                                             386,024

State department of education

      Administration........................................................................      377,765                                                                                             386,505

      Vocational education............................................................   1,358,137                                                                                             1,489,514

      Manpower development and training................................      599,112                                                                                             599,169

      Adult basic education...........................................................      221,326                                                                                             221,343

      Fleischmann scholarships.....................................................      234,793                                                                                             234,856

      Teacher training for handicapped children.......................        70,394                                                                                             70,798

      National Defense Education Act........................................      110,000                                                                                             110,000

      Elementary and secondary education act........................   2,614,523                                                                                             2,620,720

      School lunch program...........................................................   1,000,000                                                                                             1,080,000

      Indian education....................................................................      200,000                                                                                             200,000

      Education professions development act...........................        31,094                                                                                             32,181

      Education civil rights-Title IV..............................................        34,358                                                                                             35,336

      Western states small schools project..................................      269,722                                                                                             269,972

      Higher education student loan fund...................................        89,410                                                                                             109,410


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

ê1973 Statutes of Nevada, Page 1527 (Chapter 743, AB 965)ê

 

                                                                                                                 1973-74             1974-75

Advisory council for career education.....................................      $32,000                                                                                             $32,160

Western interstate commission for higher education.............      161,794 ----------

University of Nevada System

      University of Nevada, Reno-Instruction...........................   3,450,415                                                                                             3,481,050

      University of Nevada, Las Vegas-Instruction..................   2,023,630                                                                                             2,131,000

      Northern Nevada community college................................        42,000                                                                                             48,000

      Clark County community college.......................................      264,000                                                                                             352,800

      Western Nevada community college.................................      192,000                                                                                             264,000

      Agricultural experiment........................................................      632,649                                                                                             632,649

      Cooperative extension service.............................................      514,880                                                                                             514,880

Nevada historical society............................................................           8,000                                                                                             8,000

Nevada state museum................................................................        10,390                                                                                             10,946

Nevada council on the arts.........................................................      150,000                                                                                             150,000

Nevada bicentennial commission.............................................        45,000                                                                                             45,000

Nevada state library....................................................................        68,482                                                                                             67,582

      Physically handicapped library services............................        10,000                                                                                             10,000

      Library service improvement program..............................      135,800                                                                                             136,700

      Library services and construction-federal.........................      110,003                                                                                             110,003

      State institutions library services.........................................        32,800                                                                                             32,800

      Library cooperation...............................................................        63,843                                                                                             66,114

Department of health, welfare and rehabilitation

      Aging services.........................................................................   1,223,635                                                                                             1,200,000

      Comprehensive health planning.........................................      104,000                                                                                             104,400

      Health division

             Office of state health officer.........................................        58,818                                                                                             58,818

             Dental health....................................................................        74,688                                                                                             74,688

             Medical laboratory certification and improvement..           3,500                                                                                             3,500

             Bureau of laboratory and research..............................        42,406                                                                                             42,406

             Maternal, child and school health and special children’s services     ...................................................................................... 608,449...................................................................................... 612,946

             Environmental health.....................................................      200,315                                                                                             186,046

             Milk inspection revolving fund.....................................           1,000                                                                                             1,000

             Community health services...........................................      332,433                                                                                             327,433

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

             Immunization program..................................................        30,705                                                                                             31,631

             Bureau of health facilities..............................................        95,113                                                                                             95,113


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

ê1973 Statutes of Nevada, Page 1528 (Chapter 743, AB 965)ê

 

                                                                                                                 1973-74             1974-75

      Division of mental hygiene-mental retardation

             Nevada mental health institute.....................................    $225,000                                                                                             $225,000

             Hospital improvement program...................................        99,155                                                                                             99,017

             Inservice education.........................................................        24,808                                                                                             24,786

             Reno mental health center.............................................           7,000...................................................................................... 7,000

             Las Vegas mental health center....................................        20,000...................................................................................... 20,000

             Clark County emotionally disturbed children’s program              ...................................................................................... 129,748...................................................................................... 171,881

             Rural clinics......................................................................      196,472...................................................................................... 181,864

             Mental retardation centers.............................................      108,495...................................................................................... 108,237

             Community awareness program..................................        90,275...................................................................................... 97,181

             Community training center fund..................................        75,000...................................................................................... 75,000

      Welfare division

             Welfare administration...................................................   3,654,359...................................................................................... 3,950,712

             Aid to dependent children..............................................   5,187,864...................................................................................... 5,447,354

             Aid to the blind.................................................................        40,500 ----------

             Old-age assistance...........................................................      885,000 ----------

             Child welfare services.....................................................      289,536...................................................................................... 302,720

             Work incentive program.................................................        53,507...................................................................................... 53,507

             Medical care unit, Title XIX.......................................... 12,741,544...................................................................................... 14,313,833

             Homemaking services....................................................      178,131...................................................................................... 198,935

             Federal Cuban refugee program...................................      331,504...................................................................................... 333,247

             United States Indian services........................................      151,780...................................................................................... 153,966

             Food stamp program......................................................      126,717...................................................................................... 126,717

      Rehabilitation division..........................................................   1,347,062...................................................................................... 1,305,390

             OASI determination unit................................................      260,542...................................................................................... 265,244

             Development disabilities................................................      100,000...................................................................................... 100,000

      Alcoholism and drug rehabilitation....................................      353,677...................................................................................... 353,677

             Alcoholism rehabilitation O.E.O...................................        39,815...................................................................................... 41,280

      Services to the blind division................................................      175,809...................................................................................... 165,809

      Nevada youth training center division...............................        40,000...................................................................................... 40,000

             Youth training center vocational development.........      110,156...................................................................................... 112,856

      Nevada girls training center division counseling...............        12,500...................................................................................... 12,500

      Office of economic opportunity.........................................      108,002...................................................................................... 111,591

Nevada state prison.....................................................................      209,550...................................................................................... 297,350

Parole and probation...................................................................        61,734...................................................................................... 50,000

Commission on crimes, delinquency and corrections...........      205,487...................................................................................... 205,489

      Crime commission identification and communications division       ...................................................................................... 55,333 60,866

      Crime commission federal grants.......................................   1,550,433...................................................................................... 1,791,315


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

ê1973 Statutes of Nevada, Page 1529 (Chapter 743, AB 965)ê

 

                                                                                                                 1973-74             1974-75

Department of the military.........................................................    $227,153...................................................................................... $226,406

      Civil defense and disaster agency.......................................        46,527...................................................................................... 47,775

      Radiological instrument maintenance and calibration program       ...................................................................................... 62,186 64,674

      Emergency planning program.............................................        24,260...................................................................................... 24,962

Department of commerce

      State fire marshal...................................................................        69,647...................................................................................... 87,200

      Real estate investigative fund.............................................           1,000...................................................................................... 1,000

      Real estate recovery..............................................................        20,000...................................................................................... 20,000

      Real estate education, research and recovery..................        31,000...................................................................................... 32,000

      Real estate education and research....................................        32,000...................................................................................... 31,100

      Banking and savings and loan divisions...........................           5,000...................................................................................... 5,000

Public service commission of Nevada......................................      673,080...................................................................................... 716,979

Taxicab authority........................................................................      185,615...................................................................................... 190,102

Nevada athletic commission......................................................        51,607...................................................................................... 51,655

Hoisting engineers license fund..................................................           3,756...................................................................................... 3,756

Nevada racing commission........................................................        11,041...................................................................................... 11,000

Department of conservation and natural resources

      Division of water resources..................................................        65,000...................................................................................... 65,000

      Division of forestry................................................................      443,961...................................................................................... 472,461

             Forest fire suppression....................................................        35,000...................................................................................... 35,000

             Forest pest control...........................................................        10,000...................................................................................... 10,000

             Forest and watershed rehabilitation.............................           5,000...................................................................................... 5,000

             Honor camp fund............................................................        20,000...................................................................................... 20,000

      Oil and gas conservation commission................................           1,493...................................................................................... 1,493

      Park historic preservation program.....................................        88,000...................................................................................... 88,000

      Land and water conservation program.............................        16,761...................................................................................... 17,317

Nevada department of fish and game.....................................   2,919,656...................................................................................... 3,022,869

      Fish and game boat act........................................................      241,000...................................................................................... 246,000

      Fish and game upland game birds......................................        20,000...................................................................................... 20,000

Colorado River commission.......................................................      246,609...................................................................................... 255,409

State department of agriculture

      Apiary inspection fund.........................................................        11,218...................................................................................... 9,048

      Plant industry fund................................................................        41,491...................................................................................... 41,957

      Agricultural registration and enforcement fund...............        70,966...................................................................................... 67,693

      Livestock inspection fund....................................................      322,470...................................................................................... 306,986

      Insect abatement...................................................................        45,000...................................................................................... 45,000

Sheep inspection fund.................................................................        41,935...................................................................................... 41,935

Woolgrowers predatory animal control committee...............        68,975...................................................................................... 68,904


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

ê1973 Statutes of Nevada, Page 1530 (Chapter 743, AB 965)ê

 

                                                                                                                 1973-74             1974-75

State dairy commission...............................................................    $205,711...................................................................................... $209,575

Department of highways............................................................ 59,590,856...................................................................................... 59,205,413

Department of motor vehicles

      Highway safety program......................................................      102,299...................................................................................... 102,722

      Nevada highway patrol special fund.................................   1,540,974...................................................................................... 1,552,223

Employment security department

      Unemployment compensation administration................   7,638,813...................................................................................... 8,216,559

      OASI administration.............................................................           3,500...................................................................................... 3,500

Public employees’ retirement board.........................................      385,346...................................................................................... 347,067

Regional plumbing boards..........................................................        12,000...................................................................................... 6,000

Professional and vocational boards and commissions

      Board of registration for public health sanitarians..........           2,000...................................................................................... 2,000

      Nevada state board of accountancy.................................        35,000...................................................................................... 37,500

      State board of architecture of Nevada..............................        23,850...................................................................................... 24,400

      State barbers’ health and sanitation board.......................        10,600...................................................................................... 10,600

      State board of examiners in the basic sciences................           5,500...................................................................................... 5,500

      State board of podiatry........................................................              232...................................................................................... 232

      State board of chiropractic examiners...............................           9,100...................................................................................... 9,200

      State contractors’ board.......................................................      291,512...................................................................................... 291,512

      State board of cosmetology.................................................        85,000...................................................................................... 99,500

      Board of dental examiners of Nevada..............................        11,010...................................................................................... 11,010

      State board of registered professional engineers..............        41,300...................................................................................... 42,450

      State board of funeral directors and embalmers.............           2,550...................................................................................... 2,550

      Nevada liquefied petroleum gas board..............................        15,541...................................................................................... 15,541

      Board of medical examiners of the State of Nevada.....        29,455...................................................................................... 29,755

      State board of nursing...........................................................        46,730...................................................................................... 45,580

      Board of dispensing opticians.............................................              795...................................................................................... 795

      Nevada state board of optometry......................................           5,550...................................................................................... 6,300

      State board of osteopathy...................................................              500...................................................................................... 500

      State board of pharmacy.....................................................        59,100...................................................................................... 60,000

      State board of physical therapy examiners......................              500...................................................................................... 500

      Board of psychological examiners.....................................              500...................................................................................... 500

      Nevada state board of veterinary medical examiners....           4,000...................................................................................... 4,000


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

ê1973 Statutes of Nevada, Page 1531 (Chapter 743, AB 965)ê

 

      Sec. 2.  1.  Expenditures of $1,915,490 by the Nevada gaming control board from the general fund in the state treasury pursuant to the provisions of NRS 463.330 are hereby authorized during the fiscal year beginning July 1, 1973, and ending June 30, 1974.

      2.  Expenditures of $1,933,771 by the Nevada gaming control board from the general fund in the state treasury pursuant to the provisions of NRS 463.330 are hereby authorized during the fiscal year beginning July 1, 1974, and ending June 30, 1975.

      Sec. 3.  The funds authorized to be expended by the provisions of sections 1, 2 and 4 (except the legislative fund) shall be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      Sec. 4.  Expenditure of $684,000 by the state parks division of the department of conservation and natural resources for marina development is hereby authorized for the biennium beginning July 1, 1973, and ending June 30, 1975.

      Sec. 5.  1.  Except as provided in subsection 2, the chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amount authorized in sections 1, 2 and 4 for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized in sections 1, 2 and 4.

      2.  The director of the legislative counsel bureau may, with the approval of the legislative commission, authorize the augmentation of the amount authorized in section 1 to the legislative fund for expenditures by the legislative counsel bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The director of the legislative counsel bureau shall reduce the authorization whenever he determines that funds to be received will be less than the amount so authorized in section 1.

      Sec. 6.  Where the operation of an office, department, board, agency, commission or institution or a program is financed by an appropriation or appropriations from the general fund in the state treasury as well as by funds received from other sources, the portion provided by appropriation from the general fund in the state treasury shall be decreased to the extent that the receipt of the funds from other sources approved by this act are exceeded, but such decrease shall not jeopardize the receipt of such funds to be received from other sources.

 

________


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

ê1973 Statutes of Nevada, Page 1532ê

 

CHAPTER 744, AB 947

Assembly Bill No. 947–Committee on Ways and Means

CHAPTER 744

AN ACT relating to actions and claims against the state or its political subdivisions; permitting an award to include interest computed from the date of judgment; removing the prohibition against any award which includes interest prior to judgment; increasing the maximum amount of any administrative claim allowable by the state board of examiners; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 41.035 is hereby amended to read as follows:

      41.035  1.  No award for damages in an action sounding in tort brought under NRS 41.031 may exceed the sum of $25,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. No such award may include any amount as exemplary or punitive damages. [or as interest prior to judgment.]

      2.  The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:

      (a) Any public or quasi-municipal corporation organized under the laws of this state.

      (b) Any person with respect to any land or water leased or otherwise made available by such person to any public agency.

      (c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph shall not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.

The legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other waters owned or controlled by any public or quasi-municipal agency or corporation of this state, wherever such land or water may be situated.

      Sec. 2.  NRS 41.037 is hereby amended to read as follows:

      41.037  Upon receiving the report of findings as provided in subsection 2 of NRS 41.036, the state board of examiners may allow and approve any claim against the state or any of its agencies arising under NRS 41.031 to the extent of [$1,000.] $15,000. Upon approval of any claim by the state board of examiners, the state controller shall draw his warrant for the payment thereof, and the state treasurer shall pay the same from the reserve for statutory contingency fund. The governing body of any political subdivision whose authority to allow and approve claims is not otherwise fixed by statute may allow and approve any claim against that subdivision arising under NRS 41.031 to the extent of [$1,000] $15,000 and pay it from any funds appropriated or lawfully available for such purpose.

 

________


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

ê1973 Statutes of Nevada, Page 1533ê

 

CHAPTER 745, AB 949

Assembly Bill No. 949–Committee on Transportation

CHAPTER 745

AN ACT relating to violations of traffic laws and ordinances; requiring juvenile courts to report to department of motor vehicles any finding that a child has committed a moving traffic violation; clarifying the inclusion of such juvenile court findings in applying the system of demerit points and driver’s license revocations and suspensions by the department; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 62.083 is hereby amended to read as follows:

      62.083  Whenever any child is found to have violated a traffic law or ordinance, the judge, or his duly authorized representative, shall forward to the department of motor vehicles, in the form required by NRS 483.450, a record of such violation, other than violation of a law or ordinance governing standing or parking, and may, in his discretion, [may] do one, some or all of the following:

      1.  Impose a fine.

      2.  Recommend to the department of motor vehicles the suspension or revocation of the child’s operator’s license.

      3.  Order the child placed on probation and require his successful completion of a traffic survival school approved by the judge.

      4.  Order as a condition of probation that the child or his parents pay the reasonable cost or a part thereof of the child’s attending the approved traffic survival school.

      Sec. 2.  NRS 62.270 is hereby amended to read as follows:

      62.270  1.  The court shall make and keep records of all cases brought before it. [The] Except for records of traffic violations forwarded to the department of motor vehicles, the records shall be open to inspection only by order of the court to persons having a legitimate interest therein. The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.

      2.  Whenever the conduct of a juvenile with respect to whom the jurisdiction of the juvenile court has been invoked may be the basis of a civil action, any party to such civil action may petition the court for release of the name of the child, and upon satisfactory showing to the court that the purpose in obtaining such information is for use in a civil action brought or to be brought in good faith, the court shall order the release of the name of such child and authorize its use in such civil action.

      Sec. 3.  NRS 483.450 is hereby amended to read as follows:

      483.450  1.  Whenever any person is convicted of any offense for which NRS 483.010 to 483.630, inclusive, make mandatory the revocation of the driver’s license of such person by the department, the court in which such conviction is had shall require the surrender to it of all drivers’ licenses then held by the person so convicted, and the court shall thereupon, within 5 days, forward the same, together with a record of such conviction, to the department.

      2.  Such record of conviction shall be made upon a form furnished by the department and shall include the name and address of the person charged, the number of his driver’s license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or a statement that bail was forfeited, the amount of the fine or forfeiture, and a statement that the license was revoked or suspended as the case may be.


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

ê1973 Statutes of Nevada, Page 1534 (Chapter 745, AB 949)ê

 

charged, the number of his driver’s license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or a statement that bail was forfeited, the amount of the fine or forfeiture, and a statement that the license was revoked or suspended as the case may be.

      3.  Every court, including a juvenile court, having jurisdiction over offenses committed under NRS 483.010 to 483.630, inclusive, or any other law of this state or municipal ordinance regulating the operation of motor vehicles on highways, shall, within 5 days, forward to the department:

      (a) If the court is other than a juvenile court, a record of the conviction of any person in such court for a violation of any such laws other than regulations governing standing or parking [,] ; or

      (b) If the court is a juvenile court, a record of any finding that a child has violated a traffic law or ordinance other than one governing standing or parking,

and may recommend the suspension of the driver’s license of the person so convicted [.] or child so found in violation of a traffic law or ordinance.

      4.  For the purposes of NRS 483.010 to 483.630, inclusive, the term “conviction” means a final conviction [.] , and includes a finding by a juvenile court pursuant to NRS 62.083. Also, for the purpose of NRS 483.010 to 483.630, inclusive, a forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, which forfeiture has not been vacated, is equivalent to a conviction.

      5.  The necessary expenses of mailing licenses and records of conviction to the department as required by subsections 1 and 3 of this section shall be paid by the court charged with the duty of forwarding such licenses and records of conviction.

      Sec. 4.  NRS 483.470 is hereby amended to read as follows:

      483.470  1.  The department is hereby authorized to suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:

      (a) Has committed an offense for which mandatory revocation of license is required upon conviction;

      (b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;

      (c) Is an habitually reckless or negligent driver of a motor vehicle;

      (d) Is an habitual violator of the traffic laws;

      (e) Is physically or mentally incompetent to drive a motor vehicle;

      (f) Has permitted an unlawful or fraudulent use of such license; or

      (g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation.

      2.  As used in this section, “traffic violation” means conviction on a charge involving a moving traffic violation in any municipal court, justice’s court or district court in the State of Nevada [.] , and includes a finding by a juvenile court pursuant to NRS 62.083 that a child has violated a traffic law or ordinance other than one governing standing or parking.

      3.  The department shall establish a uniform system of demerit points for various traffic violations occurring within the State of Nevada affecting any holder of a driver’s license issued by the department.


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

ê1973 Statutes of Nevada, Page 1535 (Chapter 745, AB 949)ê

 

      4.  Such system shall be a running system of demerits covering a period of 12 months next preceding any date on which a licensee may be called before the department to show cause as to why his driver’s license should not be suspended.

      5.  Such system shall be uniform in its operation and the department shall set up a system of demerits for each traffic violation coming under this section, depending upon the gravity of such violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. Details of the violation shall be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.

      6.  When any driver has accumulated three or more demerit points, but less than 12, the department shall notify him of this fact. If the driver presents proof to the department that he has successfully completed a traffic safety school course, approved by the department, for the number of hours prescribed by the course, with the approval of the department as constituting a course of instruction, the department shall cancel the three most recently acquired demerit points from his driving record, pursuant to this subsection, during a 12-month period; but if such driver accumulates 12 demerit points before completing the traffic safety school, he will not be entitled to have demerit points canceled upon completion of such course, but shall have his license suspended. A person shall be allowed to attend only once in 12 months for the purpose of reducing his demerit points.

      7.  Any three-demerit-point reduction shall apply only to the demerit record of the driver and shall not affect his driving record with the department or insurance record.

      8.  When any licensee has accumulated 12 demerit points the department shall suspend the license of such licensee until the total of his demerits has dropped below 12 demerits in the next preceding 12 months.

      9.  The director of the department of motor vehicles is hereby empowered to set up a scale of demerit values for each traffic violation.

      10.  Upon suspending the license of any person as authorized in this section, the department shall immediately notify the licensee in writing, and upon his request shall afford him an opportunity for a hearing as early as practical within not to exceed 20 days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the administrator, or his duly authorized agent, may administer oaths and may issue subpenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee. Upon such hearing the department shall either rescind its order of suspension or, good cause appearing therefor, may extend the suspension of such license or revoke such license.

      Sec. 5.  This act shall become effective at 12:01 a.m. on July 1, 1973.

 

________


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

ê1973 Statutes of Nevada, Page 1536ê

 

CHAPTER 746, AB 906

Assembly Bill No. 906–Committee on Commerce

CHAPTER 746

AN ACT regulating mortgage companies; requiring licenses for mortgage companies; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 24, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires:

      1.  “Commissioner” means the commissioner of savings associations.

      2.  “Mortgage company” means any person who, either on his own account or as an agent, provides funds for investment in loans secured by a lien on property, or who, in conjunction with such lending business, collects any funds which are:

      (a) In payment of the principal or interest on such loans on behalf of another person; or

      (b) In payment for any taxes or insurance premiums on property purchased through the use of such loans.

      Sec. 3.  It is unlawful for any person, unless exempted under section 19 of this act, to charge a fee for mortgage company services or to engage in or carry on, or hold himself out as engaging in or carrying on, the mortgage company business without first obtaining a license as a mortgage company.

      Sec. 4.  1.  A license as a mortgage company may be obtained by filing a written application in the office of the commissioner.

      2.  The application shall:

      (a) Be verified.

      (b) State the location of the applicant’s principal office and branch offices in the state.

      (c) State the name under which the applicant will conduct business.

      (d) List the names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees and directors, specifying the capacity and title of each.

      (e) Indicate the general plan and character of the business.

      (f) State the length of time the applicant has been engaged in the mortgage company business.

      (g) Require a financial statement of the applicant.

      (h) Require such other information as the commissioner determines necessary.

      3.  If the commissioner determines after investigation that the experience, character, financial condition, business reputation and general fitness of the applicant are such as to command the confidence of the public and to warrant the belief that the handling of moneys deposited for taxes and insurance premiums will protect and safeguard the public, he shall issue a license to the applicant as a mortgage company.


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

ê1973 Statutes of Nevada, Page 1537 (Chapter 746, AB 906)ê

 

      Sec. 5.  1.  At the time of filing an application for a mortgage company’s license, the applicant shall deposit with the commissioner a corporate surety bond payable to the State of Nevada, in an amount, to be determined by the commissioner, no less than $50,000, and executed by a corporate surety satisfactory to the commissioner.

      2.  The bond shall be in substantially the following form:

 

      Know All Men By These Presents, that …………………………, as principal, and …………………………, as surety, are held and firmly bound unto the State of Nevada for the use and benefit of any injured person, in the sum of ……………….., lawful money of the United States of America, to be paid to the State of Nevada for the use and benefit aforesaid, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

      The condition of the above obligation is such that: Whereas, the principal has made application to the commissioner of savings associations of the State of Nevada for a license as a mortgage company and is required to furnish a bond in the sum above named, conditioned as herein set forth:

      Now, therefore, if the principal, his agents and employees, strictly, honestly and faithfully comply with the provisions of sections 2 to 24, inclusive, of this act and pay all damages suffered by any person by reason of the violation of any of the provisions of sections 2 to 24, inclusive, of this act, or by reason of any fraud, dishonesty, misrepresentation or concealment of material facts growing out of any transaction governed by the provisions of sections 2 to 24, inclusive, of this act, then this obligation shall be void; otherwise to remain in full force and effect.

      This bond shall become effective on the ………. day of ……….………., 19….., and shall remain in force until the surety is released from liability by the commissioner or until this bond is canceled by the surety. The surety may cancel this bond and be relieved of further liability hereunder by giving 30 days’ written notice to the principal and to the commissioner of savings associations of the State of Nevada.

      This bond shall be one continuing obligation, and the liability of the surety for the aggregate of any and all claims which may arise hereunder shall in no event exceed the amount of the penalty hereof.

      In Witness Whereof, the seal and signature of the principal hereto is affixed, and the corporate seal and the name of the surety hereto is affixed and attested by its duly authorized officers at ……….……….………. , Nevada, this ………. day of ……….……….,19……

                                                                                                ............................................. (Seal)

                                                                                                              Principal

                                                                                                ............................................. (Seal)

                                                                                                                Surety

                                                                                                        By .......................................

                                                                                                                      Attorney in fact

                                                                                                        ...............................................

                                                                                                           Licensed resident agent


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

ê1973 Statutes of Nevada, Page 1538 (Chapter 746, AB 906)ê

 

      Sec. 6.  If the commissioner determines that a bond on deposit pursuant to the provisions of section 5 of this act is insufficient to protect the public interest, he shall require an additional bond to be deposited.

      Sec. 7.  1.  The mortgage company’s license shall expire June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing a renewal application, submitting a satisfactory independent audit by a certified public accountant and paying the annual license fee for the succeeding year.

      2.  The filing fees shall be:

      (a) For filing an original or renewal application, $100 for the principal office and $35 for each branch office.

      (b) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.

      3.  All fees received under sections 2 to 24, inclusive, of this act shall be deposited in the state treasury to the credit of the general fund.

      Sec. 8.  All mortgage companies shall keep and maintain at all times in their principal places of business complete and suitable records of all mortgage transactions made by them, together with books, papers and data clearly reflecting the financial condition of the business of such companies. Every mortgage company shall, at the times required by the commissioner, make and file in the office of the commissioner a true and correct statement, in the form and containing the data the commissioner may require, of the business of the mortgage company.

      Sec. 9.  1.  Subject to the administrative control of the director of the department of commerce, the commissioner shall exercise general supervision and control over mortgage companies doing business in the State of Nevada.

      2.  In addition to the other duties imposed upon him by law, the powers and duties of the commissioner are:

      (a) To make reasonable rules and regulations as may be necessary for making effective sections 2 to 24, inclusive, of this act, except as to loan brokerage fees.

      (b) To conduct such investigations as may be necessary to determine whether any person has violated any provision of sections 2 to 24, inclusive, of this act.

      (c) To conduct such examinations, investigations and hearings, in addition to those specifically provided for by law, as may be necessary and proper for the efficient administration of the mortgage company laws of this state.

      (d) To classify as confidential certain records and information obtained by the division when such matters are obtained from a governmental agency upon the express condition that they shall remain confidential. This paragraph does not limit examination by the fiscal analyst.

      Sec. 10.  1.  In the conduct of any examination, investigation or hearing, the commissioner may:

      (a) Compel the attendance of any person by subpena.

      (b) Administer oaths.

      (c) Examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of sections 2 to 24, inclusive, of this act, and in connection therewith require the production of any books, records or papers relevant to the inquiry.


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

ê1973 Statutes of Nevada, Page 1539 (Chapter 746, AB 906)ê

 

inclusive, of this act, and in connection therewith require the production of any books, records or papers relevant to the inquiry.

      2.  Every person subpenaed under the provisions of this section who willfully refuses or willfully neglects to appear at the time and place named in the subpena or to produce books, records or papers required by the commissioner, or who refuses to be sworn or answer as a witness, is guilty of a misdemeanor.

      3.  The cost of any examination, investigation or hearing conducted under sections 2 to 24, inclusive, of this act may be assessed to and collected from the mortgage company in question by the commissioner.

      Sec. 11.  1.  Grounds for refusing to license any person as a mortgage company and grounds for suspending any license in any proceedings under chapter 233B of NRS are that the applicant or licensee:

      (a) Is insolvent;

      (b) Is of bad business repute or has demonstrated his unworthiness to transact the business of a mortgage company;

      (c) Does not conduct his business in accordance with law or has violated any provisions of sections 2 to 24, inclusive, of this act;

      (d) Is in such financial condition that he cannot continue in business with safety to his customers;

      (e) Has been guilty of fraud in connection with any transaction governed by sections 2 to 24, inclusive, of this act;

      (f) Has made any misrepresentations or false statement to, or concealed any essential or material fact from, any person in the course of the mortgage company business;

      (g) Has knowingly made or caused to be made to the commissioner any false representation of material fact or has suppressed or withheld from the commissioner any information which the applicant or licensee possesses, and which if submitted by him would have rendered the applicant or licensee ineligible to be licensed under sections 2 to 24, inclusive, of this act;

      (h) Has failed to account to persons interested for all funds received for the impound trust account;

      (i) Has refused to permit an examination by the commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the commissioner under the provisions of sections 2 to 24, inclusive, of this act; or

      (j) Has been convicted of a felony or any misdemeanor of which an essential element is fraud.

      2.  It is sufficient cause for refusal or revocation of a license in the case of a partnership or corporation or any unincorporated association if any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission which would be cause for refusing or revoking the registration of an individual.

      Sec. 12.  1.  Notice of the entry of any order of suspension or of refusing a license to any mortgage company shall be given in writing, served personally or sent by certified mail or by telegraph to the company affected.


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

ê1973 Statutes of Nevada, Page 1540 (Chapter 746, AB 906)ê

 

      2.  The company, upon application, is entitled to a hearing; but if no such application is made within 20 days after the entry of an order of suspension or of refusing a license of any company, the commissioner shall enter a final order in either case.

      Sec. 13.  1.  The commissioner may investigate either upon complaint or otherwise when it appears that a mortgage company is conducting its business in an unsafe and injurious manner or in violation of sections 2 to 24, inclusive, of this act or the regulations promulgated thereunder by the commissioner, or when it appears that any person is engaging in the mortgage company business without being licensed under the provisions of those sections.

      2.  If upon investigation it appears that such company is so conducting its business or an unlicensed person is engaged in the mortgage company business, the commissioner may:

      (a) Advise the district attorney of the county in which the business is conducted, and the district attorney shall cause the appropriate legal action to be taken to enjoin the operation of the business or prosecute the violations of sections 2 to 24, inclusive, of this act; and

      (b) Bring suit in the name and on behalf of the State of Nevada against such person and any other person concerned in or in any way participating in or about to participate in such unsafe or injurious practices or action in violation of sections 2 to 24, inclusive, of this act or regulations thereunder to enjoin any such person from continuing such practices or engaging therein or doing any such act.

      3.  If the commissioner brings suit, the district court of any county of this state is hereby vested with the jurisdiction in equity to restrain unsafe, injurious or illegal practices or transactions and may grant injunctions to prevent and restrain such practices or transactions. The court may, during the pendency of the proceedings before it, issue such temporary restraining orders as may appear to be just and proper; and the findings of the commissioner shall be deemed to be prima facie evidence and sufficient grounds, in the discretion of the court, for the issue ex parte of a temporary restraining order. In any such court proceedings the commissioner may apply for and on due showing is entitled to have issued the court’s subpena requiring forthwith the appearance of any defendant and his employees and the production of documents, books and records as may appear necessary for the hearing of such petition, to testify and give evidence concerning the acts or conduct or things complained of in such application for injunction.

      Sec. 14.  1.  An appeal may be taken by any person interested from any final decision of the commissioner to the district court in the county in which the party adversely affected by the decision resides or has his place of business by serving upon the commissioner within 10 days after notice of the entry of the order a written notice of the appeal, stating the grounds upon which a reversal of the final order is sought and accompanied by a demand in writing for a certified transcript of the record and of all papers on file in the office of the commissioner affecting or relating to the decision, and all the evidence taken on the hearing, and paying not more than 25 cents for each folio of the transcript and $1 for the certification thereof.


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ê1973 Statutes of Nevada, Page 1541 (Chapter 746, AB 906)ê

 

more than 25 cents for each folio of the transcript and $1 for the certification thereof. The commissioner shall within 30 days make and certify such transcript.

      2.  The appellant shall, within 5 days after receiving the transcript, file the transcript and the notice of appeal with the clerk of the court, which notice of appeal shall stand as appellant’s complaint. Thereupon the cause shall be entered on the trial calendar of the court for trial de novo and shall be given precedence by the court over other matters pending except criminal cases.

      3.  The court shall receive and consider any pertinent evidence, oral or documentary, concerning the order of the commissioner from which the appeal is taken.

      4.  An appeal from an order of the commissioner shall be treated as a proceeding in equity.

      5.  Any order of the commissioner which finally limits or adversely determines the rights of any interested person is a “final order” as to such person.

      Sec. 15.  1.  If the order of the commissioner is reversed, the court shall by its mandate specifically direct the commissioner as to his further action in the matter including the making and entering of any order in connection therewith and the conditions, limitations or restrictions to be therein contained; but the commissioner is not thereby barred from thereafter revoking or altering the order for any proper cause which may thereafter accrue or be discovered.

      2.  If the order is affirmed, the appellant is not barred after 30 days from filing a new application if the application is not otherwise barred or limited.

      3.  The appeal shall not suspend the operation of the order appealed from during the pendency of the appeal except upon proper order of the court.

      4.  An appeal may be taken from the judgment of the district court on the same terms and conditions as an appeal is taken in civil actions.

      Sec. 16.  1.  When the commissioner ascertains by examination or otherwise that the assets or capital of any mortgage company are impaired or that a mortgage company’s affairs are in an unsafe condition, he may immediately take possession of all the property, business and assets of the company which are located in this state and retain possession of them pending further proceedings provided for in sections 2 to 24, inclusive, of this act.

      2.  If the board of directors or any officer or person in charge of the offices of such company refuses to permit the commissioner to take possession of its property, the commissioner shall communicate such fact to the attorney general. Thereupon the attorney general shall immediately institute such proceedings as may be necessary to place the commissioner in immediate possession of the property of the company. The commissioner thereupon shall make or have made an inventory of the assets and known liabilities of the company.

      3.  The commissioner shall file one copy of the inventory in his office and one copy in the office of the clerk of the district court of the county in which the principal office of the company is located and shall mail one copy to each stockholder, partner, officer or associate of the mortgage company at his last-known address.


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ê1973 Statutes of Nevada, Page 1542 (Chapter 746, AB 906)ê

 

in which the principal office of the company is located and shall mail one copy to each stockholder, partner, officer or associate of the mortgage company at his last-known address.

      4.  The clerk of the court with which the copy of the inventory is filed shall file it as any other case or proceeding pending in the court and shall give it a docket number.

      Sec. 17.  1.  The officers, directors, partners, associates or stockholders of the mortgage company may, within 60 days from the date when the commissioner takes possession of the property, business and assets, make good any deficit which may exist or remedy the unsafe condition of its affairs.

      2.  At the expiration of such time, if the deficiency in assets or capital has not been made good or the unsafe condition remedied, the commissioner may apply to the court to be appointed receiver and proceed to liquidate the assets of the company which are located in this state in the same manner as now provided by law for liquidation of a private corporation in receivership.

      3.  No other person may be appointed receiver by any court without first giving the commissioner ample notice of his application.

      4.  The inventory made by the commissioner and all claims filed by creditors are open at all reasonable times for inspection and any action taken by the receiver upon any of the claims is subject to the approval of the court before which the cause is pending.

      5.  The expenses of the receiver and compensation of counsel, as well as all expenditures required in the liquidation proceedings, shall be fixed by the commissioner subject to the approval of the court, and, upon certification of the commissioner, shall be paid out of the funds in his hands as such receiver.

      Sec. 18.  It is unlawful for any foreign corporation, association or business trust to transact any mortgage business in this state unless it:

      1.  Qualifies under chapter 80 of NRS; and

      2.  Complies with the provisions of this chapter unless exempted by section 19 of this act.

      Sec. 19.  The provisions of sections 2 to 24, inclusive, of this act do not apply to:

      1.  Any person doing business under the laws of this state or the United States relating to banks, mutual savings banks, trust companies, savings and loan associations, common and consumer finance companies, industrial loan companies, insurance companies or real estate investment trusts as defined in 26 U.S.C. § 856.

      2.  An attorney at law rendering services in the performance of his duties as attorney at law.

      3.  Any firm or corporation which lends money on real property and is subject to licensing, supervision or auditing by a federal or state agency or is a mortgage company approved by the Federal Housing Administration.

      4.  Any person doing any act under order of any court.

      5.  Any person who provides funds for investment in loans secured by a lien on real property, on his own account, who does not charge a fee or cause a fee to be paid for any service other than the normal and scheduled rates for escrow, title insurance and recording services, and who does not collect funds to be used for the payment of any taxes or insurance premiums on the property securing any such loans.


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ê1973 Statutes of Nevada, Page 1543 (Chapter 746, AB 906)ê

 

rates for escrow, title insurance and recording services, and who does not collect funds to be used for the payment of any taxes or insurance premiums on the property securing any such loans.

      Sec. 20.  1.  All money paid to the mortgage company for payment of taxes or insurance premiums on property which secures any loan made by the mortgage company shall be deposited in a bank and kept separate, distinct and apart from funds belonging to the mortgage company. Such funds, when deposited, are to be designated as an “impound trust account” or under some other appropriate name indicating that the funds are not the funds of the mortgage company.

      2.  The mortgage company shall have a fiduciary duty to its debtors with respect to the funds in its impound trust account.

      3.  The mortgage company shall, upon reasonable notice, account to any debtor whose property secures a loan made by the mortgage company for any funds which that person has paid to the mortgage company for the payment of taxes or insurance premiums on the property in question.

      4.  The mortgage company shall, upon reasonable notice, account to the commissioner for all funds in the company’s impound trust account.

      Sec. 21.  1.  Impound trust account funds are not subject to execution or attachment on any claim against the mortgage company.

      2.  It is unlawful for any mortgage company knowingly to keep or cause to be kept any funds or money in any bank under the heading of “impound trust account” or any other name designating such funds or money belonging to the debtors of the mortgage company, except actual funds paid to the mortgage company for the payment of taxes and insurance premiums on property securing loans made by the company.

      Sec. 22.  Sections 2 to 24, inclusive, of this act do not limit any statutory or common law right of any person to bring an action in any court for any act involved in the transaction of the mortgage company business or the right of the state to punish any person for any violation of any law.

      Sec. 23.  Except as otherwise provided by law, all papers, documents, reports and other written instruments filed with the commissioner under sections 2 to 24, inclusive, of this act are open to public inspection, except that the commissioner may withhold from public inspection for such time as he considers necessary any information which in his judgment the public welfare or the welfare of any mortgage company requires to be so withheld.

      Sec. 24.  Any person, or any director, officer, agent or employee of any such person, who violates any of the provisions of sections 2 to 24, inclusive, of this act is guilty of a misdemeanor.

 

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ê1973 Statutes of Nevada, Page 1544ê

 

CHAPTER 747, AB 925

Assembly Bill No. 925–Mr. Glover

CHAPTER 747

AN ACT relating to the Motor Vehicle Safety Responsibility Act; requiring that the department of motor vehicles provide a hearing before suspending the license or registration of a person under the provisions of this chapter; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  Chapter 485 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  “Director” means the director of the department of motor vehicles.

      Sec. 3.  1.  Any operator or owner who was involved in an accident, and at the time of such accident did not have an automobile liability insurance policy in effect, or who is not otherwise exempt from the requirements of depositing security by the provisions of NRS 485.200, shall have the right to a hearing before the director or his representative prior to a determination of the amount of security required pursuant to NRS 485.190, and prior to the suspension of such person’s operator’s license or registration as provided in subsection 2 of NRS 485.190. The hearing shall be held in the county of residence of such operator. If the operator and owner reside in different counties and the hearing would involve both of them, the hearing shall be held in the county which will be the most convenient for the subpena of witnesses.

      2.  The owner or operator shall be given at least 30 days’ notice of the hearing in writing with a brief explanation of the proceedings to be taken against him and the possible consequences of a determination adverse to such operator or owner.

      3.  If the operator or owner desires a hearing, he shall, within 30 days, notify the division in writing of his intention. If such person does not send such notice within the 30 days, he waives his right to a hearing; provided, the director may for good cause shown permit the owner a later opportunity for a hearing.

      Sec. 4.  1.  The hearing shall be held to determine:

      (a) Whether or not there is a reasonable possibility that a judgment may be rendered against the owner or operator as a result of the accident in which he was involved if the issue is brought before a court of competent jurisdiction; and

      (b) The amount of security that may be required of the operator or owner to satisfy any judgment or judgments for damages that may be rendered against him.

      2.  The operator or owner may be represented at the hearing by counsel and may examine, either in person or by counsel, all witnesses who are called to testify at such hearing.

      Sec. 5.  The director or his representative shall have power to administer oaths, certify to all official acts and to issue subpenas for attendance of witnesses and the production of books and papers.


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ê1973 Statutes of Nevada, Page 1545 (Chapter 747, AB 925)ê

 

      Sec. 6.  1.  The district court in and for the county in which any hearing may be held shall have the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the director.

      2.  In case of the refusal of any witness to attend or testify or produce any papers required by such subpena the director may report to the district court in and for the county in which the hearing is pending by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) That the witness has been subpenaed in the manner prescribed in this chapter;

      (c) That the witness has failed and refused to attend or produce the papers required by subpena before the director in the cause or proceeding named in the subpena, or has refused to answer questions propounded to him in the course of such hearing,

and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the director.

      3.  The court, upon petition of the director, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the director. A certified copy of the order shall be served upon the witness. If it shall appear to the court that the subpena was regularly issued by the director, the court shall thereupon enter an order that the witness appear before the director at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.

      Sec. 7.  1.  If a ruling or decision is adverse to the operator or owner he may, within 10 days from the date of the decision, appeal therefrom to the district court. The district court may conduct a trial de novo on the decision.

      Sec. 8.  NRS 485.190 is hereby amended to read as follows:

      485.190  1.  If 20 days after the receipt of a report of a motor vehicle accident within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of $250, the division does not have on file evidence satisfactory to it that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, or has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the division shall [determine the amount of security which shall be sufficient in its judgment to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against each operator or owner.] upon request set the matter down for a hearing as provided in section 3 of this act.

      2.  The division shall, at any time after [the receipt of such report of a motor vehicle accident,] a determination adverse to an operator or owner pursuant to section 3 of this act, suspend the license of each operator and all registrations of each owner of a motor vehicle in any manner involved in such accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this state, and, if such owner is a nonresident, the privilege of the use within this state of any motor vehicle owned by him, unless such operator or owner or both shall deposit security in the sum so determined by the division.


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ê1973 Statutes of Nevada, Page 1546 (Chapter 747, AB 925)ê

 

owner pursuant to section 3 of this act, suspend the license of each operator and all registrations of each owner of a motor vehicle in any manner involved in such accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this state, and, if such owner is a nonresident, the privilege of the use within this state of any motor vehicle owned by him, unless such operator or owner or both shall deposit security in the sum so determined by the division. Notice of such suspension shall be sent by the division to such operator and owner not less than 10 days prior to the effective date of such suspension and shall state the amount required as security. Where erroneous information is given the division with respect to the matters set forth in subsections 1, 2 or 3 of NRS 485.200, the division shall take appropriate action as hereinbefore provided after it receives correct information with respect to such matters.

      Sec. 9.  NRS 485.200 is hereby amended to read as follows:

      485.200  The requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, shall not apply:

      1.  To such operator or owner if such owner had in effect at the time of such accident an automobile liability policy with respect to the motor vehicle involved in such accident;

      2.  To such operator, if not the owner of such motor vehicle, if there was in effect at the time of such accident an automobile liability policy or bond with respect to his operation of motor vehicles not owned by him;

      3.  To such operator or owner if the liability of such operator or owner for damages resulting from such accident is, in the judgment of the division, covered by any other form of liability insurance policy or bond;

      4.  To any person qualifying as a self-insurer under NRS 485.380, or to any person operating a motor vehicle for such self-insurer;

      5.  To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than such operator or owner;

      6.  To the operator or the owner of a motor vehicle legally parked at the time of the accident;

      7.  To the owner of a motor vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating such motor vehicle without such permission; or

      8.  If, prior to the date that the division would otherwise suspend the license and registration or nonresident’s operating privilege under NRS 485.190, there shall be filed with the division evidence satisfactory to it that the person who would otherwise have to file security has been released from liability or has received a determination in his favor at a hearing conducted pursuant to section 3 of this act, or has been finally adjudicated not to be liable or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.

 

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ê1973 Statutes of Nevada, Page 1547ê

 

CHAPTER 748, AB 932

Assembly Bill No. 932–Committee on Education

CHAPTER 748

AN ACT relating to curricula of public, private and other schools; requiring courses in American government and history to be taught; and providing other matters properly relating thereto.

 

[Approved May 1, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 389.020 is hereby amended to read as follows:

      389.020  1.  In all public and private schools, the Nevada girls training center, and the Nevada youth training center, instruction shall be given in American government, including but not limited to the essentials of the Constitution of the United States [and] , the constitution of the State of Nevada, [including] the origin and history of the constitutions and the study of and devotion to American institutions and ideals.

      2.  The instruction required in subsection 1 shall be given during at least 1 year [each] of the elementary school [and high school] grades [.] and for a period of at least 1 year in all high schools.

      [3.  No student in such schools shall receive a certificate or diploma of graduation without previously having passed a satisfactory examination upon the constitutions.]

      Sec. 2.  NRS 389.030 is hereby amended to read as follows:

      389.030  American history, including the history of the State of Nevada [and American civil government] shall be taught in all of the [grade schools and high schools] public and private schools in the State of Nevada [, special scientific schools excepted.] for a period of at least 1 year.

      Sec. 3.  Chapter 389 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      No student in any public or private high school, the Nevada girls training center or the Nevada youth training center shall receive a certificate or diploma of graduation without having passed a course in American government and American history as required by NRS 389.020 and 389.030.

 

________

 

 

CHAPTER 749, AB 901

Assembly Bill No. 901–Committee on Ways and Means

CHAPTER 749

AN ACT relating to salaries and compensation of state officers and employees; increasing the maximum annual salary limit for employees in the classified service and removing other salary limitations; providing for salary adjustments; establishing annual salaries of state officers and employees in the unclassified service and attorney general’s office; and providing other matters properly relating thereto.

 

[Approved May 3, 1973]

 

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

do enact as follows:

 

      Section 1.  NRS 284.175 is hereby amended to read as follows:

      284.175  1.  After consultation with appointing authorities and state fiscal officers, and after a public hearing and approval by the commission, the chief shall prescribe rules and regulations for a pay plan for all employees in the classified service.


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ê1973 Statutes of Nevada, Page 1548 (Chapter 749, AB 901)ê

 

fiscal officers, and after a public hearing and approval by the commission, the chief shall prescribe rules and regulations for a pay plan for all employees in the classified service.

      2.  The pay plan and amendments thereto shall become effective only after approval by the commission and the governor.

      3.  The chief shall prepare a pay plan and ranges for each class, grade or group of positions in the classified service. Each employee shall be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary funds are made available for such payment.

      4.  The chief shall prescribe rules and regulations that provide for progression through the rate ranges based on merit and fitness alone. Upon approval of the commission such rules and regulations shall become effective.

      5.  Except as otherwise provided in this subsection, no employee in the classified service may receive a salary exceeding [$22,000] $24,684 a year. Employees filling the following described positions in the classified service may receive annual salaries not to exceed the following specified amounts:

 

                                                                                                                                 Approximate      Annual Salary

Chief, dental health services (Range A)........................... [$22,020]         $27,173

Chief, dental health services (Range B)............................. [24,239]           28,508

Chief, maternal and child health (Range A)..................... [24,239]           28,508

Chief, maternal and child health (Range B)..................... [26,048]           31,380

Chief, maternal and child health (Range C)....................................            32,925

Chief, preventive medical services (Range A).................. [24,239]           28,508

Chief, preventive medical services (Range B).................. [26,048]           31,380

Chief, preventive medical services (Range C).................................            32,925

Senior physician (Range A).................................................. [22,554]           27,173

Senior physician (Range B).................................................. [24,829]           29,910

Senior physician (Range C)................................................................            31,380

Senior psychiatrist (Range A)............................................... [25,432]           29,910

Senior psychiatrist (Range B)............................................... [27,994]           32,925

Senior psychiatrist (Range C).............................................................            34,552

Senior public health dentist (Range A).............................................            23,529

Senior public health dentist (Range B).............................................            25,899

State health officer (Range A)............................................. [27,329]           32,925

State health officer (Range B)............................................. [28,472]           34,552

State health officer (Range C)............................................................            36,254

[Supervisor, tuberculosis control (Range A)......................... 24,239                       

Supervisor, tuberculosis control (Range B)......................... 26,048]                       

Welfare medical care officer................................................ [22,554] 27,173 As used in this subsection a senior psychiatrist (Range B) is a psychiatrist [certified or] eligible for certification by the American Board of Psychiatry.

 


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ê1973 Statutes of Nevada, Page 1549 (Chapter 749, AB 901)ê

 

As used in this subsection a senior psychiatrist (Range B) is a psychiatrist [certified or] eligible for certification by the American Board of Psychiatry. A senior psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.

      6.  Employees filling the above described positions may receive a salary adjustment based upon the movement of the National Consumer Price Index to take effect January 1, 1974, and to be effective through June 30, 1975. The percentage increase will be determined by using the Bureau of Labor statistics, the United States Department of Labor, National Consumer Price Index percentage for the months of October 1972, through September 1973, not to exceed 5 percent.

      7.  Except as otherwise provided in this subsection, no employee in the classified service may receive a salary in excess of 95 percent of the salary received by his immediate supervisor if his immediate supervisor is in the unclassified service. The provisions of this subsection shall not:

      (a) Be construed to effect a reduction of the salary of any employee in the classified service on [January 1, 1971.] January 1, 1973.

      (b) Apply to physicians, surgeons and dentists in fulltime employment with the state and to engineers employed by the state planning board. During regular legislative sessions salaries for the classified service of the state shall be set based upon the prevailing rates paid in government and industry for comparable jobs within the State of Nevada and western states, where appropriate.

      Sec. 2.  NRS 284.182 is hereby amended to read as follows:

      284.182  The following state officers and employees in the unclassified service of the State of Nevada shall receive annual salaries not to exceed the approximate maximum amounts set forth following their unclassified grade and specified titles:

 

                                                                                                                    Approximate