Download - Legislative History of Assembly Bill 268 from 1969

Assembly History, Fifty-fifth Session I r 0 q 77

Apr. 14-Senate amendment concurred in. To enrollment. Apr. 16-Enrolled and delivered to Governor. Approved by the Gover

nor. Chapter 400. Effective April 16, 1969.

A. B. 268-Committee on Transportation, Feb. 12. Summary-Enacts implied consent to chemical test for alcoholic con

tent of blood law. (BDR 43-255) Feb. 12-Read first time. Referred to Committee on Transportation. To

printer. / Feb. 13-From printer. To committee. 3/5 3/1 :5 11 Mar. 7-From committee: Do pass. > ' Mar. IO-Taken from Second Reading File. Placed on Chief Clerk's

desk. Taken from Chief Clerk's desk. Placed on Second Reading File. Read second time. Re-referred to Chief Clerk's desk. To engrossment. Engrossed. To Chief Clerk's desk.

Mar. 12-Taken from Chief Clerk's desk. Placed on General File. Read third time. Passed. Title approved. To Senate.

Mar. 13-ln Senate. Read first time. Referred to Committee on Judiciary. To committee. ~ lz..;, ,3fz.g.

Mar. 31-From comm1tke:"Amehd, and do pass as amended. Read second time. Amended. To printer.

Apr. 2-From printer. To re-engrossment. Re-engrossed. Apr. 3-Read third time. Lost. Notice of reconsideration on next legisla

tive day. Apr. 7-Action reconsidered. Read third time. Passed, as amended. Title

approved. To Assembly. Apr. 8-In Assembly. Apr. 10--Senate amendment concurred in. To enrollment. Apr. 14-Enrolled and delivered to Governor. Apr. 15-Approved by the Governor. Chapter 341. Effective April 15,

1969.

A. B. 269-Committee on Transportation, Feb. 12. Summary-Prescribes proper equipment for vehicles. (BDR 43-837) Feb. 12-Read first time. Referred to Committee on Transportation. To

printer. Feb. 14-From printer. To committee. Mar. 27-From committee: Amend, and do pass as amended. Mar. 28-Read second time. Amended. To printer. Mar. 31-From-printer. To engrossment. Engrossed. Apr. I-Read third time. Passed, as amended. Title approved. To Senate. Apr. 2-In Senate. Read first time. Referred to Committee on Transpor-

tation. To committee. Apr. 9-From committee: Amend, and do pass as amended. Read sec-

ond time. Amended. To printer. Apr. I 0-From printer. To re-engrossment. Re-engrossed. Apr. I I-Taken from General File. Placed on Secretary's desk. Apr. 16-Taken from Secretary's desk. Placed on General File. Read

third time. Amended. To printer. Apr. 17-From printer. To re-engrossment. Re-engrossed. Apr. 18-Read third time. Passed, as amended. Title approved. To

Assembly. Apr. 19-In Assembly. Senate amendments concurred in. To enrollment. Apr. 25-Enrolled and delivered to Governor. Apr. 28-Approved by the Governor. Chapter 621. Effective July I, 1969.

A. B. 270-Committee on Transportation, Feb. 12. Summary-Provides single license for drivers. (BDR 43-429) Feb. 12-Read first time. Referred to Committee on Transportation. To

printer. Feb. 13-From printer. To committee. Mar. 21-From committee: Amend, and do pass as amended. Mar. 24-Read second time. Amended. To printer.

- l\!> r"+toc\11.ced.

A. B. 268

ASSEMBLY BILL NO. 268-COMMITTEE ON TRANSPORTATION

FEBRUARY 12, 1969

Referred to Committee on Transportation

SUMMARY-Enacts implied consent to chemical test for alcoholic content of blood law. (BDR 43-255)

EXPLANATION-~fatter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT to amend chapter 484 of NRS, relating to traffic laws, by providing that allegedly intoxicated vehicle drivers impliedly consent to chemical tests to determine degree of intoxication; providing for suspensron of the driving privilege for refusal; and providing other matters properly relating thereto.

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 the provisions set forth as sections 2 to 7, inclusive, of this act. ~;, SEC. 2. 1. Except as provided in subsection 4, 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 subtance for the purpose of determining the alcoholic content of his blood hen such test is administered at the direction of a police officer having asonable grounds to believe that such person was driving a vehicle hile under the infiuence of intoxicating liquor and after such person as arrested for any offense allegedly committed while such person was "ving a vehicle under the infiuence of intoxicating liquor. 2. Such person shall be informed that his failure to submit to such t will result in the suspension of his privilege to drive a vehicle for a "od of 6 months.

3. Any person who is dead, unconscious, or otherwise in a condition ering him incapable of refusal shall be deemed not to have withn his consent, and any such test may be administered whether or

l such person is informed that his failure to submit to such test will · It in the suspension of his privilege to drive a vehicle for a period of . nths.

Any person who is afflicted with hemophilia or with a heart conn requiring the use of an anticoagulant as determined by a physician empt from any blood test which may be required pursuant to this n.

--2-

1 SEC. 3. 1. If a person under arrest refuses to submit to a chertrfi:al 2 test as directed by a police officer under section 2 of this act, none shalt 3 be given; but the department of motor vehicles, upon receipt of a sworn 4 written statement of such officer that he had reasonable grounds to 5 believe the arrested person had been driving a vehicle upon a highWay 6 while under the influence of intoxicating liquor and that such person 7 refused to submit to such test upon the request of such officer, shall imme-8 diately: 9 (a) Suspend such person's license or instruction permit to drive for a

10 period of 6 months; 11 (b) If such person is a nonresident, suspend his privilege to drive a 12 vehicle in this state for a period of 6 months and inform the appropriate 13 agency in the state of his residence of such action; or 14 (c) If such person is a resident without a license or instruction permit to 15 drive, deny to such person the issuance of a license or permit for a period 16 of 6 months after the date of the alleged violation. 17 2. The revocations provided for in subsection 1 shall become effective 18 10 days after the mailing of written notice thereof by such department 19 any such person at his last-known address. 20 SEC. 4. 1. Except as provided in subsection 2, any person whose 21 license or permit has been suspended, or the issuance thereof has been 22 delayed, pursuant to section 3 of this act may request a hearing before the 23 department of motor vehicles, and such hearing shall be afforded him in 24 the same manner and under the same conditions as are provided in mb-25 section 8 of NRS 483.470. ..~ 26 2. The scope of such hearing shall be limited to the issues of whether 27 a police officer had reasonable grounds to believe such person had been 28 driving a vehicle upon a highway while under the influence of int,ox1'cai'inri I 29 liquor, had been placed under arrest, and had refused to submit to 30 test upon the request of the police officer. Whether such person was 31 inf armed that his privilege to drive would be suspended if he refused to 32 submit to the test shall not be an issue. 33 3. If the suspension or determination that there be a denial of issu-34 ance is sustained after such hearing, the person whose license or permit 35 has been suspended, or to whom a license or permit has been denied, shall 36 have the right to a review of the matter in district court in the same man-37 ner as provided by NRS 483.520. 38 SEC. 5. 1. If a person refuses to submit to a chemical test provided 39 for in section 2 of thi!f act, evidence of such refusal shall be admissible in 40 any criminal action arising out of acts alleged to have been committed 41 while such person was driving a vehicle while under the influence of intox-42 icating liquor. i

43 2. If a person submits to such a test, full information concerning such 44 test shall be made available, upon his request, to him or his attorney. 45 SEC. 6. 1. A person arrested for driving a vehicle while under the 46 influence of intoxicating liquor shall be permitted, upon his request and at 47 his expense, reasonable opportunity to have a qualified person of his own 48 choosing administer a chemical test or tests for the purpose of determining 49 the alcoholic content of his blood.

--3--

l 2. The failure or inability to obtain such a test or tests by such person 2 shall not preclude the admission of evidence relating to the refusal to sub:3 mit to a test or relating to a test taken upon the request of a police officer.

•:4 3. A test obtained under the provisions of this section may not be 'Ii substituted for or stand in lieu of the test required by section 2 of this act.

~.···.·.~.· .••..•.•. • .. · SEC. 7. J. The results of any blood test administered under the provi•• sions of section 2 or section 6 of this act shall not be admissible in any 8 hearing or criminal action arising out of the acts alleged to have been 9 committed while a person was under the influence of intoxicating liquor

10,. unless the blood tested was withdrawn by a physician, registered nurse or !Ji~ .a technician employed in a medical laboratory. m:;1 2. The limitation contained in subsection 1 shall not apply to the tak-13 ing of a chemical test of the urine, breath or other bodily substance. 14 3. No such physician, registered nurse or technician shall incur any 15 civil or criminal liability as a result of the administering of a blood test 16. when requested by a police officer or the person to be tested to administer 11 such test. l8 SEC. 8. This act shall become effective upon passage and approval.

@

• •

• •

• •

/HNUTLS OF MEETING - TRANSPORTATION ASSEMBLY SESSION - MARCli 5, 1969

COMMITTEE - 55TH NEVADA

Present: B. Hafen, Wood, Kean, Ashworth and Howardand Tyson

Absent: Glaser

Also Present: James Bailey, Department of Motor Vehicles; Robert Guinn and Daryl Capurro, N3vada Mota~ Transport Association and the Nevada Franchise Auto Dealers Association; Thomas Cook, Deputy Attorney General 1 s Office assig~ed to the Motor Vehicle Department; Grant Davis, Legislative Counsel Bureau~ V.A. Salvadorini, M.D.; Bill Locke, Nevada State Board of Pharmacy: Virgil Anderson, AAA

Chairman Hafen convened the meeting at 10:45 a.m. and requested Dr. Salvadorini to discuss A.B. 265, requiring prescriber or dispenser of drug to inform-US6r if use is dangerous to operation of vehicle .

Dr. Salvadorini read paragraph l of Section l wherein the words :iany drug'' are used. He noted that this was significant because it would mean any prescriptions or drugs received over the counter. Doctors are now admonishing patients as to the affects of the drugs which they prescribe; whether they may be hazardous when driving or when drinking. However, from the sounds of the bill, the doctor is required to determine the ability of the patient to drive. He wondered if a doctor is really qualified to make this determination. This is actually up to the Department of Motor Vehicles to decide.

With regard to those drugs sold over the counter without prescription, it can be said that the hazardous to health statement would apply to many of them. Such drugs as aspi~in, sominex, percussin, etc. These can all be considered hazardous to the health depending upon the manner in which they are used. He noted that certain items sold over the counter have actually killed individua:s and he cited the case of the boy who was killed by Percussin when he filled a plastic bag with it and put it over his head, trying to get some nkicksil. He cited also the example of the Sperry boy who took Azmadore powder in coke. This used to be available over the counter, however, after his death, it was immediately subject to prescription.

The kids today are using all of these drugs which are easy for them to get; Sleepeze,· Drominex, Romilar, etc. because they think it gets them high. There are thousands of these items right now that can be pu~chased across the counter without prescri~tion .

• •

• •

• •

Page -3- Transportation Meeting March 5, 1969

Mr. Wood said in his opinion they were really pinning this down and opening up a big aoor. How about the person who sells paint and thinner. He wonderc;d if f\,. B. 26~:, WdS needed at all. This would not be hurting the highway safety code and if we do this, we may end up having to go t<J paint stores, chemical shops, etc.

Dr. Salv dorini said when you stop to think about it if an overdose of Sominex can kill you you are real getting into a large area. Mr. Wood said a mo+or cycle in the wrong hands can kill just as easily. Mr. Bai.By said he believed there was coordi~atior1 here between the department and the dcctors. He re~ate~ the situation wherein the physiciar1 contacted ~he dcparr~ent and told them that his patient was not able to drive in his condit:on and the department made sure he does not drive.

J A.B. 268., enacts implied consent to chemical tes;:: for alc(:;hal content of blood law.

Chairman Hafen noted that this was part of the federal prograffi ~nd asked what problems were encountered with regard to the law enf rcernen t .

Mr. Davis stated that previously there was no provisiGn ror tbe suspension of licenses. A court decision has held that you ca~ take blood for purposes of determining the alcohol content in the body, but if a person refuses to take the test, ther~ is no provision for suspension of his license. If the blood is taken force, the courts will usually uphold the rights of ~he person.

Dr. Salvadorini stated that he has worked in this field in the past in Washoe County and that the implied cons~nt as the bill states is very clear. They do not want to use force in taking the blood because this could cause injury to either of tl1em. There are instances., however, when this evidence is necessary. A person who is unconscious from an accident, you don't know. if he is out because of the injury or because he is intoxicated. He said he believed this to be a good bill.

Mr. Wood said this was taken almost verbatim from the safety code and Mr. Davis confirmed it. This bill is part of the safety program and is necessary to comply with the federal standards. It will also be of great benefit to the law enforcement agencies.

It was noted that there would be problems taking blood for alcohol test in small areas. It will be necessary possibly to gE the assistance of the medical division in order to take the t~st. Dr. Salvadorini said however that they could always use the other tests, being the breath and the urine tests. The Screen Test is still used wherein the driver breaths into a tube and cause a change of color when intoxication is present .

• •

• •

• •

Page -4- Transportation Committee March 5 1 1969

Chairman Hafen asked if a registered nurse would not be qualified to give the test also and Dr. Salvadorini said~ registered nurse, doctor~ or even a lab technician, could give the test. If the person is injured the test can be given at the hospital. He noted that this test is a protection for the driver too. There may be times when he really would like to know if he is capable of driving with the a1nount he has had to drink. Ma~y persons have been protected through the use of this test.

Mr. Anderson, AAA, stated that his association was in favor er this bill too. They were especially in favor of That provision in section 6 wherein the driver could use the doctor of his choice in the performance of this test.

Chairman Hafen asked about the fee and who paid for these tests to be performed. Dr. Salvadorini said the person charge~ would be the agency who requested it; highway patrol, police department or whatever. He noted that the charge was usually $10.

Mr. Bailey said the cost concerned would not be out of reach because it would only be used in extreme cases. He stated they would usually use the breath method .

Mr. Wood noted that ~he highway safety standards require an alcohol test to be taken within four hours on any individual dying from an automobile accident. Dr. Salvadorini said this was a general type requirement. Act~ally they have taken blooii from accident victims sometimes two days later.

Dr. Salvadorini noted that portion regarding hemophilia or persons using anticoagulant drug. He said it was possible to take blood from a hemophiliac but that they have to be very careful when the needle is put into the veins. He said by stating anticoagulant in the bill, you are letting a lot of pe~sons out of taking this t~st.

Mr. Bailey noted that the California law provides for the exemption of hemophiliacs and persons using anticoagulants also.

Discussion was held on the problems involved wherein the blood test might be given to an unconscious person. This person would be unable to say whether or not their hemophiliac or had a heart disease. Dr. Salvadorini stated that if the test were performed by a competent pathologist, or qualified individual there should be no danger.

Mr. Guinn noted that there was nothing in this bill that was not already in affect. When the driver's license is issued you must sign a statement that if you are stopped by an offirer of the law who has reason to suspect that you are driving while intoxicated a~d you refuse to take the test when asked~ you automatically have your license suspended for 6 months.

7

• •

• •

• •

Page -5- Transportation Committee March 5, 1969

Mr. Bailey related the story of an individual from California who had been stopped and refused to take the test. He had his driver's license revoked so h~ came over to Nevada and Tried to get a Nevada license. Because Nevada belongs to the compact they were able to know the facts behint thl~ and refuse to issu~ the license. The man took his case to the Supreme Court and it is understood that he lost his case.

Chairman Hafen noted that he had spoken with Senato~ Bunker to see if they could arrange for a joint hearing on the taxi-cab matter and thereby save some time. iie said Senator aunker seemed to feel that the problems could be solved this sessio~. It was suggested that they hold an evening ,eeting and he said he would contact Senator Bunker again to ascertain a time.

Mr. Guinn noted that he had the langu?ge ready en the exemp~ion for vehicles over 5000 poun1s. Chair~an Hafen said that Mrs.

son had requested to work on this with him. Hafen asked Mr. Howard if he would consent to work on the bill with Mr. ~uinn and Mrs. Tyson and Mr~ lioward agreed.

Chairman Hafen noted next meeting on Friday at 10:00 and adjourned the meeting .

• •

• •

• •

Prese-r: t

Absenr;

Also P1..,esent:

" '· -, ,,, . ' -- n :·. '-· r:

G.lase:.

Transport Ass::,:::.21 i·:>D D.n·-: -:;;, Auto Dea2.e:~;; As;:,,•,·._.:.-:l.;_;.,·'.'

Representatives oi th~ ?t~2s.

Chairman Hafen convene~ th2 ~2etir1g a: L; ~ 2

A.B. 265, requ1?·ing prescr£ber or dr•1gs to :.n~~r~ user when us ng vehicle .

Ashworth tha~ A.B. 265 be indefinitely pcs~pa~~~Motion secc~ciecl by Tyscn; Ur1animously carried .

A.B. 263 sep-~ra-res

o rugs.

Ashworth scved ror a LJO Pass on A.E. 263; Motion seccnded by Tyson; Unanimously carried.

-- 3-

A~-~-,.--+~ 6 ~ , er: s c-::: s i :n i? l i e d consent to ,:;_ h •2 f7'; :_ c d .l : e ~-- t ,__ c ::.- 3 :._ c: ch o 2- .:. c conten~ of ~lsod law.

Tyson rr:c\' ,..:: :·-:,,>·::

Motion s0cc::-:dcj Unanimc~sly car~ietl.

.~ . _;::) .

Chairman Hafen not~d that :here wculd be a he~~in£ ~eld

with the 2uto~~Lile dealers anc ~a~uf~c:~rers s~c~

.~ ... :J3_~?_Ql !)rovides single lic'2nses for tirl\"0:-s.

o:;_ A.3 2E:7 -~-· ~·~-- --·~·~

Bailey noted that ccrr.pli2nce ·3.

~he :n their __ '.·~.i.th the Hi h~,.--s.y

be following California provided ~hat a li0~ cf

n1inutes.

JOURNAL OF THE ASSEMBt'l' 3 -1 "L~ 0q FIFTY-FIFTH SESSION 429

Homer, Howard, Jacobsen, Kean, Lingenfelter, Prince, Schouweiler, Torvinen, Viani, Webb, Wood, Frank Young, Roy Young-21.

Absent-Bowler, Brookman, Close, Tyson, Mr. Speaker-5.

Assembly Bill No. 357 having failed to receive a constitutional major-ity, Mr. Speaker pro Tempore declared it lost.

Assembly Bill No. 468. Bill read third time. Remarks by Miss Foote and Mr. Frank Young. Roll call on Assembly Bill No. 468: YEAS-36. NAYS-None. Absent-Brookman, Close, Tyson, Mr. Speaker-4.

Assembly Bill No. 468 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

Bill ordered transmitted to the Senate. Assembly Bill No. 268. Bill readthird time. Remarks by Mr. Bryan Hafen. Roll call on Assembly Bill No. 268: YEAS-26. NAYS-Branch, Dini, Foote, Frazzini, Fry, Hilbrecht, Homer, Lingenfelter, May,

Mello, Wilson-I!. Absent-Close, Tyson, Mr. Speaker-3.

Assembly Bill No. 268 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

Bill ordered transmitted to the Senate. Assembly Bill No. 263. Bill read third time. Remarks by Messrs. Bryan Hafen, Frank Young, Swallow, Homer, Hil

brecht, Wilson, Mrs. Brookman, Messrs. Lowman, Branch, Reid, Torvinen, and Capurro.

Mr. Dini moved that Assembly Bill No. 263 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Mr. Dini. Motion carried.

MOTIONS, RESOLUTIONS, AND NOTICES Mr. Torvinen moved that Assembly Bill No. 405 be taken from the

Chief Clerk's desk and placed at the top of the General File for the next legislative day.

Remarks by Mr. Torvinen. Motion carried.

Mr. Swallow moved that Assembly Bills Nos. 505 and 512 be taken from the Chief Clerk's desk and placed on the General File for the next legislative day.

Remarks by Mr. Swallow. Motion carried.

Mr. Lingenfelter moved that Assembly Bill No. 361 be taken from the w

j SENATE JUDICIARY COMMITTEE

MINUTES

Chairman Monroe called the meeting to order at 8:45 a. m. on March 27, 1969.

Committee members present: Chairman Monroe.

Gue~:ts:

Senator Young Senator Dodge Senator Hug Senator Bunker Senator Christensen Senator Swobe

Assemblyman Dick Bryan

') H' '<,)' ;i:t)

Lou Paley, representing Nevada State A. F. L. and C. I. 0, Theo R. Lawson, Southern Nevada Central Labor Cooncil Al Bramlet, Culinary Union R. Ashelmant, Council for Culinary Workers Union #226.

AB L,39 - Provides for motion to increase bail.

Dick Bryan felt this was a good piece of legislation. It covers a section in our law not previously provided for. There had been occasions: when an attorney had a client released on weekends and would post standard bail. Some cases the bail should be increased as there could be previous knowledge the client might have plans to skip bail and also his past record might indicate that the bail should be increased .. This also provided the defendent could request a hearing if he felt the increase was not fair. It would also provide more security to the State.

Senator Dodge moved "do pass". Senator Swobe seconded the motion. Motion carried.

AB 347 - Permits action to establish parental relationship.

Dick Bryan advised this was requested by a grout pf Las Vegas attorneys. Under the Nevada law the father of an illegitimate child had not:legal right to the child. This would provide for action by the father. Families living together without benefit of marriage and the mother might become incapacitated, the father had no right to the child, This would not effect the option of the mother who wanted to put the child out for ad6ption. This was patterned after the California law.

Senator Young asked Mr. Bryan how the action would be entitled? He was concerned about this.

Mr. Bryan stated he had not thought of this but presumed the

• Judiciary Committee Minutes ~.~r~c~h:;;;....;2~7~,'-'1~9~6~9~~--~~~~~~~--~~~~~~~~~-~~~--5-

of court if you knew that if you lost the suit you would have to pay court costs in addition.

Senator Swobe stated the payment to the expert witness was added and he felt it was good to have a maximum limit placed on their fee.

Senator Dodge would like to study this a little more before any action is taken.

AB 215 - Prohibits usage of d~ugs for psychedelic purposes.

Chairman Monroe advised there was an intent to take care of glue sniffing at the last session and evidentally this cleared the language.

Senator Hug mentioned the principal change in this seemed to be a change from a misdemeanor to a gross misdemeanor.

Most of the committee members felt this was a harsh penalty and would like to look into it further.

AB 24.3 - Exempts movie projectionists and stagehands from criminal • responsibility for exhibiting or possessing obscene material.

•

Senator Young moved "do pass". Senator Swobe seconded. 1;!otion carried.

AB 253 - Clarifies prohibition of cheating devices in gaming.

Senator Swobe mentioned this was pro')ably a result from the recent sale of crooked gaming devices to Florida as was recently mentioned in the paper.

Senator Young would like to hear Fr<tnk Johnson's opinion of this lrefore taking action.

AB 254 - J:.1ak8s certain tedmical d1anges regarding gaming licensing and. control.

Frank Johnson wil 1. be heard en this also .

.AB 268 - Enacts implied c:onsent to chemical test for alcoholic content of biood law.

Senator Monroe felt this was necessary to the safety of Nevada as it would help t0 keep those unde:.: the influence of alcohol off of the hiway. He stat12d fifty percent of the deai:bs on the hiways were caused by drunk driving.

• Judiciary Committee Minutes March 27, 1969

·---·----- -6-

Senator Dodge felt there were other ways to determine if a person was irnder the influence of alcohol without complied consent,' He felt the public should not be inconvenienced any more than necessary and with the complied consent a tourist might have to go back a number of miles in order to take a test and this could delay him for a long period of time,

Senator Swobe felt this could be used as harrassment also.

Chairman Monroe felt this was also protection for a driver. He might be accused of being drunk when he actually wasn't and the test would prove he wasn't.

It was decided to have Jir.i Bailey from the Motor Vehicle come in on this.

AB 297 - Provides for the establishment of foreigh trade zone corporations

Mr. Lowman was asked to come in and explain this.

Mr. Lowman explained this pertained to the foreign trade zone, It would permit a corporation to be founded within the State of Nevada if the ccrporation was OK'd by the federal government.

.. They could put parts together in the State without paying foreign

•

duty on the parts and then when the finished product 1-;as sold the duty would be put on at that time. The finished product can be stored in Nevada under the freeport law.

This would employee many more people in Nevada. Tne Economic Development is trying to bring in more industry and this would be of great help.

Senator Swobe moved do pass. Senator Young seconded. Motion carried.

AB 300 - Provides that fee for divorce and annulment records be collected when complaint is filed,

Sena tor Svmbe said this was the usual procedure in Washoe County. '!?his was the fee usually collected for the expense of filing with the Vital Statistics. Tnere was no way to collect the fee if the action never went to trial but was dropped,

Senator Young moved "do pass". Senator Bunker seconded. Motion carried .

•

•

•

SENATE

./ JUDICIARY COMMITTEE

MINUTES

Chairman Monroe called the meeting to order at 8: 30 a, m. on March 28, 1969.

Co~mittee members present: Senator Monroe, Chairman Senator Swobe

Legislative Counsel:

Guests:

Senator Bunker Senator Christensen Senator Hug Senator Young Senator Dodge

Frank Daykin

'l

Assemblyman Gorky Linsenfelter Jim Bailey, Motor Vehl.c le De par tmen t. Frank Johnson, Chairman Gaming Control

Board, State of Nevada.

William Goni, Ormsby County Clerk

AB 429 - Permits real estate agents to receive customary corrunissions for sales of property from decedents' estates .

Mr. Ligenfelter explained the commission scale for sale of property was 6% for improved property and 10% for unimproved property and a realtor should be able to receive the same percentage of commission for sale of property from a decedents' estate. He felt a real tor would work harder in trying to sell this type of property if he were to receive the normal commission. This bill would leave amount of commission paid up to the discretion of the c:ourt but in no case could it exceed the 6% and 10 %.

Senator Swobe felt sub-paragraph 3 should be amended to insert "in no case" on line 14 (shall be more than the customarily charged for the type of property in that area}.

This was agreeable to the committee and Mr. Ligenfelter.

Senator Dodge asked just how this would work. Mr. Ligenfelter ad the executor would agree to pay the commission with the court approval It would be a contract situation with the real estate broker when the property is listed.

Senator Swobe moved to amend and do pass. Senator Dodge seconded the motion. Motion carried.

AB 253 - Clarifies prohibition of cheating devices in gaming .

Frank Johnson explained this clarified the present law, however in the Assembly some were worried about line 13 "Might make the game

•

•

•

Judiciary Committee Minutes March 28, 1969 -3-

Chairman Monroe will discuss this with Mr, Daykin and also ask about the foreign corporation.

Mr. Johnson left the meeting.

Chairman Monroe advised AB 499 covering the use of fire bombs was provided for elsewhere and this should be "pulled" sp they could take another look at it.

AB 179 - Provides for award of costs and disbursements relating to trials,

Sena tor Swobe moved "do pass". Senator Young seconded. Motion carried,

AB 268 - Enacts implied consent to chemical test for alcoholic content of blood law. '

Mr. Jim Bailey of the Motor Vehicle Department explained this went along with the Federal Safety Standars and provides for implied consent to alcohol test. It is also a safeguard for the driver as it provides for a hearing, if requested, from the department or the district court. It does not violate any personal rights .

Senator Swobe asked Mr. Bailey if he had any how this law cut down accidents in other states.

have any figures on this.

statistics to show Mr. Bailey did not

Senator Dodge felt the driver did not have his choice as to which test he wanted, blood, breath or urine and felt this should be at the discretion of the one being tested and not the police.

Mr. Bailey felt with this change it would not meet the Federal standards.

Senator Young felt the choice should not be that of the officer involved. Under Section 6 he had the choice of who he wanted to give the test as long as he was qualified but did not have the right to chose which test he wanted taken.

Senator Dodge was concerned that a person traveling across the state might be detained and made to go back a number of miles to take the test. He felt this was wrong and the tests could be given in various places where it would be convenient, even the breath test could be given by an officer when a person was stopped.

Senator Young asked how accurate the blood, urine and breath tests were .

Mr. Bc:iley advised the results of a blood test could be used as evidence in court and would stand up much better than the urine or breath tests. Whe urine test was next accurate and the breath test last.

Senator Dodge suggested Mr. Daykin be contacted on the proposed

...... ~ • ~".\-"tv- ~'"'"" "-c> •"' ~\..\> b \\\ .

564 JOURNAL OF THE SENATE 3- 3 l - (oq Assembly Bill No. 254. Bill read second time. The following amendment was proposed by the Committee on Judi-

ciary: Amendment No. 1989. Amend section 1, page 1, line 11, by deleting "12" and inserting "6". Amend the bill as a whole by deleting sec. 4, by renumbering sections

5 and 6 as sections 4 and 5, by deleting sections 7 through 11, and by renumbering sections 12 and 13 as sections 6 and 7, respectively. - Senator Monroe moved the adoption of the amendment.

Seconded by Senator Manning. Amendment adopted. Bill ordered reprinted, re-engrossed, and to third reading.

Assemblll!!!l No. 268. ""'BTirreaa second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 1991. Amend sec. 2, page 1, line 3, by deleting "subsection 4," and inserting

"subsections 4 and 5,". Amend sec. 2, page 1, by inserting after line 24: "5. 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."

Amend sec. 3, page 2, line 1, by inserting "required" before "chemical".

Amend sec. 5, page 2, line 38, by inserting "required" before "chemi-cal".

Senator Monroe moved the adoption of the amendment. Seconded by Senator Manning. Remarks by Senators Gibson and Monroe. Amendment adopted. Bill ordered reprinted, re-engrossed, and to third reading. Assembly Bill No. 333. Bill read second time. The following amendment was proposed by the Committee on Public

Resources: Amendment No. 1987. Amend the bill as a whole by deleting sections 4 through 6 and by

renumbering section 7 as section 4. Amend sec. 8, page 4, by deleting line 40 and inserting: "Sec. 5. NRS 517.220, 517.240, 517.250, 517.260". Amend the bill as a whole by renumbering section 9 as section 6. Amend the title by deleting the 4th through 6th lines and inserting:

"advisory mining board; amending provisions relating to recordation of affidavits of performance of work; repealing certain provisions relating to".

Senator Titlow moved the adoption of the amendment. Seconded by Senator Monroe.

JOURNAL Of THE SENATE 4-3 -lo~ FIFTY-FIFTH SESSION

Roll call on Assembly Bill No. 239: YEAS-16. NAYS-Herr. Absent-Bunker, Swobe, White-3.

621

Assembly Bill No. 239 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembl~ Bill No. 268. • B1II reaathifCI time.

Remarks by Senators Monroe, Titlow, Young, Slattery, and Harris. Senator Titlow requested that the following remarks be entered in the

Journal: Some time before this session, I was having a discussion with a member of the

Highway Patrol. He informed me that it was not necessary to have this law, and if they wanted to take a blood test, they would take it, period. I see no reason to pass this.

Senator Monroe requested that the following remarks be entered in the Journal:

I realize I'm speaking from long observation, but I want to point out to you that in 50 percent of the fatal accidents in the United States today, there is a presence of alcohol as a contributing cause to the accident, which has been proven statistically, and I think in the light of that statistical knowledge that the failure to do something on our part to help control drunken driving in our State, would be for us to say with our approval and our willingness that people are going to be allowed to drive drunkenly, whether we pass this bill or not.

The only effect this bill would have is to place on each driver--each owner of a driver's license-a responsibility that he does not presently have-that in the event he is picked up and suspected of driving along under the influence of liquor, he's going to have to take this test.

I want to do what I can to stop this slaughter on the highways, and I think the only way we're going to stop it is to recognize what is causing it and try to take steps to do something about it-this is one step. Now, certainly it opens the gate for you to be in jeopardy, but if you're going to drive a car in such a manner that an officer will suspect you are intoxicated, I say that you ought to be arrested and say that you ought to be taken off the highways, and I say that you ought to have your blood tested, and I say that you ought to be convicted of driving while intoxicated. That's the only way you can stop the drunken driving problem. If you don't stop them you're going to have deaths continue on the highways just like they are today.

Senator Young requested that the following remarks be entered in the Journal:

You might say this is an anti-lawyer bill because I think it will save lawyer's fees. If you are picked up and charged with driving under the influence, the chances are that the magistrate is going to give more credence to the testimony of the arresting officer than he is the person who is arrested and charged.

It has been my experience that when a BA test, or blood alcohol test, is taken, the ball game is pretty well over, one way or the other. If it turns out to be less than 15 percent, the prosecution is dropped, if it turns out to be more than 15 percent the defendant generally, and probably wisely, pleads guilty instead of going to trial and paying for the expense of an attorney, and getting the adverse publicity that sometimes results when this sort of process occurs.

Last year we had over 200 people killed in car accidents in the State of Nevada -I don't know how many were injured. This year, I think we are already exceeding the somewhat dubious record that we may have set last year. We have a resoonsibility to do something to make the highways safe. We have nearly 400,000 cars

l

622 JOURNAL OF THE SENATE

registered in the State, and more with the millions of tourists who come to our State each year.

If we can do anything, without really unduly restricting the rights of people, to make these highways safer, I think we have an obligation to do it. I, personally, do not feel anybody with a 15 percent blood alcohol test has any right to be on the road, because I may meet him there.

Senator Slattery requested that the following remarks be entered in the Journal:

I rise in opposition to this bill. I think it takes the freedom away from the individual, and I think these birds that do 9C>-95 miles an hour are a greater detriment and have no more control over their cars than the man that's drinking. All they have to do--a man can stop somebody he don't like, and if he's got one drink on his breath, he can take him in and embarrass him. It doesn't affect me because I very seldom drink, but I don't like this type of legislation. I still think the speed maniacs on the highways are a lot more dangerous than the man that's had a few drinks.

Roll call on Assembly Bill No. 268: YEAS-8. NAYs-Fransway, Gibson, Harris, Hecht, Herr, Lamb, Manning, Slattery, Swobe,

Titlow-JO. Absent-Bunker, White-2.

Assembly Bill No. 268 having failed to receive a constitutional majority, Mr. President pro Tempore declared it lost.

MOTIONS, RESOLUTIONS, AND NOTICES Senator Gibson gave notice that on the next legislative day he would

move to reconsider the vote whereby Assembly Bill No. 268 was this day refused passage.

GENERAL FILE AND THIRD READING Assembly Bill No. 321. Bill read third time. Roll call on Assembly Bill No. 321: YEAS-18. NAYS-None. Absent-Bunker, White--2.

Assembly Bill No. 321 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly. Assembly Bill No. 333. Bill read third time. Roll call on Assembly Bill No. 333: YEAS-18. NAYS-None. Absent-Bunker, White--2.

Assembly Bill No. 333 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly. Mr. President pro Tempore announced that if there were no objections

the Senate would recess for 5 minutes. Senate in recess at 2:09 p.m.

638 JOURNAL OF THE SENATE

Remarks by Senator Gibson. Motion carried.

In compliance with a notice given on a previous day, Senator Gibson moved that the vote whereby Assembly Bill No. 268 was refused passage be reconsidered.

Seconded by Senator Monroe. Remarks by Senator Gibson. Motion carried.

GENERAL FILE AND THIRD READING Senate Bill No. 217. Bill read third time. Roll call on Senate Bill No. 217: YEAS-19. NAYS-None. Absent-Herr.

Senate Bill No. 217 having received a constitutional majority, Mr. President declared it passed, as amended.


Senate Bill No. 378. Bill read third time. Roll call on Senate Bill No. 378: YEAS-18. NAYS-None. Absent-Herr, Pozzi-2.



Senate Bill No. 396. Bill read third time. Roll call on Senate Bill No. 396: YEAS-18. NAYS-None. Absent-Herr, Pozzi-2.



Senate Bill No. 417. Bill read third time. Roll call on Senate Bill No. 417: YEAS-19. NAYS-None. Absent-Herr.



Senate Bill No. 452. Bill read third time.

654 JOURNAL OF THE SENATE <../- -1- ~ f Senate Bill No. 388. Bill read third time. The following amendment was proposed by the Committee on Labor: Amendment No. 2176. Amend section 1, page 1, by deleting line 16 and inserting: "( e) Payroll period covered." Senator Manning moved the adoption of the amendment. Seconded by Senator Monroe. Amendment adopted. Bill ordered reprinted, re-engrossed, and to third reading.

_""A~~bly Bill No. 268. Bill read third time. Remarks by Senators Monroe, Slattery, and Dodge. Roll call on Assembly Bill No. 268: YEAS--15. NAYS-Harris, Hecht, Manning, Slattery-4. Absent-Herr.

Assembly Bill No. 268 having received a constitutional majority, Mr. President declared it passed, as amended.


UNFINISHED BUSINESS Mr. President:

The third Committee on Conference concerning Assembly Bill No. 116, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendments of the Senate be receded from. It has agreed to recommend that the bill be further amended as set forth in

Amendment No. IC which is attached to and hereby made a part of this report. Amendment No. lC. Amend the title on the second line by deleting "207.272" and inserting "205.272". w ARREN L. MONROE, Chairman RoY L. TORVINEN, Chairman MARVIN L. WHITE ZELVIN D. LOWMAN CARL F. DODGE WILLIAM D. SWACKHAMER Senate Committee on Conference Assembly Committee on Conference

MOTIONS, RESOLUTIONS, AND NOTICES Senator Monroe moved that the Senate adopt the report of the third

Committee on Conference concerning Assembly Bill No. 116. Seconded by Senator Manning. Motion carried.

UNFINISHED BUSINESS There being no objections, the President and Secretary signed Senate

Bill No. 207; Assembly Bills Nos. 179, 253, 372, 385, 395, 524, 526, 527, 532, 640, 54, 399, 684; Assembly Joint Resolution No. 45; Senate Concurrent Resolution No. 12; Assembly Concurrent Resolution No. 13.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR On request of Senator Dodge, the privilege of the floor of the Senate

Chamber for this day was extended to Mesdames Wilson McGowan, Leona Munk, and Miss Eleanor Bogdonovich.

(REPRINTED WITH ADOPTED AMENDMENTS)

./ FffiST REPRINT A. B. 268

ASSEMBLY BILL NO. 268-COMMITTEE ON TRANSPORTATION

FEBRUARY 12, 1969

Referred to Committee on Transportation

SUMMARY-Enacts implied consent to chemical test for alcoholic content of blood law. (BDR 43-255)

EXPLANATION-Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT to amend chapter 484 of NRS, relating to traffic laws, by providing that allegedly intoxicated vehicle drivers impliedly consent to chemical tests to determine degree of intoxication; providing for suspension of the driving privilege for refusal; and providing other matters properly relating thereto.

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

?1.·, SECTION 1. Chapter 484 of I\'RS is hereby amended by adding :; thereto the provisions set forth as sections 2 to 7, inclusive, of this act. v SEC. 2. I. 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

. 5> given his consent to a chemical test of his blood, urine, breath or other ·$'1 bodily substance for the purpose of determining the alcoholic content of J;. his blood when such test is administered at the direction of a police officer ll. having reasonable grounds to believe that such person was driving a vehi-

19 'cle while under the inlluence of intoxicating l~quor an_d after such person

"ft"' was arrested for any offense allegedly committed while such person was a::driving a vehicle under the influence of intoxicating liquor. '!!!~j· 2. Such person shall be informed that his failure to submit to such

Ill·:· test will result in the suspension of his privilege to drive a vehicle for a t period of 6 months.

15,, 3. Any person who is dead, unconscious, or otherwise in a condition lJ!,:zJenderin~ him incapable of refusal shall be deeme4 _not to have with-

!!:0iJi,•drawn his consent, and any such test may be adm1mstered whether or iJ;l?iot su~h person is i~formed_ tha~ J:is failure. to subm~t to such te~t will

result m the suspension of his pnv1lege to drive a vehicle for a perwd of <t> .. .. months.

· 4. Any person who is afflicted with hemophilia or with a heart con'tion requiring the use of an anticoagulant as determined by a physician

-2-

1 is exempt· from any blood test which may be required pursuant to 2 section. . 3 5. A person may refuse to submit to a blood test if means are reasoli~ 4 ably available to perform a breath or urine test, and may ref use to submit 5 to a blood or urine test if means are reasonably available to perform a 6 breath test. 7 SEC. 3. I. If a person under arrest refuses to submit to a required. 8 chemical test as directed by a police officer under section 2 of this act; , 9 none shall be given; but the department of motor vehicles, upon receipt of

10 a sworn written statement of such officer that he had reasonable grounds 11 to believe the arrested person had been driving a vehicle upon a highway 12 while under the influence of intoxicating liquor and that such person 13 refused to submit to such test upon the request of such officer, shall imme.., 14 diately: 15 (a)Suspend such person's license or instruction permit to drive for a 16 period of 6 months; · 17 (b) If such person is a nonresident, suspend his privilege to drive a 18 vehicle in this state for a period of 6 months and inform the appropriate 19 agency in the state of his residence of such action; or 20 (c) If such person is a resident without a license or instruction permit to 21 drive, deny to such person the issuance of a license or permit for a period 22 of 6 months after the date of the alleged violation. 23 2. The revocations provided for in subsection I shall become effective 24 I 0 days after the mailing of written notice thereof by such department to 25 any such person at his last-known address. 26 SEC. 4. 1. Except as provided in subsection 2, any person whose 27 license or permit has been suspended, or the issuance thereof has been 28 delayed, pursuant to section 3 of this act may request a hearing before the 29 department of motor vehicles, and such hearing shall be afforded him in 30 the same manner and under the same conditions as are provided in sub-31 section 8 of NRS 483.470. .. 32 2. The scope of such hearing shall be limited to the issues of whether 33 a police officer had reasonable grounds to believe such person had been 34 driving a vehicle upon a highway while under the influence of intoxicating 35 liquor, had been placed under arrest, and had refused to submit to the 36 test upon the request of the police officer. Whether such person ·was 37 informed that his privilege to drive would be suspended if he refused to 38 submit to the test shall not be an issue. 39 3. If the suspension or determination that there be a denial of issu-40 ance is sustained after such hearing, the person whose license or permit 41 has been suspended, or to whom a license or permit has been denied, shall 42 have the right to a review of the matter in district court in the same man- · 43 ner as provided by NRS 483.520. 44 SEC. 5. I. lf a person refuses to submit to a required chemical test 45 provided for in section 2 of this act, evidence of such refusal shall be 46 admissible in any criminal action arising out of acts alleged to have been 47 committed while such person was driving a vehicle while under the 48 influence of intoxicating liquor. 49 2. If a person submits to such a test, full information concerning such f!O test shall be made available, upon his request, to him or his attorney.

-3--

1 SEC. 6. I. A person arrested for driving a vehicle while under the 2 influence of intoxicating liquor shall be permitted, upon his request and at 3 his expense, reasonable opportunity to have a qualified person of his own 4 choosing administer a chemical test or tests for the purpose of determining 5 the alcoholic content of his blood. 6 2. The failure or inability to obtain such a test or tests by such person 1 shall not preclude the admission of evidence relatingifo the refusal to sub-8 mit to a test or relating to a test taken upon the request of a police o.fficer. 9 3. A test obtained under the provisions of this section may not be

10 substituted for or stand in lieu of the test required by section 2 of this act. 11 SEC. 7. I. The results of any blood test administered under the provi-12 sions of section 2 or section 6 of this act shall not be admissible in any 13 hearing or criminal action arising out of the acts alleged to have been 14 committed while a person was under the influence of intoxicating liquor 15 unless the blood tested was withdrawn by a physician, registered nurse or 16 a technician employed in a medical laboratory. 17 2. The limitation contained in subsection I shall not apply to the tak-18 ing of a chemical test of the urine, breath or other bodily substance. 19 3. No such physician, registered nurse or technician shall incur any 20 civil or criminal liability as a result of the administering of a blood test 21 when requested by a police officer or the person to be tested to administer 2:1< such test. 23 SEC. 8. This act shall become effective upon passage and approval.

...... "'

j

• j

•

•

TRANSPORTATION COMMITTEE MEETING HELD APRIL llTH, 1969

Members present: Hafen, Kean, Glaser, Tyson, Ashworth and Wood

Members absent:

Others present:

Howard

Virgil Anderson, AAA Darryl Capurro Jim Bailey, Department of Motor Vehicles Bob Guinn, Nevada Motor Transport Grant Davis, Bill Drafter

Chairman Hafen called the meeting to order at 11:15 A.M. They discussed Senate amendments to AB 268 first.

Grant Davis said that if you have all three tests available a fellow has a right to a blood test,

Chairman Hafen said that he thought AB 268 is a good bill. The Senate had to reconsider it and I don't think we should lose it he said.

Mr. Glaser commented that he would like to clear this up now rather than have it fought out on the floor.

Mr. Anderson said that the intent of th~ bill was to give the individual of choice of what kind of test he prefered.

After more discussion Mr. Glaser moved that we concur with Senate on AB 268 • Motion Seconded. ?-lotion carried unanimiously.,

Chairman: "AB 263". A bill which separates drunk driving and driving under influence of drugs.

Mr. Kean moved to concur with Senate on AB 263. Motion 5,econded. Motion cart·ied unanimously.

Chairman: "AB 264". A bill which requires affidavit of power cycle manufacturer that motor is within legal limits.

Motion was made to concur with Senate on the amendment.to AB 264. Motion seconded Motion carried unanimously.

Chairman Hafen: SB 203 is next. A bill which estahlishes fee for vehicle manufacturer's or dealer's license certificate.

Motion was made to do pass. Motion seconded. Motion carried.

Chairman Hafen: "Next SB 463". A bill which provides for monthly motor carrier mileage tax returnsff

Motion was made to concur with Senate

Motion rescinded and it was agreed to move on AB 463 the next meeting.

S-ATUTES OF NEVAM l 9{pq·· ··~ I FIFTY-FIFTH SESSION 593

the onset of such disease and had medical examinations annually which included examinations of the heart.

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

Assembly Bill No. 268--Committee on Transportation

CHAPTER 341 A AN ACT to amend chapter 484 of NRS, relating to traffic laws, by providing that

allegedly intoxicated vehicle drivers impliedly consent to chemical tests to determine degree of intoxication; providing for suspension of the driving privilege for refusal; and providing other matters properly relating thereto.

[Approved April 15, 1969]


SECTION 1. Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

SEC. 2. J. Except as provided in subsections 4 and 5, any person LJ'J'-/, 383 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 when such test is administered at the direction of a police officer having reasonable grounds to believe that such person was driving a vehi-cle while under the influence of intoxicating liquor and after such person was arrested for any ofjense allegedly committed while such person was driving a vehicle under the influence of intoxicating liquor.

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.

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 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.

SEC. 3. 1. If a person under arrest refuses to submit to a required 4 '54. 38'5 chemical test as directed by a police officer under section 2 of this act, 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

594 LAWS OF NEVADA

to believe the arrested person had been driving a vehicle upon a highway while under the influence of intoxicating liquor and that such person refused to submit to such test upon the request of such officer, 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. The revocations provided for in subsection I shall become effective IO days after the mailing of written notice thereof by such department to any such person at his last-known address.

LjSLJ-387 SEc.4. 1. Except as provided in subsection 2, any person whose license or permit has been suspended, or the issuance thereof has been delayed, pursuant to section 3 of this act may request a hearing before the department of motor vehicles, and such hearing shall be afforded him in the same manner and under the same conditions as are provided in subsection 8 of NRS 483.470.

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, had been placed under arrest, and had refused to submit to the test upon the request of the police officer. Whether such person was informed that his privilege to drive would be suspended if he refused to submit to the test shall not be an issue.

3. If the suspension or determination that there be a denial of issuance is sustained after such hearing, the person whose license or permit has been suspended, or to whom a license or permit has been denied, shall have the right to a review of the matter in district court in the same manner as provided by NRS 483.520.

ii'?~ · 3~~ SEC. 5. I. If a person refuses to submit to a required chemical test provided for in section 2 of this act, 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.

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.

'1 't4 , 3~ / SEC. 6. I. A person arrested for driving a vehicle while under the influence of intoxicating liquor 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.

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.

3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by section 2 of this act.

FIFTY-FIFTH SESSION 595

SEC. 7. 1. The results of any blood test administered under the provi- L{ ~!../ ' 39 J sions of section 2 or section 6 of this act 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 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 I 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. 8. This act shall become effective upon passage and approval.

Assembly Bill No. 539-Mr. Reid

CHAPTER 342

AN ACT relating to motor vehicle registration and drivers' licenses; providing that drivers' license numbers be identical to social security numbers; and providing other matters properly relating thereto.

[Approved April 15, 1969]


SECTION 1. Chapter 483 of NRS is hereby amended by adding thereto a new section which shall read as follows: 'ig3 3'15

The number of any driver's license issued or renewed by the depart- ' ment after the efJective date of this act shall be identical to the social security number of the licensee. If the licensee does not have a social security number, the department may assign a number.

Assembly Bill No. 506-Committee on Transportation

CHAPTER 343 A AN ACT relating to drivers' licenses; authorizing state-military reciprocity in the

suspension of driving privileges; and providing other matters properly relating thereto.

[Approved April 15. 1969]


SECTION 1. Chapter 483 of NRS is hereby amended by adding thereto a new section which shall read as follows:

The department may suspend or revoke the license of a member of ~'?3. '-145

j~

.