[Rev. 12/19/2019 5:43:30 PM]
κ1928 Statutes of Nevada, 6th Special Session, Page 1κ
LAWS OF THE STATE OF NEVADA
PASSED AT THE
SPECIAL SESSION OF THE LEGISLATURE
1928
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[Senate Bill No. 1Senator Cowles]
Chapter 1An Act to create a legislative fund.
[Approved January 19, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, the sum of twenty thousand dollars ($20,000), which shall constitute the legislative fund. Sec. 2. The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the senate and assembly for per diem, mileage, stationery allowances, compensation, and incidental expenses of the respective houses, when properly certified to in accordance with law, and the state treasurer is hereby authorized and required to pay the same. Sec. 3. All moneys remaining in said fund after all claims and bills approved by this legislature for payment therefor have been paid, shall revert to the general fund. Sec. 4. This act is hereby declared an emergency act and shall take effect and be in force on the date of its passage and approval. |
Legislative appropriation, $20,000
Duties of controller and treasurer
Residue to revert
In effect |
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[Senate Bill No. 4Senator Berney]
Chap. 2An Act for the relief of the Carson Valley bank.
[Approved January 24, 1928]
Whereas, The state board of examiners at a meeting duly held on May 12, 1927, by resolution duly adopted, declared that a great emergency existed in respect to state finances and that a full and complete investigation and audit of the books of the several departments of state, |
Preamble |
κ1928 Statutes of Nevada, 6th Special Session, Page 2 (CHAPTER 2, SB 4)κ
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Preamble
Appropriation; duties controller and treasurer
In effect |
and that a full and complete investigation and audit of the books of the several departments of state, including the state treasurers office, Nevada state hospital for mental diseases, Nevada state prison, and the state highway department, should be made immediately, and, thereafter, in conformity with said resolution, the firm of Hood and Strong, auditors and accountants, was employed for the purpose of making said audit, and, thereafter, said audit was completed by said firm and submitted to the state board of examiners, and the said firm of Hood and Strong fully complied with the terms and conditions of the contract and fully performed the work required of them; and Whereas, There existed no appropriation for the payment of said services and the state board of examiners, by unanimous vote, adopted a deficiency resolution covering the same and it thereafter requested and arranged with the Carson Valley bank to pay the claim, agreeing with the said bank that it would recommend to the legislature that such claim be paid with interest thereon at a rate of five and one-half (5 1/2%) per cent per annum from the 30th day of September, 1927, until paid, and the bank did pay said claim on the 30th day of September, 1927; and Whereas, The total amount of said claim for said services is the sum of three thousand, nine hundred thirty-six and 66/100 ($3,936.66) dollars, together with interest thereon amounting to seventy-two and 78/100 ($72.78) dollars; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of three thousand, nine hundred thirty-six and 66/100 ($3,936.66) dollars, together with interest thereon at the rate of five and one-half (5 1/2%) per cent per annum from the 30th day of September, 1927, to the date of approval of this act is hereby appropriated out of any moneys in the state treasury not otherwise appropriated for the payment of the above-described claim of the Carson Valley bank, and the state controller is hereby authorized and directed to draw his warrant therefor and the state treasurer to pay the same. Sec. 2. This act shall take effect and be in force from and after its passage and approval. |
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κ1928 Statutes of Nevada, 6th Special Session, Page 3κ
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[Assembly Bill No. 2Washoe County Delegation]
Chap. 3An Act authorizing and directing the board of county commissioners of Washoe County, Nevada, to borrow money for the purpose of paying a deficit of the 1927 Nevada Transcontinental Highways Exposition; to levy and collect a tax for the payment of the same, and other matters relating thereto.
[Approved January 24, 1928]
Whereas, The board of governors of the 1927 Nevada Transcontinental Highways Exposition incurred an indebtedness of $34,390.83 for said exposition in excess of the funds provided by law to meet and pay the same; and the board of county commissioners of Washoe County, Nevada, incurred an indebtedness of $3,000 for said exposition in excess of the funds provided by law to meet and pay the same; and Whereas, The incurring of said indebtedness was necessary to the success and proper management of said exposition; and Whereas, The board of governors of said exposition and board of county commissioners of Washoe County, Nevada, are without funds with which to meet and make payment of said total indebtedness of $37,390.83; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Washoe County, Nevada, are hereby authorized and directed to make a loan in the sum of $37,390.83, and to issue, as evidence thereof, in the name of Washoe County, Nevada, negotiable paper, notes, or short-time negotiable bonds. Said evidence of indebtedness shall mature not later than two and one-half years from the date of issuance, and shall bear interest at not to exceed eight per cent (8%) per annum, and be redeemable at the option of the said Washoe County at any time when money is available in the emergency tax fund hereinafter provided. Sec. 2. It shall be the duty of the board of county commissioners of Washoe County, Nevada, at the first tax levy following the creation of the indebtedness provided for in section 1 hereof, to levy a tax sufficient to pay the same, together with the interest thereon, which shall be designated Exposition Emergency Tax, the proceeds of which shall be placed in The Exposition Emergency Fund in the treasury of said county, and used solely for the purpose of maturing and redeeming the said loan for which the same is levied. |
Preamble
County commissioners to make authorized loan
Tax levy to be made to redeem indebtedness |
κ1928 Statutes of Nevada, 6th Special Session, Page 4 (CHAPTER 3, AB 2)κ
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Loan to pay deficiency 1927 Nevada Transcontinental Highways Exposition
In effect |
Sec. 3. The moneys derived from said loan shall be paid out and disbursed for the purpose of meeting said deficiency of $37,390.83 upon presentation of an order signed by a majority of the board of governors of said 1927 Nevada Transcontinental Highways Exposition to the board of county commissioners of Washoe County. The said board of county commissioners shall allow a claim providing for the payment of the amount of money specified in said order of said majority of the members of said board of governors of the said 1927 Nevada Transcontinental Highways Exposition, and the county auditor shall draw a warrant for said amount, and the said warrant shall be paid by the county treasurer out of moneys secured by said loan, as aforesaid; and no money shall be drawn out of said fund or paid by said county treasurer from said fund in any manner other than as herein specified. Sec. 4. This act shall take effect immediately upon its passage and approval. |
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Controller to file bond of $25,000
In effect |
[Senate Bill No. 10Senator J. H. Miller]
Chap. 4An Act to amend section 2 of an act entitled An act defining the duties of state controller, approved February 24, 1866.
[Approved January 26, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of an act entitled An act defining the duties of state controller, approved February 24, 1866, is hereby amended to read as follows: Section 2. Before entering upon the duties of his office he shall execute his official bond to the State of Nevada in the penal sum of twenty-five thousand ($25,000) dollars, conditioned for the true and faithful performance of the duties enjoined by law, and for the safe delivery to his successor in office of all books, papers, documents, maps, vouchers, official records, and other effects belonging or appertaining to the office of controller or to the State of Nevada. Such bond shall be executed by a surety company authorized to do business and to execute surety bonds to the State of Nevada. Sec. 2. This act shall take effect upon its passage and approval. |
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κ1928 Statutes of Nevada, 6th Special Session, Page 5κ
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[Assembly Bill No. 1White Pine County Delegation]
Chap. 5An Act to amend an act entitled An act to provide a general highway law for the State of Nevada, approved March 23, 1917, as amended.
[Approved January 26, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The above-entitled act is hereby amended by adding a new section thereto, to be designated as section 8b, reading as follows: Section 8b. That in addition to the highways enumerated in section 8 and in section 8a of the above-entitled act there is hereby added the route described as follows: Route 24. Beginning at a point on route 1 near Wendover, and running thence in a southwesterly direction to a point on route 2 in Steptoe Valley between Magnusons Ranch and Currie. Sec. 2. As soon as funds are available therefor the department of highways shall commence the construction of said route. Sec. 3. This act shall take effect and be in force from and after its passage and approval. |
New route added
Route 24 defined
Constructed when funds available In effect |
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[Assembly Bill No. 3Mr. Fuss]
Chap. 6An Act authorizing boards of directors of irrigation districts to pay a commission for negotiating the sale of irrigation district bonds and other matters relating thereto.
[Approved January 26, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever any irrigation district, now or hereafter organized under the laws of this state, has been authorized to issue bonds of such district, and such bonds have been advertised for sale in conformity to law, without securing bids therefor equaling the prescribed minimum price, and the board of directors of such district have not been able to sell such bonds at private sale for an amount equaling such minimum, the board of directors may within one year from the date of approval of this act, subject to the approval of the state board of irrigation district bond commissioners, enter into a written contract with any person, firm or corporation to negotiate the sale of said bonds, or any definite portion thereof, for an amount not less than the prescribed minimum price, and may agree to pay a commission for the negotiation of the sale thereof not exceeding ten per cent of the amount for which said bonds are sold, which commission may be paid from the money derived from the sale of said bonds. |
Commission may be paid for negotiating sale of irrigation district bonds |
κ1928 Statutes of Nevada, 6th Special Session, Page 6 (CHAPTER 6, AB 3)κ
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In effect |
ten per cent of the amount for which said bonds are sold, which commission may be paid from the money derived from the sale of said bonds. Sec. 2. This act shall be effective immediately upon its passage and approval. |
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How certain lands may be annexed
In effect |
[Assembly Bill No. 4Mr. Fuss]
Chap. 7An Act to amend an act entitled An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water, cooperation with the United States; and matters properly connected therewith, approved March 19, 1919, as amended, by amending section 36 thereof relative to the inclusion of the lands within irrigation districts.
[Approved January 26, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 36 of the above-entitled act is hereby amended to read as follows: Section 36. The holder or holders of any title or evidence of title, as defined in section 1 hereof (except that such holder or holders need not be the holder or holders of title or evidence of title of five acres of land or any other specified area of land), representing one-half or more of any lands adjacent to or in the vicinity of an irrigation district, whether contiguous or not, and which are susceptible of irrigation or drainage, or both, by the district system, or combined systems of works, may file with the board of directors of the district a petition, in writing, setting forth that said lands are susceptible of irrigation or drainage, or both, as the case may be, by the district system or systems, and praying that said land may be annexed. The petition shall describe the land and also describe the several parcels owned by petitioners. All or any portion of the lands in any city, where the vote for mayor at the last preceding election was not less than five hundred and fifty votes and not more than one thousand votes, may in the same manner be included within the boundaries of any irrigation district if they shall be susceptible of irrigation or drainage, or both, by the district system or systems, and upon such inclusion said lands in such city, town, or municipal corporation shall be subject to all of the provisions of this act. Sec. 2. This act shall be effective immediately upon its passage and approval. |
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κ1928 Statutes of Nevada, 6th Special Session, Page 7κ
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[Senate Bill No. 15Senator Henderson]
Chap. 8An Act to appropriate funds to defray the costs and expenses of the Colorado river development commission.
[Approved January 27, 1928]
Whereas, The amount appropriated for the years 1927 and 1928 for the payment of the costs and incidental expenses of the Colorado river commission of Nevada was inadequate to meet the costs and necessary expenses of said commission and to properly carry on the work of said commission to the end that the State of Nevada might receive proper consideration and full protection of any and all rights of the State of Nevada in and to the waters of the Colorado river and in and to any possible benefits arising out of the development of power and reclamation projects in connection therewith; and Whereas, The said amount appropriated has been expended and in addition thereto the said commission has contracted obligations in an amount approximating the sum of forty-six hundred dollars; and Whereas, In order that said commission may continue to function and carry out the provision of the act under which it was created it will be and is necessary that adequate funds be appropriated for the payment of the costs and incidental expenses of said commission; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of fifteen thousand dollars ($15,000) is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, for the purpose of paying such claims for costs and incidental expenses of the Colorado river development commission as may be approved and allowed by the state board of examiners. Every claim for costs or incidental expenses herein provided for must contain a statement of such costs or expenses in detail, with all the items thereof, and sworn to by the person making such claim before some officer authorized to administer oaths. Sec. 2. This act shall take effect immediately upon its passage and approval. |
Preamble
Appropriation, $15,000
In effect |
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κ1928 Statutes of Nevada, 6th Special Session, Page 8κ
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Secretary of state to file bond of $50,000
In effect |
[Senate Bill No. 13Senator J. H. Miller]
Chap. 9An Act to amend an act entitled An act concerning the office of secretary of state, approved February 14, 1865.
[Approved January 27, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of an act entitled An act concerning the office of secretary of state, approved February 14, 1865, is hereby amended to read as follows: Section 1. From and after the passage of this act the official bond of the secretary of state shall be in the penal sum of fifty thousand ($50,000) dollars, and the present secretary of state shall forthwith make and execute his bond to the State of Nevada in said sum. That hereafter the secretary of state, before entering upon any of the duties of his office, shall make and execute his bond to the State of Nevada in said penal sum of fifty thousand ($50,000) dollars. That said bond shall have as surety a reputable surety company or companies authorized to do business in this state and shall be conditioned for the faithful performance of the several duties imposed upon him by the constitution and laws of this state. Sec. 2. That the legislature declares this to be an emergency measure, for which reason the same shall become effective immediately upon its passage and approval. |
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Preamble |
[Assembly Bill No. 5Mr. Ellis]
Chap. 10An Act for the relief of E. B. Cornell and Don Maestretti.
[Approved January 31, 1928]
Whereas, In the month of November, 1926, the department of highways of the State of Nevada, while engaged in the performance of highway maintenance work between Campbell Creek and Railroad Pass, in Lander County, were permitted by the owners thereof to store their gasoline and oils in a building at the Peterson ranch, so-called, of E. B Cornell and Don Maestretti; and Whereas, One of the employees of the department of highways, on a certain night in said month of November, carelessly took a kerosene lantern into said building while securing a supply of gasoline, and by reason thereof an explosion occurred resulting in a fire which completely destroyed said building and other adjoining buildings belonging to the said E. B. Cornell and Don Maestretti, together with certain valuable tools, supplies, and other articles of personal property stored therein and the property of said E. |
κ1928 Statutes of Nevada, 6th Special Session, Page 9 (CHAPTER 10, AB 5)κ
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together with certain valuable tools, supplies, and other articles of personal property stored therein and the property of said E. B. Cornell and Don Maestretti, which said buildings and personal property were valued by the said owners thereof at the sum of two thousand dollars ($2,000); and Whereas, Appraisers appointed in their behalf by the department of highways of the State of Nevada and the said E. B. Cornell and Don Maestretti have fixed the amount of the loss to said E. B. Cornell and Don Maestretti, occasioned by said fire, at the sum of thirteen hundred fifty dollars ($1,350), and such loss amounts to not less than that sum, and the said E. B. Cornell and Don Maestretti have not been compensated to any extent on account thereof; and Whereas, A claim for said loss has been presented to, and approved by, the state board of examiners; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The claim of E. B. Cornell and Don Maestretti in the sum of thirteen hundred fifty ($1,350) dollars is hereby allowed and declared to be a valid claim against the funds in the state highway department of the State of Nevada, and the sum of thirteen hundred fifty ($1,350) dollars is hereby appropriated out of any moneys in the state highway fund, and the state controller is hereby directed to draw his warrant in said amount on said fund in favor of E. B. Cornell and Don Maestretti, and the state treasurer is directed to pay the same from the funds of the state highway department. Sec. 2. This act shall be effective immediately from and after its passage and approval. |
Preamble
Appropriation, $1,350
In effect |
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κ1928 Statutes of Nevada, 6th Special Session, Page 10κ
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Subdivisions may acquire airports
Parks may be used
Purposes declared public use |
[Senate Bill No. 19Senator Fairchild]
Chap. 11An Act authorizing and empowering any city or county or any town or any municipal corporation in the State of Nevada to acquire land and construct and complete improvements thereon necessary or convenient to the maintenance or operation of airports, the flying and landing of aircraft, and the maintenance and operation of hangars for storing aircraft; permitting use for said purposes of property owned for park purposes; providing for the incurring of indebtedness and the issuing of bonds for said purposes, and for the levying of taxes therefor; declaring such use to be a public use; and matters in connection therewith.
[Approved January 31, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any city, or county, or any town, or any municipal corporation, in the State of Nevada is hereby authorized and empowered to acquire by purchase, condemnation, donation, lease, or otherwise, real or personal property, or to use any real property owned by it, or which it may hereafter acquire, within or without its corporate limits for a site upon which an airport or airports may be maintained and upon which any such city, or county, or town, or municipal corporation may erect and maintain or permit the erection and maintenance of hangars, mooring masts, flying fields, and all places for flying, take-off and landing of aircraft and the storage of the same when not in active use, together with lights, radio equipment, service shops, conveniences, appliances, works, structures and other air navigation facilities, now known or hereafter invented, of such number and character and in such places as may be necessary or convenient, and to levy taxes for the purpose of raising funds to acquire lands for the purposes mentioned in this act and to pay the principle and interest of any bonds issued pursuant hereto. Any lands previously acquired by any such city, or county, or town, or any municipal corporation in the State of Nevada for park purposes, may be used for any of the purposes in this section specified; it being hereby specifically declared that the purpose specified in this section shall constitute park purposes. The foregoing sentence shall not be construed to limit or confine the uses specified in this section to lands acquired for park purposes. The uses and purposes in this section specified are hereby declared to be a public use and subject to the exercise of the right of eminent domain, whether such right shall have been exercised prior to or shall be exercised subsequently to the passage and approval of this act. |
κ1928 Statutes of Nevada, 6th Special Session, Page 11 (CHAPTER 11, SB 19)κ
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been exercised prior to or shall be exercised subsequently to the passage and approval of this act. Sec. 2. Any city, or county, or any town, or any municipal corporation in the State of Nevada, is hereby authorized and empowered to incur indebtedness for any of the purposes mentioned in this act, and to issue bonds for the acquisition, construction and completion of any of the purposes mentioned in section 1 of this act in the same form and manner as debt is incurred and bonds issued for other municipal purposes, and subject to the conditions, restrictions, proceedings and rights of initiative and referendum now governing the issuance of bonds for other municipal purposes. Sec. 3. In connection with the erection or maintenance of any such airport or airports, or air navigation facilities, any such city, or county, or town, or any municipal corporation, shall have the power and jurisdiction to regulate the receipt, deposit and removal, the embarkation or debarkation of passengers or property for and from such landing places or moorage as may be provided, to exact and require charges, fees and tolls, together with a lien to enforce their payment, to lease or assign for operation such space or area, appurtenances, appliances or other conveniences necessary or useful in connection therewith, to own and operate municipal aircraft, to employ pilots, to provide rules and regulations covering the use of such airport and facilities and the use of other property or means of transportation within or over the said airport, to perform any duties necessary or convenient for the regulation of air traffic, to enter into contracts or otherwise cooperate with the federal government or other public or private agencies, and otherwise exercise such powers as may be required or convenient in the promotion of aeronautics and the furtherance of commerce and navigation by air. Sec. 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Sec. 5. This act is declared to be an emergency measure. This act shall take effect and be in full force from and after its passage and approval. |
Indebtedness may be incurred
Powers of regulation vested
Inconsistent acts repealed In effect |
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κ1928 Statutes of Nevada, 6th Special Session, Page 12κ
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Count of moneys in state treasury; who shall count
Affidavits to be made and filed
Actual cash or moneys only to be counted
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[Senate Bill No. 14Senator J. H. Miller]
Chap. 12An Act to provide for the counting of cash and moneys, funds and securities, in the state treasury, providing for certain statements relative thereto, and imposing certain duties on the state treasurer, state bank examiner, state auditor, chairman of the Nevada industrial commission, and board of examiners and other matters relating thereto.
[Approved January 31, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever the board of examiners shall count the moneys in the treasury, as now required by law, there shall be present also the chairman of the Nevada industrial commission, the state bank examiner and state auditor, and a majority of the board of examiners, and such board and officers shall count all moneys and securities in the treasury belonging to the state, or to any department thereof, and all moneys and securities of the Nevada industrial commission, and all other moneys and securities of which the state treasury is custodian. When the count of state moneys, funds, and securities is completed said board of examiners and said officers shall make an affidavit and file the same in the office of the secretary of state, showing the actual amount of money in the treasury, or in the custody of the state treasurer, in cash, the amount of moneys on deposit in banks, listing each depositary bank and the amounts on deposit, and the securities therein, separately; a complete itemized list of all securities deposited with the state treasurer, or in the state treasury, or of which the state treasurer is custodian, showing the person, firm, corporation, department, or commission for whom the state treasurer holds such moneys, funds, or securities. Said affidavit shall be filed with the secretary of state and when so filed shall be and become a public record. A copy of such affidavit shall be forthwith mailed to every depositary bank in which the state treasurer has on deposit moneys of the state, and a copy thereof shall be delivered to the Nevada industrial commission, a copy to the state bank examiner, and a copy to the state auditor. Sec. 2. It shall be unlawful for the board of examiners, or any member thereof, the chairman of the Nevada industrial commission, the state bank examiner and the state auditor to count as cash or moneys in the state treasury anything but actual money and cash in the state treasury, or moneys on deposit in depositary banks secured as provided by law. Sec. 3. If any member of the board of examiners, or the chairman of the Nevada industrial commission, or the state bank examiner and state auditor shall willfully fail to perform the duties imposed under the provisions of this act for three successive months, or shall willfully neglect or refuse to perform any duty enjoined hereunder, or under the provisions of any law relating to the duties of members of the board of examiners relative to the counting of cash and moneys in the state treasury, he shall be deemed guilty of misdemeanor in office. |
κ1928 Statutes of Nevada, 6th Special Session, Page 13 (CHAPTER 12, SB 14)κ
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bank examiner and state auditor shall willfully fail to perform the duties imposed under the provisions of this act for three successive months, or shall willfully neglect or refuse to perform any duty enjoined hereunder, or under the provisions of any law relating to the duties of members of the board of examiners relative to the counting of cash and moneys in the state treasury, he shall be deemed guilty of misdemeanor in office. Sec. 4. That the legislature declares this to be an emergency measure, for which reason the same shall become effective immediately upon its passage and approval. |
Penalty for noncompliance with act
In effect |
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[Assembly Bill No. 12Joint Judiciary Committees of Senate and Assembly]
Chap. 13An Act to create a public corporation to be known as State Bar of Nevada, to provide for its organization, government, membership and powers, to regulate the practice of law, and to provide penalties for violation of said act.
[Approved January 31, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title of Act. This act may be known and cited as the state bar act. Sec. 2. Public Corporation CreatedPowers. There is hereby constituted a public corporation to be known as State Bar of Nevada, hereinafter designated as the state bar, which shall have perpetual succession and a seal and may sue and be sued, and which may, for the purpose of carrying into effect and promoting the objects of said corporation, enter into contracts and acquire, hold, encumber, dispose of and deal in and with real and personal property. The term of existence and the powers of said corporation may be changed or terminated at any time by an act of the legislature of the State of Nevada. Sec. 3. First Members. The first members of the state bar shall be all persons now entitled to practice law in this state. Sec. 4. Classes of Members. Members of the state bar shall be divided into two classes, namely, active members and inactive, or retired, members. Sec. 5. Classification of Members. Active members shall be all those who are not classified as inactive, or retired, members. Inactive, or retired, members shall be those who have, as hereinafter provided, requested to be enrolled as inactive members. |
Title of act Public corporation created; powers
First members
Classes of members
Classification of members |
κ1928 Statutes of Nevada, 6th Special Session, Page 14 (CHAPTER 13, AB 12)κ
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Inactive members only by request
New members
Inactive members, enrollment and privileges
Board of governors, how constituted
Officers
President and vice-presidents
Appointment of commissioners
State bar commission |
Sec. 6. Inactive Members Only by Request. Every person licensed to practice law in this state shall be deemed an active member until at his request he shall be enrolled as an inactive, or retired, member. Sec. 7. New Members. After the organization of the state bar, as herein provided, all persons who are admitted to practice in accordance with the provisions of this act shall become by that fact members of the state bar. Sec. 8. Inactive Members, Enrollment and Privileges. Active members who shall, after the taking effect of this act, retire from practice, shall be enrolled as inactive members at their request. Inactive members shall not be entitled to hold office or vote. They may, on application and payment of all registration fees required, become active members. Inactive members shall have such other privileges, not inconsistent with this act, as the board of governors may provide. Sec. 9. Board of Governors, How Constituted. There is hereby constituted a board of governors of the state bar, which shall consist of nine members to be elected as follows: From the counties of Clark and Lincoln, one (1) member; from the counties of White Pine and Elko, one (1) member; from the counties of Ormsby, Eureka, Lander, Humboldt and Churchill, two (2) members; from the counties of Lyon, Douglas, Mineral, Nye, Esmerelda, Pershing and Storey, one (1) members; from the county of Washoe, four (4) members, who shall hold office until the next annual meeting and until their successors are elected and qualified. Sec. 10. Officers. The officers of the state bar shall be a president, two (2) vice-presidents, a secretary, and a treasurer. Sec. 11. President and Vice-Presidents. The president and vice-presidents shall be elected by the board of governors from among their members at the time of the organization meeting of the state bar, as herein provided, and thereafter at the time of the annual meeting. The newly elected president and vice-presidents shall assume the duties of their respective offices at the conclusion of the annual meeting at which they are elected. Sec. 12. Appointment of Commissioners. Upon this act becoming effective four commissioners shall be appointed by the justices of the supreme court of the State of Nevada from among those qualified for active membership in the state bar. Sec. 13. State Bar Commission. The four members so appointed, with the chief justice of the supreme court of the State of Nevada, shall constitute a commission to place this act in operation and to organize the state bar, and to adopt such rules and regulations for the time being as it may deem necessary to complete the organization thereof, and shall call the organization meeting and generally give effect to this act. |
κ1928 Statutes of Nevada, 6th Special Session, Page 15 (CHAPTER 13, AB 12)κ
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Sec. 14. Election of Governors. At the organization meeting and at each annual meeting thereafter a full board of governors shall be elected as provided for in section 15 hereof. Sec. 15. Nominations and Elections. Nominations for governors shall be by petition signed by at least five members entitled to vote for such nominees. The election shall be by ballot. The ballots shall be mailed to those entitled to vote at least thirty days prior to the date of canvassing the ballots and shall be returned by mail, and the ballots shall be canvassed at the ensuing annual meeting. In other respects the election shall be as the board of governors may by rule direct. Only active members of the state bar residing in the respective counties, as in section nine provided, shall be entitled to vote for the governor or governors therefrom; provided, that active members residing outside the State of Nevada shall be entitled to vote for governor from such district as such members shall respectively designate. Sec. 16. Vacancies. Vacancies in the board of governors shall be filled by the board by appointment. Sec. 17. Duties of Officers. It shall be the duty of the president to preside at all meetings of the state bar and of the board of governors, and in the event of his absence or inability to act, one of the vice-presidents shall preside. Other duties of the president, vice-presidents, and the duties of the secretary and the treasurer shall be such as the board of governors may prescribe. Sec. 18. Secretary and Treasurer. The secretary and the treasurer shall be selected annually by the board of governors. Sec. 19. Terms of Officers. The officers of the state bar shall continue in office until their successors are elected and qualify. Sec. 20. State Bar Governed by Board of Governors. The state bar shall be governed by the board of governors, which shall have the powers and duties in this act conferred. Sec. 21. Duties of Board. The board shall be charged with the executive functions of the state bar and the enforcement of the provisions of this act. Sec. 22. Power to Appoint Committees, Etc. The board shall have power to appoint such committees, officers and employees as it may deem necessary or proper, and fix and pay salaries and necessary expenses. Sec. 23. Power to Advance Jurisprudence and Administration of Justice. The board shall have power to aid in the advance of the science of jurisprudence and in the improvement of the administration of justice. Sec. 24. Admission to Practice. With the approval of the supreme court, and subject to the provisions of this act, the board shall have the power to fix and determine the qualifications for admission to practice law in this state, and to constitute and appoint a committee of not more than seven members with power to examine applicants and recommend to the supreme court for admission to practice law those who fulfill the requirements. |
Election of governors
Nominations and elections
Vacancies
Duties of officers
Secretary and treasurer
Terms of officers
State bar governed by board of governors
Duties of board
Power to appoint committees, etc.
To advance jurisprudence and administration of justice Admission to practice |
κ1928 Statutes of Nevada, 6th Special Session, Page 16 (CHAPTER 13, AB 12)κ
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Admission to practice
Rules of professional conduct
Disbarment, etc.
Power to adopt rules |
constitute and appoint a committee of not more than seven members with power to examine applicants and recommend to the supreme court for admission to practice law those who fulfill the requirements. With the approval of the supreme court the board shall have power to fix and collect fees to be paid into the treasury of the state bar; provided, however, that until otherwise fixed and determined, the requirements for admission to practice under this act shall be the same as those now prescribed by the supreme court for admission to practice in this state and shall be enforced as the same now are enforced. Sec. 25. Rules of Professional Conduct. With the approval of the supreme court, the board shall have power to formulate and enforce rules of professional conduct for all members of the bar in the state. Sec. 26. Disbarment, Etc. The board of governors shall have power, after a hearing for any of the causes set forth in the laws of the State of Nevada warranting disbarment, or suspension, to disbar members or to discipline them by reproval, public or private, or by suspension from practice, and the board shall have power to pass upon all petitions for reinstatement. The board of governors shall keep a transcript of the evidence and proceedings in all matters involving disbarment or suspension and shall make findings of fact and a decision thereon. Upon the making of any decision resulting in disbarment or suspension from practice said board shall immediately file a certified copy of said decision, together with said transcript and findings, with the clerk of the supreme court. Any person so disbarred or suspended may, within sixty days after the filing of said certified copy of said decision, petition said supreme court to review said decision or to reverse or modify the same, and upon such review the burden shall be upon the petitioner to show wherein such decision is erroneous or unlawful. When sixty days shall have elapsed after the filing of said certified copy, if no petition for review shall have been filed, the supreme court shall make its order striking the name of such person from the roll of attorneys or suspending him for the period mentioned in said decision. If, upon review, the decision of said board of governors be affirmed, then said court shall forthwith make such order striking said name from the rolls or of suspension. The board shall have power to appoint one or more committees to take evidence on behalf of the board and forward the same to the board with a recommendation for action by the board. Nothing in this act contained shall be construed as limiting or altering the powers of the courts of this state to disbar or discipline members of the bar as this power at present exists. Sec. 27. Power to Adopt Rules. Subject to the laws of this state the board shall have power to formulate and declare rules and regulations necessary or expedient for the carrying out of this act, and shall by rule fix the time and place of the annual meeting of the state bar, the manner of calling special meetings thereof and determine what number shall constitute a quorum of the state bar. |
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carrying out of this act, and shall by rule fix the time and place of the annual meeting of the state bar, the manner of calling special meetings thereof and determine what number shall constitute a quorum of the state bar. Sec. 28. Disbursements, Etc. The board shall have power to make appropriations and disbursements from the funds of the state bar to pay all necessary expenses for effectuating the purposes of this act, but no member of the board shall receive any other compensation then his necessary expenses connected with the performance of his duties as a member of the board. Sec. 29. Breach of Rules. The rules and regulations adopted by the board when approved by the supreme court shall be binding upon all members of the state bar and the willful breach of any of such rules shall be punishable by suspension from the practice of law for a period not to exceed one year. Sec. 30. Local Administrative Committees. The board shall have power to create such local administrative committees as it may deem advisable. Such committees shall be composed of active members of the state bar and each member of the board of governors, unless he decline to act, shall be ex officio a member of the local administrative committee where he maintains his principal office for the practice of law. Sec. 31. Terms of Members of Local Committees. The members of local administrative committees (except ex officio members of the board of governors) shall hold at the pleasure of the board of governors. Sec. 32. Duties of Local Committees. It shall be the duty of each local administrative committee, and it shall have the power, to receive and investigate complaints as to the conduct of members, make findings and recommendations and forward its report to the board of governors for action, which may either act upon the report or may take additional evidence, or set aside the report and hear the whole case de novo, as it may elect. Sec. 33. Additional Duties. The local administrative committees shall perform such other duties in furtherance of the execution of the provisions of this act as the board may direct. Sec. 34. Proceedings on Disbarment, Etc. In all cases involving disbarment, suspension or reproval the hearing shall be held in the county of the residence of the party charged, or where the offense is committed. The board, or any local administrative committee shall, of its own motion and without the filing or presentation of any complaint, or upon any complaint, if a complaint be filed, have power to initiate and conduct investigations of all matters affecting or relating to the state bar, or its affairs, or the practice of the law, or the discipline of the members of the state bar, or any other matter within the jurisdiction of the state bar, and in the conduct of such investigations shall have power to take and hear evidence touching the matters under investigation, administer oaths and affirmations, and upon such investigations, and upon the trial or hearing of all matters, jurisdiction to try or hear which is given the said board or committee, shall have power to compel the attendance of witnesses and the production of books, papers and documents pertaining to the matter under investigation, or to said trial or hearing, by subpena issued, as hereinafter provided. |
Disbursements, etc.
Breach of rules
Local administrative committees
Terms of members of local committees
Duties of local committees
Additional duties
Proceedings on disbarment, etc. |
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Proceedings on disbarment, etc.
Rights of accused
Records of hearings
Procedure at hearing |
other matter within the jurisdiction of the state bar, and in the conduct of such investigations shall have power to take and hear evidence touching the matters under investigation, administer oaths and affirmations, and upon such investigations, and upon the trial or hearing of all matters, jurisdiction to try or hear which is given the said board or committee, shall have power to compel the attendance of witnesses and the production of books, papers and documents pertaining to the matter under investigation, or to said trial or hearing, by subpena issued, as hereinafter provided. Whenever any person subpenaed to appear and give testimony or to produce such books, papers or documents as required by such subpoena, shall refuse to appear or testify before said board or committee, or to answer any pertinent or proper questions, he shall be deemed in contempt of said board or committee, and it shall be the duty of the chairman or presiding officer of said board or committee to report the fact to the district court of the county in which said investigation, trial or hearing is being held; thereupon the said court shall issue an attachment in the form usual in said court, directed to the sheriff of said county, commanding said sheriff to attach such person and forthwith bring him before said court. On the return of said attachment, and the production of the person attached, the said court shall have jurisdiction of the matter, and the person charged may purge himself of the contempt in the same way, and the same proceedings shall be had, and the same penalties may be imposed, and the same punishment inflicted as in the case of a witness subpenaed to appear and give evidence on the trial of a civil cause before a district court of the State of Nevada. Any member of said board shall have power to administer oaths and issue any subpena herein provided for. No witness shall be compelled to attend a hearing from outside of the county where such hearing is held and more than fifty (50) miles from the place of hearing. Depositions may be taken and used in the same manner as in civil cases provided for. Sec. 35. Rights of Accused. Any person complained against as herein provided, shall be given a reasonable notice and have a reasonable opportunity and right to defend against the charge by the introduction of evidence, and the right to be represented by counsel, and to examine and cross-examine witnesses. He shall also have the right to the issuance of subpenas for the attendance of witnesses to appear and testify or produce books and papers, as above provided. Sec. 36. Records of Hearings. A record of all hearings shall be made and preserved by the board or committee. Sec. 37. Procedure at Hearing. The board of governors, subject to the provisions of this act, may by rule provide the mode of procedure in all cases of complaints against members. |
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the mode of procedure in all cases of complaints against members. Sec. 38. Review of Supreme Court. A review by the supreme court of the action of the board of governors or of any committee authorized by it to make a determination on its behalf, pursuant to the provisions of this act, may be had by the person complained against, and the procedure upon such review shall be such as the supreme court may prescribe. Sec. 39. Organization MeetingAnnual Meetings. The organization meeting of the state bar shall be held in the city of Reno within ninety (90) days after the taking effect of this act. Thereafter there shall be an annual meeting at a time and place to be designated by the board of governors. The first annual meeting shall be held not less than six (6) months nor more than twelve (12) months after the organization meeting. Sec. 40. Proceedings at Annual Meetings. At the annual meeting reports of the proceedings by the board of governors since the last annual meeting, reports of other officers and committees and recommendations of the board of governors shall be received. Matters of interest pertaining to the state bar and the administration of justice may be considered and acted upon. Sec. 41. Special Meetings. Special meetings of the state bar may be held at such times and places as shall be provided by the board of governors. Sec. 42. Organization Fee. For the period between the taking effect of this act and January 1, 1929, the fee for each active member shall be the sum of three dollars ($3), payable on or before the date of the organization meeting, and upon payment of such fee he shall receive a certificate issued under the direction of the commissioners; provided, however, that no member shall vote until his fees have been paid. Sec. 43. Annual Fees. The annual membership fee after the year 1928 for active members shall be the sum of three dollars ($3), payable on or before February first of each year; provided, however, that the board of governors shall have power to increase such fee to a sum not exceeding $10. Sec. 44. Certificate of Payment. Upon the payment of such fees each member shall receive a certificate issued under the direction of the board of governors evidencing such payment. Sec. 45. Inactive Members Fees. The annual membership fee for inactive members shall be the sum of one dollar ($1) payable on or before the first day of February of each year. Sec. 46. Suspension for Nonpayment of FeesFunds of State Bar. Any member, active or inactive, failing to pay any fees after the same become due, and after two months written notice of his delinquency, must be suspended from membership in the state bar, but may be reinstated upon the payment of accrued fees and such penalties as may be imposed by the board of governors, not exceeding double the amount of delinquent fees. |
Review of supreme court
Organization meeting; annual meetings
Proceedings at annual meetings
Special meetings
Organization fee
Annual fees
Certificate of payment
Inactive members fees
Suspension for nonpayment of fees; funds of state bar |
κ1928 Statutes of Nevada, 6th Special Session, Page 20 (CHAPTER 13, AB 12)κ
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Only active members may practice law
Statement of receipts and disbursements
Unlawful practice a misdemeanor
Legislative intent
In effect |
written notice of his delinquency, must be suspended from membership in the state bar, but may be reinstated upon the payment of accrued fees and such penalties as may be imposed by the board of governors, not exceeding double the amount of delinquent fees. All fees shall be paid into the treasury of the state bar, and, when so paid, shall become part of its funds. Sec. 47. Only Active Members May Practice Law. No person shall practice law in this state subsequent to the organization meeting of the state bar unless he shall be an active member thereof as hereinbefore defined. Sec. 48. Statement of Receipts and Disbursements. It shall be the duty of the board of governors annually to have prepared a statement showing the total amount of receipts and expenditures of the state bar for the twelve months preceding. Such statement shall be promptly certified by the treasurer to the chief justice of the supreme court of the State of Nevada. Sec. 49. Unlawful Practice a Misdemeanor. Any person who, not being an active member of the state bar, or who after he has been disbarred or while suspended from membership in the state bar, as by this act provided, shall practice law, shall be guilty of a misdemeanor. Sec. 50. Legislative Intent. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses, or phrases be declared unconstitutional. Sec. 51. This act is declared to be an emergency measure and shall take effect from and after its passage and approval. |
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κ1928 Statutes of Nevada, 6th Special Session, Page 21κ
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[Assembly Bill No. 6Mr. Winter]
Chap. 14An Act to amend section 21 of an act entitled An act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto, approved March 28, 1919.
[Approved February 1, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 21 of the above-entitled act is hereby amended so as to read as follows: Section 21. It shall be unlawful for any person, firm, or corporation engaged in business as a common carrier to give or furnish any state, district, county or municipal officer of this state, or to any other person, other than those named herein, any pass, frank, free or reduced transportation, or for any state, district, county or municipal officer to accept any frank, pass, free or reduced transportation; provided however, that nothing herein shall prevent the carriage, storage, or hauling of freight free or at reduced rates for the United States, the state or any political subdivision thereof, or for charitable purposes or for fairs and expositions, or household goods and supplies, the property of employees, and the issuance of mileage, commutation, excursion passenger tickets, or party tickets; provided, that the same shall be obtainable by any person applying therefor without discrimination. This act shall not be construed as preventing railroads from giving free transportation or reduced rates to ministers of the gospel, regularly employed secretaries of the Y. M. C. A. or Y. W. C. A., state officers of each recognized military ex-service organization, including ladies auxiliaries thereof, not exceeding three from each such organization, constables, college professors, school teachers, students of institutions of learning, disabled or homeless persons, railroad officers, attorneys, directors, or employees, or the members of their families, or pensioned or disabled ex-employees, their minor children or dependents, or bona fide ex-employees in search of employment, or to prevent the exchange of passes with officers, attorneys, or employees of other railroads, telegraph or express companies, and members of their families. Upon shipments of live stock, or other property requiring the care of an attendant, the railroad may furnish to the shipper or such person or persons designated by him free transportation, including return passage to the place of shipment; provided, that there be no discrimination between such shippers. Any person violating the provisions of this section shall be guilty of a misdemeanor and be fined upon conviction not less than one hundred ($100) nor more than five hundred ($500) dollars. |
Passes, rebates, etc., prohibited
Exceptions
Livestock attendants may ride free
Penalty for violation |
κ1928 Statutes of Nevada, 6th Special Session, Page 22 (CHAPTER 14, AB 6)κ
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Repeal
In effect |
less than one hundred ($100) nor more than five hundred ($500) dollars. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage and approval. |
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Board of compromise and adjustments created
Persons indebted to state may petition board for relief |
[Senate Bill No. 11Senator J. H. Miller]
Chap. 15An Act to provide for the compromise, adjustment or release of indebtedness, liability or obligation of any corporation, association, or person to the State of Nevada.
[Approved February 1, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A board of compromise and adjustments is hereby created to consist of four members of the assembly, to be elected by said assembly, and four senators, to be elected by the senate, and a ninth member, a citizen and resident of the State of Nevada, who shall be selected by the other members of said board designated herein. No more than two members from either house so elected shall be of the same political party. Said board of compromise and adjustments shall have the power and authority to hear, consider and determine any and all claims of indebtedness, liability or obligation of the State of Nevada against any corporation, association or person and to release, compromise or adjust such claims of indebtedness, liability or obligation, after hearing, upon such terms and conditions as shall appear just and equitable. Sec. 2. Any corporation, association or person indebted to, or under liability or obligation to the State of Nevada, or against whom the State of Nevada claims or asserts, or is about to claim or assert, any indebtedness, liability or obligation may petition said board of compromise and adjustments, in writing, for a release, compromise or adjustment thereof. Such petition shall be filed in writing with the board and shall briefly state the character and nature of the indebtedness, liability or obligation, or claim thereof, desired to be compromised, released or adjusted, and the facts and transactions out of which the same accrues, or is claimed to accrue. Whenever the claims of the state arise out of the same transaction, or series of transactions, more than one person, firm or corporation may file a joint petition and the board may in one proceeding hear, consider and determine the claims involved. |
κ1928 Statutes of Nevada, 6th Special Session, Page 23 (CHAPTER 15, SB 11)κ
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Sec. 3. Every petition, when filed, shall be accompanied by a cash deposit in lawful money of the United States, or a good and sufficient corporate surety bond in the sum of ten percentum (10%) of the maximum recovery of the claim or claims involved. Sec. 4. Whenever any petition for compromise, adjustment or release, as provided in sections two and three, shall be filed with the board, said board shall set a day for the hearing of said petition which shall not be less than twenty (20) nor more than sixty (60) days after the date of filing. Said board shall forthwith notify the petitioner or petitioners of the date set for such hearing and shall also give public notice thereof by one publication of notice in one or more papers in each county of the state; such notice to briefly contain the asserted claims of the state and the amount thereof. If the legislature is in session, said board of compromise and adjustments may, without giving said notices but upon such notice as it may deem reasonable, hold a hearing concerning any claim which the state has or claims to have against any person, firm, corporation, or individual; and may immediately determine and fix the terms and conditions upon which a claim or claims of the State of Nevada shall be compromised, adjusted, or released. Sec. 5. Following a statement of the case by petitioner, or petitioners, and by the attorney-general, the petitioner, or petitioners, shall make a binding and firm offer, setting forth the terms and conditions and amount which the petitioner, or petitioners, will pay on condition of the compromise or release of the indebtedness, liability or obligation claimed or asserted by the state. If, after hearing, the offer of compromise, adjustment or release be accepted, the board shall adopt a resolution in accordance therewith and incorporate it in the minutes of its proceedings and deliver a certified copy thereof to the petitioner, or petitioners; such resolution, to be effective, must be adopted by the affirmative vote of a majority of the members of the board. Otherwise the board may reject, in whole or in part, the terms and conditions of any such offer of compromise, adjustment and release, and may, instead of accepting or rejecting the offer, propose to such petitioner, or petitioners, by resolution in writing, a counter-offer of compromise, adjustment and settlement, and if such counter-offer be accepted and the terms and conditions thereof fully complied with and performed by petitioner, or petitioners, within thirty (30) days thereafter, the same shall constitute a compromise, adjustment and settlement upon the terms and conditions of such counter-offer, to the same effect as if such offer had been originally made by petitioner, or petitioners. Sec. 6. Every petitioner for compromise, settlement or adjustment of any claim under the provisions of this act shall pay in advance the actual and necessary traveling expenses of the members of the board from their respective places of residence to the place of hearing and while actually in attendance at the hearing of any petition. |
Cash deposit to accompany petition
Duties of board on receipt of petition
Petitioner to make binding offer of desired terms of compromise |
κ1928 Statutes of Nevada, 6th Special Session, Page 24 (CHAPTER 15, SB 11)κ
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Petitioner must advance expenses of board meeting; duties of secretary
All actions dismissed if compromise effected
No claim compromised for less than 30% of claim
Board to meet and organize
Salary and duties of secretary
Powers of the board |
expenses of the members of the board from their respective places of residence to the place of hearing and while actually in attendance at the hearing of any petition. Upon the filing of any petition with the secretary of the board, the secretary shall estimate travel per diem expenses and shall notify the petitioner, or petitioners, of the amount of such estimate, and the petitioner, or petitioners, shall within five (5) days thereafter deposit said amount with the secretary of the board. No proceedings shall be taken upon any such petition until the amount of the estimated expenses fixed by the secretary have been paid in to the secretary by the petitioner. Sec. 7. Any compromise, settlement or adjustment authorized, as in this act provided, if and when carried out and complied with, as herein provided, by any petitioner, shall be a complete defense to any action or suit now or hereafter pending or commenced. If any action be pending concerning any claim of the state which shall have been compromised, settled or adjusted by said board, as in this act provided, such action shall be dismissed by the attorney-general immediately after he is notified in writing that such compromise, settlement or adjustment has been determined and the terms thereof carried into effect by the petitioner. Sec. 8. No claim of the state shall be compromised or adjusted by said board for less than thirty (30%) per cent of the principal amount claimed by the state. In the event said board shall fail to effect a compromise within a period of six (6) months after the date of its first meeting on any proposed compromise submitted, it shall thereafter lose jurisdiction thereof and the same question may not thereafter be submitted. At the expiration of said six months, the petitioner, or petitioners, shall forfeit all claim for expenses advanced but shall be entitled to and receive a refund of the cash deposit or a discharge of its surety bond. Sec. 9. The members of the board of compromise and adjustments, as herein provided, shall immediately upon the approval of this act and their appointment, meet at the office of the state treasurer of the State of Nevada, at Carson City, Nevada, and shall thereupon organize and elect a chairman, a vice-chairman and a secretary not a member of the board. The secretary shall receive the sum of fifteen ($15) dollars per day for each days attendance upon hearings; said amount to be paid by the petitioner or petitioners. All petitions and other papers and records shall be filed with and kept in the possession of the secretary unless otherwise directed by the board. The secretary of the board shall keep a complete record of all minutes, actions and proceedings of said board. The board shall have the power to adjourn hearings from time to time upon reasonable notice to all parties, to issue subpenas and compel the attendance of witnesses to testify upon all hearings, which subpenas shall be served in the manner as subpenas issued out of the district court of the state. |
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court of the state. In case of disobedience on the part of any person to comply with an order or subpena or the refusal of any witness to testify to any matter interrogated, it shall be the duty of the district court of the county in which such hearing is held, on application of the board, to issue attachment proceedings for contempt of a subpena, issued from such court, or a refusal to testify therein. The chairman, vice-chairman or secretary, for the purposes mentioned in this act, shall have the power to administer oaths, certify to official acts, issue subpenas, compel the attendance of witnesses and the production of papers, books, accounts, documents and testimony. The board shall have the power to make rules not in conflict with this act to insure the proper and orderly procedure at all hearings. Sec. 9 1/2. If any member of said board is indebted to or under any monetary or financial obligation by reason of any loan or demand, contract relationship, or business dealing whatsoever, or at all, to or for the use or benefit of any corporation, association or person, affiliated or associated company, directly or indirectly, against whom or which the State of Nevada has or claims the particular demand in issue, such member or members shall be disqualified. Disqualification of a member ipso facto creates a vacancy on the board; if the legislature be in session at the time such vacancy occurs the legislature shall forthwith fill the vacancy; in all other cases the vacancy shall be filled by appointment by the governor. Each member of said board shall take and subscribe an oath prior to the consideration of each case in substantially [this] form: State of Nevada; County of .: ss. I do solemnly swear that I will support and defend the constitution and laws of the United States of America and of the State of Nevada and that I will render true faith and allegiance to the same and that I will faithfully discharge the duties of the office of ..(member of) ..(secretary of) .. the board of compromise and adjustment, conferred upon me and upon which I am about to enter, to the best of my ability. I do further solemnly swear that I am not indebted or under any monetary or financial obligation by reason of any claim or demand, contract relationship or business dealing whatsoever, or at all, to, or for the use or benefit of, any corporation, association or person directly or indirectly against whom or which the State of Nevada has or claims this claim or demand. That I am not a stockholder in said corporation (if it be a corporation) nor any affiliated corporation or company nor a debtor to such person, individual, company, or affiliated company.
........................................... Subscribed and sworn to before me this day of ...., 192 ........................................... (Title of officer administering oath.) |
Powers of the board
Members of board may be disqualified; when
Vacancies; how filled
Oath of members of board |
κ1928 Statutes of Nevada, 6th Special Session, Page 26 (CHAPTER 15, SB 11)κ
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Copy of record evidence of facts
Terms of office; vacancies
In effect |
The foregoing provisions for the form of the official oath defines and shall be deemed to define the further eligibility and qualifications of the members and secretary of said board. A copy of the record of said board showing the release, compromise, or adjustment of any claim mentioned in this act shall be sufficient evidence of such facts recited therein. The receipt and entry of the state treasurer shall be sufficient evidence of payment and settlement. Sec. 10. Each legislative member of the board of compromise and adjustments shall hold office until the expiration of his term of office. The appointive members shall hold office until March 1, 1929. In the event of any vacancy by death, resignation or declination of any member of the board to serve, prior to the next succeeding legislative session, such vacancy shall be temporarily filled by the appointment of the governor. Sec. 11. This act shall be effective on and after its passage and approval. |
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Per diem and travel expenses of county and township officers |
[Senate Bill No. 3Senator Berney]
Chap. 16An Act authorizing and empowering the several boards of county commissioners within the State of Nevada to fix the amount of expense money for traveling and subsistence per day of county and township officers, representatives, and employees while traveling on official business.
[Approved February 3, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. When any county or township officer or any employee of the county shall be entitled to receive his necessary traveling expenses for the transaction of public business, such expenses shall include his actual living expenses, not to exceed six dollars per day, but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance; provided, however, that where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical or where it appears that, owing to train or stage schedule or for other reasons, travel by public conveyance is impractical or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed fifteen cents per mile so traveled. Any county or township officer presenting a claim to the county for any expenses allowed by law shall attach itemized vouchers and receipts for the same to his claim, and the county commissioners of the several counties of this state are hereby prohibited from allowing such claim unless accompanied by vouchers and receipts as required by this section. |
κ1928 Statutes of Nevada, 6th Special Session, Page 27 (CHAPTER 16, SB 3)κ
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such claim unless accompanied by vouchers and receipts as required by this section. Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 3. This act shall take effect immediately upon its passage and approval. |
Repeal In effect |
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[Senate Bill No. 5Senator Fletcher]
Chap. 17An Act authorizing and empowering the state board of examiners to fix the amount of expense money for traveling and subsistence charges per day of district judges, state officers, commissioners, representatives, and all other employees of the state who, under the law, are required to file their claims with the board of examiners for allowance and approval, and repealing all acts and parts of acts in conflict herewith.
[Approved February 3, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state board of examiners is hereby authorized and directed to fix the amount of expense money, not to exceed ten dollars per day, to be allowed to any district judge, state officer, commissioner, representative, or other employee of the state, while traveling on official business outside the state, required to file claims with the state board of examiners for allowance and approval; and said board may adopt such rules and regulations as may be necessary to make such action effective. Sec. 2. When any district judge, state officer, commissioner, or representative of the state, or other state employee shall be entitled to receive his necessary traveling expenses in the transaction of public business within the state, such expenses shall include his actual living expenses, not to exceed six dollars per day, but the amount allowed for traveling by a private conveyance shall not exceed the amount charged by public conveyance; provided, however, that where it appears to the satisfaction of the board of examiners that travel by private conveyance is more economical or where it appears that, owing to train or stage schedule or for other reasons, travel by public conveyance is impractical or in case where a part of the route traveled is not covered by public conveyance, the board of examiners, in its discretion, is authorized to allow for traveling by private conveyance in an amount not to exceed fifteen cents per mile so traveled. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 4. This act shall take effect immediately upon its passage and approval. |
Board of examiners to fix per diem expenses
Living expenses not to exceed $6 per day
Expense of auto travel limited
Repeal In effect |
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κ1928 Statutes of Nevada, 6th Special Session, Page 28κ
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Preamble
Certain contract confirmed and approved
$20,000 appropriated for services of N. J. Barry and Lester D. Summerfield |
[Senate Bill No. 6Senator Scott]
Chap. 18An Act authorizing and approving the contract of employment heretofore made by the state board of examiners with N. J. Barry and Lester D. Summerfield as special assistants to the attorney-general in connection with certain criminal and civil cases, and making an appropriation for the payment of same.
[Approved February 3, 1928]
Whereas, On May 12, 1927, the state board of examiners entered into a contract with N. J. Barry, Esquire, and Lester D. Summerfield, Esquire, and by reason of the terms and conditions of said contract retained the said attorneys to assist the attorney-general in the prosecution of certain civil and criminal cases on behalf of the State of Nevada for and in consideration of the sums expressed in said contract, a full and true copy of same being on file with the secretary of state of the State of Nevada; and Whereas, The State of Nevada agreed, under and by virtue of the provisions of said contract, to pay the sum of twenty thousand ($20,000) dollars for said services, and that prior to the execution of the same the terms of said contract and the consideration therein expressed were submitted to a special committee of the Nevada state bar association for consideration, and that said committee reported that the terms and consideration therein expressed were just and equitable; and Whereas, The state board of examiners, by unanimous resolution, declared that an emergency existed and authorized, by resolution, a deficiency in the contingent expense fund of the attorney-general for the purpose of making payments for the services to be rendered; and Whereas, The sum of two thousand ($2,000) dollars has been paid from the contingent expense fund of the attorney-general and eight thousand ($8,000) dollars paid by deficiency warrants authorized by the state board of examiners on account of said services; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The written contract heretofore executed between the state board of examiners and N. J. Barry, Esquire, and Lester D. Summerfield, Esquire, and now on file with the secretary of state of the State of Nevada as a public record is hereby confirmed and approved. Sec. 2. The sum of twenty thousand ($20,000) dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated for the payment of the respective amounts as and when due to said N. J. Barry and Lester D. Summerfield, and the state controller is hereby authorized and directed to draw his warrants therefor when and as allowed by the state board of examiners; provided, that of the said sum of twenty thousand ($20,000) dollars the sum of one thousand, seven hundred seventeen and 64/100 ($1,717.64) dollars shall be placed in a contingent expense fund of the attorney-general. |
κ1928 Statutes of Nevada, 6th Special Session, Page 29 (CHAPTER 18, SB 6)κ
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and directed to draw his warrants therefor when and as allowed by the state board of examiners; provided, that of the said sum of twenty thousand ($20,000) dollars the sum of one thousand, seven hundred seventeen and 64/100 ($1,717.64) dollars shall be placed in a contingent expense fund of the attorney-general. Sec. 3. This act shall take effect from and after its passage and approval. |
In effect |
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[Senate Bill No. 24Senator Henderson]
Chap. 19An Act to amend an act entitled An act fixing the salaries of the justices of the supreme court of Nevada, approved March 25, 1927.
[Approved February 3, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled An act fixing the salaries of the justices of the supreme court of the State of Nevada, approved March 25, 1927, is hereby amended so as to read as follows, to-wit: Section 1. From and after the expiration of the present term of each justice of the supreme court of the State of Nevada his successor and successors in office thereafter shall receive a salary of seven thousand five hundred dollars a year, payable in equal monthly installments as other state officers are paid. |
Increased salary for justices of supreme court; when in effect |
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[Senate Bill No. 22Senator Fairchild]
Chap. 20An Act making an appropriation of seventeen hundred ($1,700) dollars for extra expense incurred by the Nevada state printing office for the present special session of the Nevada legislature.
[Approved February 3, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of seventeen hundred ($1,700) dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated to pay the extra expense in the Nevada state printing office in executing the printing for the present special session of the Nevada legislature, in the purchase of paper, extra labor, printing and binding of statutes, printing and binding of the journals, and miscellaneous printing, such as roll calls, letterheads and envelopes, blanks, etc., as well as bills and resolutions. |
Appropriation for printing; $1,700 |
κ1928 Statutes of Nevada, 6th Special Session, Page 30 (CHAPTER 20, SB 22)κ
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Duties of controller and treasurer
In effect |
Sec. 2. The state controller is hereby authorized to draw his warrants against the said sum named in section 1 of this act for the purposes therein enumerated, and the state treasurer is hereby authorized to pay said warrants. Sec. 3. This act shall take effect immediately upon its passage and its approval. |
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Restrictions as regards counties
In effect |
[Assembly Bill No. 17Mr. Hussman]
Chap. 21An Act to amend section 5 of an act entitled An act to create a state board of investments of the state permanent school fund, defining its powers and duties, and other matters properly connected therewith, and repealing all acts and parts of acts in conflict herewith, approved March 24, 1917.
[Approved February 4, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5 of the above-entitled act is hereby amended so as to read as follows: Section 5. No part of the state permanent school fund shall be invested in the bonds of any county whose entire bonded indebtedness for all purposes shall exceed ten per cent of its assessed valuation; and the amount of bonds of any county purchased or invested in by the state board of investments shall not in the aggregate exceed four per cent of the assessed valuation of any county. The rate of interest on all such county bonds shall not be less than four per cent. Sec. 2. This act shall take effect and be in full force from and after its passage and approval. |
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κ1928 Statutes of Nevada, 6th Special Session, Page 31κ
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[Assembly Bill No. 16Mr. Geach]
Chap. 22An Act to amend an act entitled An act to provide for the licensing and registration of motor vehicles in the State of Nevada, defining the duties of certain officers in connection therewith, prescribing certain rules and regulations, defining certain powers and duties, and other matters properly connected therewith, and repealing all acts or parts of acts in conflict or inconsistent with this act, approved March 19, 1925.
[Approved February 4, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the above-entitled act is hereby amended to read as follows: Section 2. No motor vehicle shall be operated on any highway in this state unless and until the owner thereof shall have complied with this act in respect to registering said motor vehicle. In the case of a motor vehicle in this state on the first day of January of each year, a new registration shall be made not later than the third Monday in January of each year, except as hereinafter provided. In the case of a motor vehicle brought into this state during the year by a person who thereafter becomes a resident of this state, any visitors permit theretofore issued thereon shall be canceled, and a new registration shall be required. In the case of a motor vehicle purchased during the year and which has not been previously registered, registration shall be applied for within five days after acquiring such vehicle. In the case of a motor vehicle brought into this state for the purpose of engaging in trade or business of any kind, and any motor vehicle used by any stage or bus line having defined interstate routes, with one terminal in this state, or passing through this state with terminals outside the state, registration shall be made within five days after entering the state. The owner or operator of any motor vehicle who shall violate any provision of this section, or fail to comply therewith, shall be guilty of a misdemeanor, and punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. Sec. 2. This act shall take effect and be in force from and after its passage and approval. |
Compliance with act mandatory
Registration requirements
Violation misdemeanor
In effect |
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κ1928 Statutes of Nevada, 6th Special Session, Page 32κ
CHAPTER 23, Assembly Substitute for Assembly Bill No. 7
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American Legion, Department of Nevada, chartered
Certain powers granted
Corporate powers vested in board of trustees |
[Assembly Substitute for Assembly Bill No. 7Mr. Winter]
Chap. 23An Act to incorporate the American Legion, Department of Nevada, and all American Legion posts within the State of Nevada.
[Approved February 4, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The American Legion, Department of Nevada, and all American Legion posts within the State of Nevada now in existence or hereafter chartered, shall be deemed bodies corporate and politic; the American Legion, Department of Nevada, from the date of its organization and by its name; the various posts of the American Legion from the date of their charters, and by the names and numbers given therein. Sec. 2. The American Legion, Department of Nevada, and the various American Legion posts within the State of Nevada, shall have power in their corporate capacity-first, to sue, or be sued, in any court having competent jurisdiction; second, to make and use a common seal, and to alter the same at pleasure; third, to acquire by purchase, bequest, or donation, directly or indirectly, hold in perpetuity, sell and convey such property, real and personal, as may be deemed necessary by the proper authorities thereof, to carry out the purposes of said American Legion, Department of Nevada, or the various American Legion posts within the State of Nevada; fourth, to elect or appoint, according to the respective regulations or customs, not less than three nor more than fifteen persons, to serve as trustees, who shall have charge of all the real and personal property belonging thereto, and to transact all business relating thereto; fifth, and generally be entitled to all the rights, privileges, and immunities, usually had or enjoyed by such corporations. Sec. 3. The corporate powers of said American Legion, Department of Nevada, and the various American Legion posts within the State of Nevada shall be vested in a board of trustees, elected or appointed as provided in section 2 of this act, said board being subject to such rules and regulations as may be adopted, according to the uses and customs of said posts, for the government of said board of trustees. They shall hold office until their successors are appointed or elected and the certificate filed as provided in section 4 of this act. Vacancies in the board of trustees shall be filled as provided by the regulations of said orders. Said trustees shall give such bond as may be required of them, conditioned for the faithful performance of their duties. Sec. 4. Upon the election or appointment of trustees as provided in this act, a certificate of such election or appointment shall be executed by the person or persons making the appointment, or the judges holding the election, duly acknowledged before a competent officer, and shall be filed and recorded in the office of the clerk of the county in which the post is located, or in case of the American Legion, Department of Nevada, in the office of the secretary of state. |
κ1928 Statutes of Nevada, 6th Special Session, Page 33 (CHAPTER 23, Assembly Substitute for Assembly Bill No. 7)κ
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the appointment, or the judges holding the election, duly acknowledged before a competent officer, and shall be filed and recorded in the office of the clerk of the county in which the post is located, or in case of the American Legion, Department of Nevada, in the office of the secretary of state. Sec. 5. When any post, hereby incorporated, shall be dissolved by its own act, or the forfeiture of its charter, the property, real and personal, belonging to said post shall revert to and become the property of the American Legion, Department of Nevada, subject to the conditions of any bequest or grant under or through which said post became the owner of said property; provided, that all just and equitable indebtedness of said post shall be paid before said reversion, and the said American Legion, Department of Nevada, shall not be liable for any indebtedness of any of the various posts. Sec. 6. It shall be the duty of said board of trustees, annually, to make a full report of all property, real and personal, held in trust by them, and the condition of the corporation to such post, a copy of which shall be filed in the office in which, according to section 4 of this act, their certificate of election or appointment has been filed, with an affidavit of the truth of said report. Sec. 7. This act shall be effective immediately after its passage and approval. |
Certificate of election or appointment to be filed
Disposition of property of posts when dissolved or charter forfeited
Board of trustees to make annual report
In effect |
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[Senate Bill No. 17Senator Henderson]
Chap. 24An Act to provide for the organization and governing of local improvement districts for the construction or acquisition of power plants, electrical transmission lines, sewer and water systems for rural communities and unincorporated towns, and for the acquisition and distribution of electrical energy of water or other property in connection therewith, and for the operation and maintenance of such works, and matters properly connected therewith.
[Approved February 4, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A majority in number of the holders of title, or evidence of title, to lands which will be benefited by the construction of power plants and the distribution of electrical energy therefrom or the construction of a sewer system or the construction or acquisition of a water supply for domestic purposes, may propose the organization of a local improvement district under the terms of this act; provided, said holders of title or evidence of title hold title or evidence of title to at least one-half of the total area of the land in the proposed local improvement district, and in computing the total area in such proposed local improvement district, the public domain of the United States of America shall be excluded. |
Local improvement districts; how organized |
κ1928 Statutes of Nevada, 6th Special Session, Page 34 (CHAPTER 24, SB 17)κ
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Who deemed holders of title
District to have 3, 5, or 7 divisions; how settled
Petition presented to county commissioners
Bond must accompany petition
Notice must be published in newspaper |
district, the public domain of the United States of America shall be excluded. The holder or holders of a bona fide contract to purchase any land within the proposed district and having been in actual possession thereof at least one year under the terms of such contract and whose names appear upon the next preceding equalized county assessment roll for the payment of taxes on said land, shall be deemed the holder or holders of title thereto for all of the purposes of this act; provided, further, that any lands situate within the boundaries of any incorporated town, city or irrigation district shall not be subject to the provisions of this act. The equalized county assessment roll next preceding the presentation of a petition for the organization of a local improvement district shall be sufficient evidence of title for the purpose of this act, but other evidence may be received. The petitioners may determine in said petition whether the proposed district shall be divided into three, five, or seven divisions, and whether it shall have three, five, or seven directors, but if no number is named in the petition the board of county commissioners may determine whether the number shall be three, five, or seven. Sec. 2. Whenever it is proposed to organize a local improvement district a petition shall first be presented to the board of county commissioners of the county in which the lands or the greater portion thereof are situated, signed by the required number possessing the qualifications provided for in section 1 of this act, which petition shall set forth and particularly describe the proposed boundaries of such district and shall designate the name of the proposed district which may be in substance as follows, . County Electrical Improvement District No. .., and shall pray that the same may be organized under the provisions of this act. The petitioners may accompany the petition with a good and sufficient bond, to be approved by the said board of county commissioners in double the amount of the probable cost of organizing such district, conditioned that the bondsmen will pay all said costs in case said organization shall not be effected. Such petition shall be filed in the office of the county clerk and a notice thereof shall be published by such county clerk for at least two weeks before the time at which the same is to be presented to the board of county commissioners in some newspaper printed and published in the county where said petition is presented, which newspaper shall be designated by said board as the paper most likely to impart notice of the hearing of said petition; the said notice to set forth that said petition has been filed, the time of the meeting of said board to consider said petition, and a description of the territory to be embraced in such proposed district. Sec. 3. When such petition is presented, and it shall appear that the notice of the presentation of said petition has been given and that said petition has been signed by the requisite number of petitioner as required by this act, the commissioners shall hold a hearing on said petition and may adjourn such hearing from time to time not exceeding three weeks in all. |
κ1928 Statutes of Nevada, 6th Special Session, Page 35 (CHAPTER 24, SB 17)κ
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been given and that said petition has been signed by the requisite number of petitioner as required by this act, the commissioners shall hold a hearing on said petition and may adjourn such hearing from time to time not exceeding three weeks in all. Contiguous or neighboring lands that may be benefited by the proposed improvement, not included in such district as described in the petition, may at such hearing upon application of the holder or holders of title or evidence of title thereto, as prescribed in section 1 hereof, be included in such district, and lands described in said district and lands in said petition which may not be benefited by the proposed improvement may upon similar application be excluded therefrom; provided, always, that said board shall not modify the boundaries described in the petition so as to change the object of said petition or so as to exempt from the operation of this act any land which is benefited by the proposed improvement. In the hearing of any such petition the board of county commissioners shall disregard any informalities therein, and in case it deny the same or dismiss it for any reasons on account of the provisions of this act not having been complied with, which are the only reasons upon which it shall have the right to refuse or dismiss the same, it shall state its reasons in writing therefor in detail, which shall be entered upon its records, and in case the reasons are not well founded a writ of mandamus shall upon proper application therefor issue out of the district court of the county compelling it to act in compliance with this act, which writ shall be heard within twenty days from the date of issuance, such time to be excluded from the time given the county commissioners to act upon the petition. Upon the completion of the hearing the county commissioners shall forthwith make an order denying or granting the prayer of said petition, and if the same is granted shall, in said order, define and establish the boundaries and designate the name of such proposed district and divide the same into three, five, or seven divisions, as prescribed in the petition, as nearly equal in size and number of owners as may be practicable. Thereupon the said commissioners shall by further order duly entered upon their record call an election of the qualified electors of said proposed district to determine whether such district shall be organized under the provisions of this act, and by such order shall submit the names of one or more persons from each of the divisions of said district to be voted for as directors of the district. One director shall be elected from each division by the qualified electors of the district and shall be a qualified elector of the district and holder of title, or evidence of title as prescribed in section 1 of this act, to land within the division from which he is elected. Each division shall constitute an election precinct for the purposes of this act; provided, that after the organization of the district the directors may divide a division into two or more precincts and fix the polling places therein. |
County commissioners to hold hearing on petition
Order to be made denying or granting petition |
κ1928 Statutes of Nevada, 6th Special Session, Page 36 (CHAPTER 24, SB 17)κ
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Board of county commissioners to give notice of election
General election laws to govern County commissioners to canvass vote
Plat of said district to be filed
Time of holding regular elections |
precincts and fix the polling places therein. The board of county commissioners shall give notice of such election, which shall be published for two weeks prior to such election in a newspaper within the county where the petition is filed. Such notice shall contain the words Local Improvement DistrictYes, or Local Improvement DistrictNo, or words equivalent thereto, and the names of persons to be voted for as directors. For the purpose of this election the board shall establish a polling place in each election precinct aforesaid, and shall also appoint three qualified electors to act as inspectors of election in each election precinct, and also appoint for each precinct two clerks of election. The number of directors and the number of divisions of any district organized under the laws of this state shall not be altered or changed except by a petition of a majority of the qualified electors of the district and a majority of the directors. The record of the board of county commissioners of the proceedings had and taken by it under the provisions of this act shall be, in the absence of fraud, conclusive evidence of the matters and things therein recited. Sec. 4. Except as in this act otherwise provided, all such elections shall be conducted as near as may be practicable in accordance with the general election laws of this state, including the right to vote by absent voters ballot. The board of county commissioners shall meet on the second Monday succeeding the election, provided for in section 3, and proceed to canvass the votes cast thereat, and if upon such canvass it appear that a majority of votes cast were for Local Improvement DistrictYes the board, by an order entered upon its minutes, shall declare such territory duly organized as an improvement district under the name and style theretofore designated, and shall declare the persons receiving respectively the highest number of votes for directors to be duly elected, and shall cause a copy of such order and a plat of said district, each duly elected, and shall cause a copy of such order and a plat of said district, each duly certified by the clerk of the board of county commissioners, to be immediately filed for record in the office of the county recorder of each county in which any portion of such lands are situated, and certified copies thereof shall also be filed with the county clerk of such counties, and thereafter the organization of the district shall be complete. Sec. 5. The regular elections of local improvement districts shall be held on the first Tuesday after the first Monday in April of the second calendar year after the completion of the organization thereof, and on the same day biennially thereafter. The directors elected at the organization election shall be selected by lot so that one, two, or three directors, according to whether there are in all three, five, or seven on the board, shall hold office until their successors are elected at the next regular election and qualify, and two, three, or four directors, as the case may be, shall hold office until their successors are elected at the second regular election after organization and qualify, and at the regular election biennially thereafter directors shall be elected, to replace the directors whose terms expire, for terms of four years, or until their successors are elected and qualify. |
κ1928 Statutes of Nevada, 6th Special Session, Page 37 (CHAPTER 24, SB 17)κ
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two, three, or four directors, as the case may be, shall hold office until their successors are elected at the second regular election after organization and qualify, and at the regular election biennially thereafter directors shall be elected, to replace the directors whose terms expire, for terms of four years, or until their successors are elected and qualify. Directors so elected shall have the qualifications prescribed in this act for directors elected at the time of organization. Nominations for the office of directors shall be made by filing a declaration with the secretary within fifty days before the date of election and not later than ten days before such election. Sec. 6. Not less than fifteen nor more than twenty days before any election held under this act subsequent to the organization of the district, the secretary shall cause notice specifying the polling places and time of holding the election to be posted in three public places in each election precinct and in the office of the board of directors. Prior to the time for posting the notice the board of directors shall appoint three qualified electors to act as inspectors of election in each election precinct and shall also appoint two clerks of election for each precinct. If the board of directors fail to appoint a board of election or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board or supply the place of absent members thereof. The board of directors shall, in its order appointing the board of election, designate the hour and the place in each precinct where the election shall be held. The secretary shall be ex officio district registrar of the district, and shall at least four weeks before any election appoint a deputy registrar in each election precinct, whose duty it shall be to register all electors within his precinct applying for registration, and for this purpose he or she shall have authority to demand of the elector all information, and to administer all oaths required by this act. Such registrar and deputy registrars shall be governed in the performance of their duties by the general election laws of this state as far as they are applicable and shall be at their places of registration to receive applications for registration from 9 oclock a. m. until 9 oclock p. m. on each of three Wednesdays next preceding the date of election. The registrars shall require registrants to take the following oath in substance: I am, or have declared my intention to become, a citizen of the United States, am over the age of twenty-one years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title, as defined in section 1 in said law, to land within the boundaries of the .. improvement district, and such holding is for all purposes and not simply for this election or matters connected therewith. The president or vice-president of a qualified corporation may register in its behalf, or any other person may register on behalf of such corporation upon being duly authorized by the president or vice-president thereof in writing. |
Terms of office
Notice of election to be posted
Duties of board of directors
Secretary ex officio district registrar
Oath of registrars |
κ1928 Statutes of Nevada, 6th Special Session, Page 38 (CHAPTER 24, SB 17)κ
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Oath of registrants on behalf of corporation
Close of registration
Election officers to take oath Vacancies, how filled
General election laws to apply
Canvass; result announced |
of a qualified corporation may register in its behalf, or any other person may register on behalf of such corporation upon being duly authorized by the president or vice-president thereof in writing. The registrar shall require registrants on behalf of a corporation to take the following oath, in substance: I am over the age of twenty-one years, and the (president or vice-president) of (naming the corporation), or have been duly authorized in writing to register on behalf of (naming the corporation); that said corporation is organized under or has qualified under the laws of Nevada to transact business therein and is the holder of title or evidence of title to land as defined in the local improvement district act within the boundaries of the .. improvement district. No election for any purpose except for organization shall be held in any improvement district without such registration, and only electors duly registered shall be entitled to vote thereat. Registration of voters for any regular or special election shall close on the Wednesday preceding such election. The registration oath may be taken before the registrars or deputy registrars, or any officer authorized by law to administer oaths. Sec. 7. Before opening the polls each inspector and each clerk must take and subscribe to an oath to faithfully perform the duties imposed upon him by law. Any elector of the precinct may administer and certify such oath. Vacancies occurring during the progress of the election may be filled by the remaining inspector or inspectors, and any inspector of election may administer and certify oaths. The time of opening and closing the polls, the manner of conducting the election, canvassing and announcing the result, the keeping of the tally list, and the making and certifying of such result, and the disposition of the ballots after election, shall be the same, as near as may be, as provided for elections under the general election law of this state. Registrars and election officers may receive such compensation for their services as the board shall prescribe, not exceeding the amount paid for similar services at general elections. The returns shall be delivered to the secretary of the district and no list, tally paper, or returns from any election shall be set aside or rejected for want of form if it can be satisfactorily understood. The board of directors shall meet at its usual place of meeting on the second Monday after an election to canvass the returns, and it shall proceed in the same manner and with like effect, as near as may be, as the board of county commissioners in canvassing the returns of general elections, and when it shall have declared the result the secretary shall make full entries in his record in like manner as is required of the county clerk in general elections. The board of directors must declare elected the person or persons having the highest number of votes given for each office. The secretary shall immediately make out and deliver to such person or persons a certificate of election, signed by him and authenticated with the seal of the board. |
κ1928 Statutes of Nevada, 6th Special Session, Page 39 (CHAPTER 24, SB 17)κ
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person or persons a certificate of election, signed by him and authenticated with the seal of the board. Within ten days after receiving the certificate of his election, each director shall take and subscribe to an official oath and file the same with the secretary of the board of directors. Each member of said board of directors shall execute an official bond in the sum of two thousand dollars ($2,000), which shall be approved by the judge of the district court in and for the county where such organization is effected. Such bonds shall be recorded in the office of the county recorder and filed with the secretary of the board. Sec. 8. Any person, male or female, of the age of 21 years or over, whether a resident of the district or not, who is or has declared his intention to become a citizen of the United States and who is a bona fide holder of title, or evidence of title, as defined in section 1 hereof, to land situated in the district, shall be entitled to one vote at any election held under the provisions of this act, and shall be held to be referred to whenever the words elector or electors are used herein. Any elector residing outside of the district holding land in the district, and qualified to vote at district elections, shall be considered as a resident of that division and precinct of the district in which the major portion of his lands are located, for the purpose of determining his place of voting and qualifications for holding office. Any elector residing within the district boundaries shall be deemed a resident of the division in which he actually resides for the purpose of determining his qualifications for voting and holding office. A guardian, executor, or administrator shall be considered as the holder of title or evidence of title, as prescribed in section 1 hereof, to the land in the estate for which he is such guardian, executor or administrator, and shall have the right to sign petitions, vote and do all things that any elector may or can do under this act. Corporations holding land in the district shall be considered as persons entitled to exercise all the rights of natural persons, and the president of the corporation, or other person duly authorized by the president of the corporation, or other person duly authorized by the president or vice-president, in writing, may sign any petition authorized by this act, and register and cast the vote of the corporation at any election. Sec. 9. The officers of such district shall consist of three, five, or seven directors as aforesaid, a president and vice-president elected from their number, a secretary and treasurer. The board may also appoint an assistant secretary who shall exercise such of the powers and perform such of the duties of the secretary as may be designated by the board of directors, except that such assistant secretary shall not be invested with authority to sign on behalf of the secretary any bonds of the district. The secretary and treasurer shall be appointed by the board of directors and may or may not be members of said board. |
Bond of directors
Who entitled to vote at elections
Officers of district |
κ1928 Statutes of Nevada, 6th Special Session, Page 40 (CHAPTER 24, SB 17)κ
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Regular meetings of board
Special meetings
Meetings public; quorum
Board to organize, when
General powers of board of directors |
or may not be members of said board. Such officers shall serve at the will of the board. One person may be appointed to serve as secretary and treasurer. The directors immediately upon their election and qualification shall meet and organize. The board of directors shall designate some place within the county where the organization of the district was effected as the office of the board, and the board shall hold a regular monthly meeting in its office on such day of the month as that fixed upon by resolution duly entered upon the minutes, and when the time for such a monthly meeting has been fixed it cannot again be changed for twelve months, and it can only be changed by resolution passed at least two months prior to the time such change shall take effect, and upon publication in a newspaper of general circulation in the district for at least two weeks prior to such change; provided, that should the regular meeting day fall upon a non-judicial day such meeting shall be held on the first judicial day thereafter. The board of directors shall hold such special meetings as shall be required for the purpose of transaction of business; provided, that all special meetings must be called by the president or a majority of the board. The order calling such special meeting shall be entered on the record, and the secretary shall give each member not joining in the order three days notice of such special meeting. The order must specify the business to be transacted at such special meeting; and none other than that specified shall be transacted. Whenever all members of the board are present at a meeting the same shall be deemed a legal meeting and any lawful business may be transacted. All meetings of the board shall be public and a majority of the members shall constitute a quorum for the transaction of business, but on all questions requiring vote there shall be a concurrence of at least a majority of the members of the board. All records of the board shall be open to the inspection of any elector during business hours. On the first Monday in May next following their elections, the board of directors shall meet and organize and elect a president and vice-president and appoint a secretary and treasurer. The appointees aforesaid shall file bonds, which shall be approved by the board for the faithful performance of their duties. Any vacancies in the office of the director shall be filled from the division in which the vacancy occurs by the remaining members of the board. A director appointed to fill a vacancy, as above provided, shall hold his office until the next biennial election, and until his successor is elected and qualified. Sec. 10. The board of directors shall have power to manage and conduct the business and affairs of the district, to make and execute all necessary contracts, to employ and appoint such agents, officers, and employees, delegates to conventions, or other representatives in the interest of the district as may be required, and prescribe their duties and remuneration, and to establish by-laws, rules and regulations for the district. |
κ1928 Statutes of Nevada, 6th Special Session, Page 41 (CHAPTER 24, SB 17)κ
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as may be required, and prescribe their duties and remuneration, and to establish by-laws, rules and regulations for the district. Said by-laws, rules and regulations shall be printed in convenient form for distribution throughout the district. The board and its agents and employees shall have the right to enter upon any land to make surveys, and may locate the necessary works on any lands which may be deemed best for such location. Said board shall also have the right to acquire, either by purchase, condemnation, or other legal means, all lands, rights and other property necessary for the construction, use and supply, operation, maintenance, repair and improvement of the works of the district, including canals and works constructed and being constructed by private owners, lands for reservoirs for the storage of water, and all other works and appurtenances, either within or without the State of Nevada, and shall also have the right to acquire or contract for the delivery of electric power and electric power or transmission lines; provided, that the board shall not have the power to acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of fifteen thousand dollars without first calling a special election thereon as provided in this act. In case of purchase of property the bonds of the district hereinafter provided for may be used in payment of not less than ninety per cent (90%) of their par value and accrued interest. The board may do any and every lawful act necessary to be done in order to accomplish the things and purposes herein described. The collection, storage, conveyance, distribution, and use of water by or through the works of improvement districts hereafter organized, together with the rights of way for sewers, sites for reservoirs, electric power and transmission lines, and all other works and property required to fully carry out the provisions of this act, is hereby declared to be a public use. The board of directors is hereby empowered to change the boundaries of one or more divisions of the district in order to more nearly equalize the number of electors in the respective divisions, whenever in the opinion of the board it is advisable to so do; provided, that new lands shall not be included within the district boundaries, and lands within the district boundaries and lands within the district shall not be excluded by such change of boundaries, except as otherwise provided in this act. Such change of division boundaries shall become effective when a certified copy of a resolution making such change, attached to a copy of a map or plat of the district delineating the new division boundary lines, both being certified as correct by the secretary of the district, shall be filed in the office of the county recorder of the county in which the division whose boundaries have been so changed is situate. |
General powers of board of directors |
κ1928 Statutes of Nevada, 6th Special Session, Page 42 (CHAPTER 24, SB 17)κ
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Legal powers of board
Compensation and expenses of board of directors
Directors or officers not to be interested in contracts
Power to incur debts limited
Exception
Warrants; 6% interest
Assessment for expenses |
Sec. 11. The said board is hereby authorized and empowered to institute, maintain, and defend, in the name of the district, any and all actions and proceedings, suits at law, and in equity. Sec. 12. The members of the board of directors shall each receive five dollars per day and actual traveling expenses for each day spent attending meetings of said board or while engaged in official business under the order of the board. The board shall fix compensation to be paid to the other officers named in this act; provided, that said board shall, upon the petition of a majority of the electors within such district, submit to the electors at any general election of said district a schedule of salaries and fees to be paid the directors and officers thereof. Such petitions shall be presented to the board twenty days prior to such general election and a schedule fee submitted upon a two-thirds vote therefor shall be put into effect upon the first of the month next ensuing. Sec. 13. No director or any other officer named in this act shall in any manner be interested, directly, in any contract awarded by the board, or in the profits to be derived therefrom; and for any violation of this provision such officer shall be deemed guilty of a misdemeanor, and upon conviction thereof shall suffer a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. Sec. 14. The board of directors, or other officers of the district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise in excess of the express provisions of this act, and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void; provided, that for the purpose of organization, the board of directors may, at any time with the approval of the state board of irrigation district bond commissioners, incur an indebtedness not exceeding in the aggregate the sum of five thousand dollars, nor in any event to exceed $1 per acre, and may cause warrants of the district to issue therefor, bearing interest at six per cent per annum, and the directors shall have the right and power to levy an assessment of not to exceed one dollar ($1) per acre on all lands in said district for the payment of such expenses. Thereafter the directors shall have the right and power to levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this act of not to exceed twenty (20) cents per acre on all lands in said district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. Such assessments shall be collected as in this act provided for the collection of other assessments. |
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Sec. 15. As soon as practicable after the organization of a district the board of directors shall, by a resolution entered on its records, formulate a general plan of its proposed operations in which it shall state what constructed works or other property it proposes to purchase and the cost of purchasing the same, and also what construction work it proposes to do, and how it proposes to raise the funds for carrying out such general plan. The board shall cause such surveys and examinations to be made as will furnish a proper basis for an estimate of the cost of carrying out the construction work. All such surveys, examinations, maps, plans, and estimates shall be made under the direction of a competent engineer and certified by him. Upon receiving his report the board shall proceed to determine the amount of money necessary to be raised for the purchase of property and construction of works, and shall immediately thereafter call a special election at which shall be submitted to the electors of said district possessing the qualifications prescribed by this act the question whether or not the expense shall be authorized and whether by bond issue or otherwise. Notice of such election must be given by posting notices in three public places in each election precinct in the district not less than fifteen (15) nor more than twenty (20) days before the date of election, and the publication thereof for three weeks in some newspaper published in the county where the district was organized. Such notice shall specify the time of holding the election, the amount of bonds proposed to be issued, and shall state in substance that such plans and estimates as have been made are on file for inspection by the electors of the district at the office of the board. Said election must be held and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of this act governing the election of officers, and no informalities in conducting such an election shall invalidate the same if it shall have been otherwise fairly conducted. At such an election the ballot shall contain the words (Question) Yes, or (Question) No, or words equivalent thereto. If two-thirds or more of the votes cast are Yes, the board of directors shall be authorized to incur the expense, and, if a bond issue be authorized, shall cause bonds in the amount authorized to be issued. If more than one-third of the votes cast at any bond election are No, the result of such election shall be so declared and entered of record. Thereafter, whenever said board in its judgment deems it for the best interest of the district that the question of the issuance of bonds in such amount, or in any other amount, shall be submitted to the electors it shall so declare of record in its minutes, and may thereupon submit such question to said electors in the same manner and with like effect as at such previous election, but no question shall be resubmitted to the electors within one year after the same has been voted upon and rejected. |
General plan of operations to be formulated by board
Special election, when
Notice of election published in newspaper
Result of election declared
Ballots
Two-thirds majority necessary
Question not resubmitted within one year |
κ1928 Statutes of Nevada, 6th Special Session, Page 44 (CHAPTER 24, SB 17)κ
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Certain data to be submitted prior to calling special election
Bonds to be issued in series
Interest, 6%, when payable
Additional bonds may be issued |
previous election, but no question shall be resubmitted to the electors within one year after the same has been voted upon and rejected. Sec. 16. No special election shall be called for any of the purposes provided in this act until after the proposed local improvement, together with the estimated cost thereof, accompanied by a report of a competent engineer, together with the proposed method of financing the same, shall have been submitted by the board of directors of the district to the irrigation district bond commission and by such commission approved. The bonds authorized by vote shall be designated as a series, and the series shall be numbered consecutively as authorized. The portion of the bonds of the series authorized to be sold at any time shall be designated as an issue and each issue shall be numbered in its order. The bonds of such issue shall be numbered consecutively, commencing with those earliest falling due. They shall be negotiable in form, and payable in money of the United States and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe. Interest coupons shall be attached thereto, and all bonds and coupons shall be dated on January 1, or July 1, next following the date of their authorization, and they shall bear interest at the rate of not to exceed six per cent per annum, payable semiannually on the first day of January and July of each year. The principal and interest shall be payable at the place designated therein. Said bonds shall be each of a denomination of not less than one hundred dollars, nor more than one thousand dollars, and shall be signed by the president and secretary, and the seal of the district shall be affixed thereto. Coupons attached to each bond shall be signed by the secretary. Said bonds shall express on their face that they were issued by the authority of this act, naming it, and shall also state the number of the issue of which said bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser. In case the money raised by the sale of all the bonds be insufficient for the completion of the plans and works adopted, and additional bonds be not voted, it shall be the duty of the board of directors to provide for the completion of said plan by levy or assessment therefor; provided, further, that when the money obtained by any previous issue of bonds has become exhausted by expenditures herein authorized, and it becomes necessary to raise additional moneys to carry out the adopted plan, additional bonds may be issued if authorized at an election for that purpose, which election shall be called and otherwise conducted in accordance with the provisions of this act in respect to an original issue of bonds. The lien for taxes for the payment of interest and principal of any bond series shall be a prior lien to that of any subsequent bond series. |
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that of any subsequent bond series. The time for the issuance and maturity of the bonds and the manner of their payment may be otherwise determined and directed if submitted to vote by the electors of said district at the election authorizing the said bonds. Sec. 17. Whenever the electors shall have authorized an issue of bonds, as hereinbefore provided, the board of directors shall examine the land in the district, and shall determine the benefits which will accrue to each tract or subdivision from the construction or purchase of the works proposed for the district; and the costs of such works shall be apportioned or distributed over such tracts or subdivisions of land in proportion to such benefits. The board shall make, or cause to be made, a list of such apportionment or distribution, which list shall contain a complete description of each subdivision or tract of land of such district with the amount and rate per acre of such apportionment or distribution, and the name of the owner thereof, or it may prepare a map on a convenient scale showing each of said subdivisions or tracts with the rate per acre of such apportionment entered thereon; provided, that where all or any portion of the lands are apportioned a benefit by said board at the same rate a general statement to that effect shall be sufficient. Whenever thereafter an assessment is made, either in lieu of bonds, or an annual assessment for raising the interest on bonds, or any portion of the principal, or the expenses of maintaining the property of the district, or any special assessment voted by the electors, it shall be spread upon the lands in the same proportion as the assessments of benefits, and the whole amount of the assessments of benefits shall equal the amount of bonds or other obligations authorized at the election last above mentioned. Sec. 18. Before final action upon the apportionment of benefits provided for in the last preceding section, the board shall publish notice for two weeks in a newspaper published in the county in which the organization was effected that it will meet at its office on the day stated in said notice for the purpose of reviewing such apportionment of benefits. At such meeting the board shall proceed to hear all parties interested who may appear, and it shall continue in session from day to day until the apportionment is completed. It shall hear and receive all evidence offered, including any maps or surveys which any owners of lands may produce, and may classify the lands in such a way that the assessment when completed shall be just and equitable. Any person interested who shall fail to appear before the board shall not be permitted thereafter to contest said apportionment, or any assessment thereunder, except upon a special application to the court in the proceeding for confirmation of said apportionment, showing reasonable excuse for failing to appear before the board. In case any elector makes objection to said apportionment before said board, and said objection is overruled and such elector does not consent to the apportionment as finally determined, such objection shall, without further proceedings, be heard at the confirmation proceedings herein provided for. |
Prior lien, when
Costs of works to be apportioned according to benefits
Duties of board as to list or map
Assessments according to benefits
Notice of meeting for reviewing apportionment of benefits to be published in newspaper
Hearing, how conducted |
κ1928 Statutes of Nevada, 6th Special Session, Page 46 (CHAPTER 24, SB 17)κ
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Proceedings if elector objects to apportionment
Confirmation proceedings before district court
Notice of hearing to be published in newspaper
Civil practice act to govern
District court to examine all proceedings |
said apportionment before said board, and said objection is overruled and such elector does not consent to the apportionment as finally determined, such objection shall, without further proceedings, be heard at the confirmation proceedings herein provided for. Sec. 19. The board of directors of the district shall file with the clerk of the district court in and for the county in which its office is situated, a petition praying in effect that the proceedings aforesaid be examined, approved and confirmed by the court. The petition shall state generally that the improvement district was duly organized and the first board of directors elected, that due and legal proceedings were taken to issue bonds, stating the amount thereof, and that an apportionment of benefits was made by the board and a list thereof duly filed according to law. A list of the apportionment shall be attached to said petition, but the petition need not state other facts. Such petition for confirmation of the proceedings thus far had may be filed after the organization of the district is complete, or after the authorization of any issue of bonds, or after any other undertaking of the district. The court or judge shall fix the time and place for the hearing of any such petition, and the clerk shall publish a notice thereof for two consecutive weeks in a newspaper published in the county. Any person interested may on or before the day fixed for said hearing answer said petition. None of the pleadings need be sworn to, and every material statement of the petition not controverted by answer shall be taken as true. A failure to answer the petition shall be deemed to be an admission of the material allegations thereof. The rules of pleading and practice provided by the civil practice act of this state shall be followed so far as applicable. Sec. 20. Upon the hearing of such petition, the court shall examine all the proceedings sought to be confirmed and may ratify, approve, and confirm the same or any part thereof; and when an apportionment of benefits is examined all objections thereto, including those made at the hearing before the board, shall be set up in the answer and heard by the court. The court shall disregard every error, irregularity, or omission which does not affect substantial rights of any party, and if the court shall find that the apportionment is, as to any substantial matter, erroneous or unjust, the same shall not be returned to the board, but the court shall proceed to correct the same so as to conform to this act and the rights of all parties in the premises, and the final judgment may approve and confirm such proceedings in whole or in part. A certified copy of said final judgment shall be filed in the office of the state engineer and in the office of the recorder of the county or counties in which any of the lands within the district are situated. In case of the approval of the organization of the district and the disapproval of the proceedings for issuing bonds, the district may again undertake proceedings for the issuance of bonds and have the same confirmed as herein provided. |
κ1928 Statutes of Nevada, 6th Special Session, Page 47 (CHAPTER 24, SB 17)κ
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for issuing bonds, the district may again undertake proceedings for the issuance of bonds and have the same confirmed as herein provided. The cost of the proceedings in court may be allowed and apportioned among the parties thereto in the discretion of the court. Any person aggrieved at any decree of confirmation entered by the district court shall have the right to move for a new trial as now provided by law and may, within thirty days from the entry of such decree of confirmation, appeal to the supreme court of this state and all proceedings in the nature of appeals or rehearings may be had as in any ordinary civil action, except as herein expressly provided otherwise. Sec. 21. The board may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise money for the construction of works and the acquisition of property and rights and to otherwise carry out the objects and purposes of this act. Before making any sale the board shall by resolution declare its intention to sell a specific number and amount of bonds, and if said bonds can be sold at par with accrued interest they may be disposed of without advertising; otherwise notice shall be published for three weeks in a newspaper in the county in which the office of the district is situated, and in such other newspaper in or outside of the state as the board may deem expedient, that sealed proposals will be received at its office on or before a day and hour set in said notice for the purchase of said bonds. At the time appointed, the board shall publicly open the proposals, and sell the bonds to the highest responsible bidder, or it may reject all bids; but in case no bids are received, or in case no award is made, the board thereafter may either readvertise said bonds or any part thereof for sale or sell the same or any part thereof at private sale. The board may use any bonds of the district which have been offered for sale at public sale and remain unsold in payment for construction of canals, storage reservoirs, or other works of the district, without the necessity of calling for bids for such construction, and may enter into contracts providing for the payment of such construction in bonds, which said contracts may provide for the payment of a fixed contract price or the cost of such construction plus a fixed percentage thereof, or the cost of such construction plus a fixed sum, in the discretion of the board; provided, however, that ninety per cent of their par value and interest accrued thereon is the minimum price at which said bonds may be used in payment for such construction; and provided further, that such use of bonds and any such contract must be approved by the state irrigation district bond commissioners, provided, that the said board shall in no event sell any of the bonds for less than ninety (90) per cent of the par value thereof and accrued interest. If for any reason the bonds of a district cannot be sold, or, if at any time it shall be deemed for the best interests of the district to withdraw from sale all or any portion of an authorized bond issue, the board of directors may, in its discretion, cancel the same and levy assessment in the amount of the bonds canceled; provided, that the revenue derived from said assessments must be employed for the same purpose as was contemplated by the bond authorization, but no levy shall be made to pay for work or material, payment for which was contemplated by bonds which have been authorized, until bonds to the amount of said assessments have been canceled. |
Costs allowed and apportioned
Board to declare its intention to sell bonds
Publication of notice, when
Bonds may be used in payment of construction costs
Bonds must not be sold for less than 90% of par value |
κ1928 Statutes of Nevada, 6th Special Session, Page 48 (CHAPTER 24, SB 17)κ
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Assessments in lieu of bonds
Bonds and interest, how paid
Funds created; distribution of moneys to said funds |
be deemed for the best interests of the district to withdraw from sale all or any portion of an authorized bond issue, the board of directors may, in its discretion, cancel the same and levy assessment in the amount of the bonds canceled; provided, that the revenue derived from said assessments must be employed for the same purpose as was contemplated by the bond authorization, but no levy shall be made to pay for work or material, payment for which was contemplated by bonds which have been authorized, until bonds to the amount of said assessments have been canceled. Assessments made in lieu of bonds canceled shall be collected in the same manner and shall have the same force and effect as other assessments levied under the provisions of this act; provided, that such assessment shall not during any one year exceed ten per cent of the total bond issue authorized by such district, unless a greater assessment shall be authorized by a majority vote of the qualified electors of the district voting at a general election or a special election called for that purpose. Sec. 22. Said bonds and the interest thereon shall be paid by revenue derived from the annual assessment upon the lands in the district; and all the land in the district shall be and remain liable to be assessed for such payment in accord with the apportionment of benefits as in this act provided. Sec. 23. The following funds are hereby created and established, to which the moneys properly belonging shall be apportioned, to wit: Construction fund, bond fund, and general fund. The general fund may be divided into general and operation and maintenance as the board may direct. Moneys accruing from the sale of bonds, and from any assessments levied for the direct payment of cost of construction, purchase of property, or other undertakings for which bonds may be issued, shall be deposited and kept in the construction fund. Moneys accruing from assessments levied for the payment of interest and principal on bonds shall be deposited and kept in the bond fund. All other moneys, including those realized from assessments, or, as the case may be, from tolls and charges levied or imposed for defraying the organization and current expense of the district, and expenses and cost of the care, operation, maintenance, management, repair, and necessary current improvement or replacement of existing works and property, including salaries and wages of officers and employees and other proper incidental expenditures, shall be deposited and kept in the general fund or operation and maintenance fund as the board of directors may designate. The board of directors may make temporary transfers from the general fund to the construction fund and from the construction fund to the general fund, but no such transfer may be made from the bond fund. Whenever all construction work is completed, any money remaining in the construction fund may be transferred to the general fund. |
κ1928 Statutes of Nevada, 6th Special Session, Page 49 (CHAPTER 24, SB 17)κ
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may be transferred to the general fund. Surplus moneys in the bond fund, subject to the approval of the irrigation district bond commission, may be placed at interest or invested in approved interest-bearing securities. The treasurer of the district is hereby authorized and required to receive and receipt for and to collect the moneys accruing to the several funds above named, and to place the same to the credit of the district in the appropriate fund. Said treasurer shall be responsible upon his official bond for the safe-keeping and disbursements of the moneys in such fund. Interest coupons shall be paid by him as in this act provided. The board may establish rules and regulations and prescribe the conditions under which the treasurer may make disbursements from the general fund, but no other payments from any of the funds above named shall be made by the treasurer except upon vouchers signed by the president and secretary, authorized by order of the board. The county treasurer or treasurers who are required by this act to collect assessments levied by the district are hereby authorized to turn over to the treasurer of the district all moneys so collected and to take his receipt therefor. Such district treasurer shall report to the board in writing on the first Monday in each month the amount of money in the several funds aforesaid and the amounts received and paid out in the preceding month, and the treasurer shall make such other report and accounting as the board may require. Such reports shall be verified and filed with the secretary of the board. Sec. 24. The treasurer, upon the presentation of interest coupons when due, shall pay the same from the bond fund. Whenever after ten years from the issuance of bonds said fund shall amount to the sum of ten thousand dollars, the board of directors may direct the treasurer to buy such an amount of said bonds not due as the money in said fund will redeem at the lowest value at which they may be offered for liquidation, after advertising for at least three weeks in some newspaper published in the county in which the office of the district is located, and in such other newspapers as the board may deem advisable, for sealed proposals for the redemption of such bonds. Such proposals shall be opened by the board in open meeting at a time to be named in the notice, and the lowest bid or bids shall be redeemed at a rate above par. In case two or more bids are equal, the lowest numbered bond shall have the preference, and if any of said bonds are not so redeemed, that amount of the redemption money shall be invested by the treasurer under the direction of the board in United States bonds or the bonds or warrants of the state or municipal or school bonds, and such bonds and the proceeds therefrom shall belong to the bond fund. Sec. 25. The secretary of the board of directors shall be the assessor of the district, and on or before June 15 of each year shall prepare an assessment book containing a full and accurate list and description of all the land of the district, and a list of the persons who own, claim or have possession or control thereof during said year, giving the number of acres listed to each person. |
Surplus moneys may be invested
Treasurer responsible on official bond
District treasurers to make written report
Duties of treasurer as regards interest and redemption of bonds |
κ1928 Statutes of Nevada, 6th Special Session, Page 50 (CHAPTER 24, SB 17)κ
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Secretary to be assessor of his district
Board to correct assessments; notice to be published
Assessment for interest on bonds; may be increased, when |
the assessor of the district, and on or before June 15 of each year shall prepare an assessment book containing a full and accurate list and description of all the land of the district, and a list of the persons who own, claim or have possession or control thereof during said year, giving the number of acres listed to each person. If the name of the person owning, claiming, possessing or controlling any tract of said land is not known, it shall be listed to unknown owner. Sec. 26. The board shall meet at its regular monthly meeting in August of each year to correct assessments and may at such meeting correct assessments so as to conform with the benefits apportioned as herein provided for to pay obligations incurred or make up deficiencies arising from any source, and also to apportion and distribute benefits and assessments by reason of additional land in the district becoming subject thereto, and the secretary shall publish notice of such meeting for two weeks in a newspaper published in the county in which the district was organized. In the meantime the assessment book or books shall remain in the office of the secretary for inspection of all parties interested. The board of directors, which is hereby constituted a board of correction for the purpose, shall meet and continue from day to day as long as may be necessary, not to exceed five days, exclusive of holidays, and may make such changes in said assessment book or books as may be necessary to have it conform to the facts. Within ten days after the close of said season the secretary of the board shall have the corrected assessment book or books completed. Sec. 27. At its regular meeting in July the board of directors shall fix the rate and levy an assessment upon the lands in said district, in accordance with the provisions of this act, which levy and assessment shall be sufficient to raise the annual interest on the outstanding bonds or any contractual obligation. The board must increase said assessment in such amount as may be necessary from year to year to raise a sum sufficient to pay the principal of any outstanding contractual obligation, as such principal may be required to be paid under the terms of the contract. Said board may levy a tax upon the lands in the district either upon the same pro rata basis as benefits may have been apportioned, or otherwise, as the case may be, in order to secure such funds as may be deemed necessary to replace any deficit that may occur in a fund created for the repayment of a district obligation by reason of tax created for the repayment of a district obligation by reason of tax delinquencies. The secretary of the board shall compute and enter in a separate column of the assessment book or books the respective sums to be paid as an assessment on the property therein enumerated. Except as otherwise provided herein, assessments made for any of the other purposes of this act shall be made and levied as above provided and entered in appropriate columns of the assessment book or books. |
κ1928 Statutes of Nevada, 6th Special Session, Page 51 (CHAPTER 24, SB 17)κ
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above provided and entered in appropriate columns of the assessment book or books. In case of failure or refusal of the board of directors to levy an assessment as in this section provided, then, in the event such assessment has not otherwise been levied, it shall be the duty of the board of county commissioners of the county in which the office of the district is located to levy such assessment at its next regular meeting, or at a special meeting called for such purpose. The state board of irrigation district bond commissioners, at any time upon obtaining knowledge of such failure or refusal, shall have power, and it shall be their duty, to forthwith levy such assessment. It shall be the duty of the district attorney of the county in which the office of any improvement district is located, at the time such assessment should be made, to ascertain the fact in respect to the same, and if such assessment has not been made by the board of directors as required, to immediately notify the said board of county commissioners, the state board of irrigation district bond commissioners, and the attorney-general in respect to such failure. It shall be the duty of the district attorney and the attorney-general to aid in obtaining the earliest possible assessment following such failure or refusal of the district board to act. Where the last preceding assessment made will raise a sufficient revenue for the purposes of this section, in the event no other assessment is made, such assessment shall be deemed to have been levied for succeeding years, so long as it will produce the revenue required, and the taxes shall be collected in the same manner, and all officers shall perform the same duties in respect thereto, as though such assessment had been made for the particular year by the board of directors of the district. Where the assessment which should have been levied can be determined by a mere mathematical computation based on the relation between the amount to be raised for interest or interest and the redemption of bonds for any particular year and the apportionment of benefits in the district, such assessment shall be deemed to have been made, and the taxes based thereon shall be collected the same as though such assessment had been regularly levied by the board of directors of the district. Sec. 28. An assessment is a lien against the property assessed from and after the time such assessment is made. The lien of the bonds of any series shall be a preferred lien to that of any subsequent series, and such lien is not removed until the assessments are paid or the property sold for the payment thereof. Sec. 29. An assessment book shall be made up for the lands in each county in which the district is situated and the secretary of the board of directors shall forthwith certify the same not later than October 15 of each year to the county auditor, or county auditors, as the case may be, who shall enter such assessments in the tax rolls of such county or counties. |
County commissioners to act if board of directors fail to levy assessment
Duties of officers regarding assessment
Assessment lien against property, when
Assessment book for county auditors |
κ1928 Statutes of Nevada, 6th Special Session, Page 52 (CHAPTER 24, SB 17)κ
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Duties of county officers
County treasurer to return duplicate tax roll, when |
county auditor, or county auditors, as the case may be, who shall enter such assessments in the tax rolls of such county or counties. The assessments when levied and enrolled shall become due and delinquent at the same time and be subject to the same penalties and shall be collected by the same officers and in the same manner as state and county taxes. The county auditor, district attorney, clerk and treasurer shall do and perform all acts necessary to accomplish the collection of the same with penalties and the sale for delinquency and redemption of the lands involved. The secretary of the board of directors, at the time of delivering the assessment roll of the district to each county auditor, shall attach thereto in some suitable form a recapitulation list showing the name or names of each person, corporation or association listed in the assessment roll and the amount of money assessed and to be collected by the county treasurer or tax collector, which said recapitulation list shall be delivered by the county auditor to the county treasurer, together with the said assessment roll. The county treasurer shall insert after each name, in a proper column provided for that purpose, the amount paid by each person, corporation or association appearing on the assessment roll, or by stamping the word Paid after each sum, if the assessment is paid in full. The said recapitulation list shall be redelivered by the county treasurer to the district treasurer, together with the full amount of moneys collected, not later than the 15th day of December of each year; the treasurer shall also include in a report to the district treasurer the amount of any delinquent taxes collected, including the names of the persons paying the same and the years for which paid. On or before June 15 each year the county treasurer shall return to the district treasurer the said duplicate tax roll containing, in a proper column provided therefor, the amount of money paid by each person, or the word Paid stamped thereon after each person assessed, if paid in full, together with a statement of the amount of any delinquent taxes collected, giving the name of the party paying the same and the year for which paid; also, at such time the county treasurer shall deliver to the district treasurer all moneys collected for the district subsequent to the preceding December 15. The treasurer, prior to the time of redelivery of said recapitulation list and prior to the time of redelivery of said duplicate assessment roll to the district treasurer, shall report to the county auditor the amount of money which he has collected for and on behalf of the district, and thereupon the auditor shall draw his warrant for the same, placing same in the hands of the treasurer who is authorized to pay the said moneys to the district treasurer at the time of delivering said report. Sec. 30. After adopting a plan for such works as are proposed, the board of directors shall cause notice to be given by the secretary by publication thereof for not less than two weeks in a newspaper published in the county in which the district was organized, and in such other publications or newspapers as it may deem advisable, calling for bids for the construction of such works, or any portion thereof. |
κ1928 Statutes of Nevada, 6th Special Session, Page 53 (CHAPTER 24, SB 17)κ
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given by the secretary by publication thereof for not less than two weeks in a newspaper published in the county in which the district was organized, and in such other publications or newspapers as it may deem advisable, calling for bids for the construction of such works, or any portion thereof. If less than the whole work is advertised, then the portions so advertised must be particularly described in such notice. The notice shall set forth that the plans and specifications can be seen at the office of the board, that the board will receive sealed proposals for the construction of the proposed works, and that a contract therefor will be let to the lowest responsible bidder, subject to the right of the board to reject any and all bids, stating the time and place for opening the bids. At the time and place appointed the bids shall be opened in public and as soon as convenient thereafter the board shall accept a bid or bids and contract for the construction of the works, either in portions or as a whole, or it may reject any and all bids and readvertise for proposals; provided, that in case of necessity, the board of directors, by unanimous vote of those present at any regular or special meeting, may contract for the construction or repair of any part of the system of works, and may in the ordinary course of business purchase any necessary machinery or materials in such amount in one transaction as will not exceed an amount equal to five cents for each acre of land in the district. Any person or persons to whom a contract may be awarded shall enter into a bond in favor of the district with good and sufficient sureties to be approved by the board for not less than 20 per cent of the amount of the contract price, conditioned upon the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer employed by the district and approved by the board; provided, that no contract of any kind shall be let by said board of directors unless there is sufficient money in the district treasury at the time such contract is let to fully pay for the work or material so contracted for, or unless such contract is made payable in bonds of the district. Sec. 31. On the petition of a majority of the electors of the district, the board of directors may do any work mentioned in the preceding section on behalf of the district without calling for bids, and it may use the construction fund therefor. Sec. 32. The cost and expense of purchasing and acquiring property, and of constructing works to carry out the formulated plan or plans, or for the improvement or supplementing of existing works, except as otherwise provided herein, shall be paid out of the construction fund. For the purpose of defraying the organization and current expense of the district, and of the care, operation, maintenance, management, repair, and necessary current improvement or replacement of existing works and property, including salaries and wages of officers and employees and other proper incidental expenditures, the board may fix rates of tolls or charges, and provide for the collection thereof by the district treasurer as operation and maintenance, or some like designation, or may levy assessments therefor, or for a portion thereof, collecting the balance as tolls or charges as aforesaid. |
Bids for construction of works to be advertised for in newspapers
What notice shall contain
Exception in case of necessity
Successful contractor must give bonds
No bids, when
Construction fund, how used and reimbursed |
κ1928 Statutes of Nevada, 6th Special Session, Page 54 (CHAPTER 24, SB 17)κ
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Rights of board in constructing works
Right of way over state land granted
Board of directors may sell or lease improvements constructed; proviso
All districts to have the right of eminent domain |
replacement of existing works and property, including salaries and wages of officers and employees and other proper incidental expenditures, the board may fix rates of tolls or charges, and provide for the collection thereof by the district treasurer as operation and maintenance, or some like designation, or may levy assessments therefor, or for a portion thereof, collecting the balance as tolls or charges as aforesaid. Sec. 33. The board of directors shall have the power to construct the works of the district across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume, in such manner as to afford security for life and property; but said board shall restore the same when so crossed or intersected to their former state as near as may be or in a manner not unnecessarily impairing its usefulness; and if a railroad company or those in control of the property, thing or franchise to be crossed cannot agree with the board upon the amount to be paid, or upon the point or points or the manner of crossing or intersecting, the same shall be ascertained and determined as herein provided in respect to the taking of land. Sec. 34. The right of way is hereby given, dedicated and set apart, to locate, construct, operate, and maintain the works of the district over and through any of the lands which are now or may be the property of the state. Sec. 35. The board of directors shall have the power to sell, lease, contract to sell or otherwise dispose of the improvements constructed under the provisions of this act; provided always, that such sale, lease or contract of sale or other transaction relating to the disposition or change of control of the property shall not become effective or valid until ratified and approved at a special election held for that purpose in the same manner that other elections are held under the terms of this act and carried by two-thirds of the votes cast at such election. Sec. 36. All improvement districts organized under the laws of the State of Nevada shall have the right of eminent domain with the power by and through their board of directors to cause to be condemned and appropriated in the name of and for the use of said districts, all works with their appurtenances, constructed for the improvement of any lands within the district, and all lands required therefor, and all lands and rights of way required for the works constructed, or to be constructed, or which may be acquired by the district, and all necessary appurtenances and other property and rights necessary for the construction, operation, maintenance, repair, and improvement of said works. Such districts shall have the right by and through their boards of directors to acquire by purchase or other legal means any or all of the property mentioned and referred to in this section. In any action or proceedings for the condemnation of any such property wherein an improvement district is plaintiff such district, within six months after final judgment, shall pay the amount awarded in the judgment, or said judgment will be annulled. |
κ1928 Statutes of Nevada, 6th Special Session, Page 55 (CHAPTER 24, SB 17)κ
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district is plaintiff such district, within six months after final judgment, shall pay the amount awarded in the judgment, or said judgment will be annulled. Except as otherwise provided in this act, the provisions of the laws of Nevada relative to the right of eminent domain, civil actions, new trials, and appeals shall be applicable to and constitute the rules of practice in condemnation proceedings by improvement districts. Sec. 37. Vested interests in or to structures, works and property or water rights owned or used in connection with mining or power development shall never be affected by or taken under the provisions of this act, saving and expecting that rights of way may be acquired by the district over or across such works or property. Sec. 38. The board of directors of a district may at any time when deemed advisable call a special election and submit to the qualified electors of the district the question whether or not a special assessment shall be levied for the purpose of raising money to be applied to any of the purposes provided in this act. Such election shall be called and the same shall be held and the result thereof determined and declared in all respects in conformity with the provisions of this act in respect to bond elections. The notice shall specify the amount of money proposed to be raised and the purpose for which it is intended to be used, and whether an equal rate of assessment or a special apportionment of benefits is to be made in that relation if either is proposed. At such election the ballots shall contain the words Assessment-Yes, or Assessment-No. If two-thirds or more of the votes cast are Assessment-Yes, the board shall immediately proceed to apportion the benefits, if such apportionment is to be made, and to levy an assessment sufficient to raise the amount voted. The assessment so levied shall be entered in the assessment book or books by the secretary of the board and collected in the same manner as other assessments provided for herein and when received by the treasurer of the district shall be deposited and kept in the construction fund. At such an election there may be submitted the proposition of authorizing the board of directors to levy each year for a stated number of years assessments not exceeding a stated amount per acre for the purpose of providing a fund from which repairs may be made and replacement and extensions of existing works may be constructed and paid for as the necessity for same arises. In such case plans and specifications need not be made in advance-a general description of the contemplated undertaking shall be sufficient. If said proposition be carried by two-thirds of the electors the board shall be authorized to levy such assessment and same shall be collected as are other assessments under this act. Moneys realized from such assessments shall be deposited and kept in the general fund and disbursed by the treasurer in accord with the direction of the board or rules and regulations established by it. |
Certain vested interests not affected
Board of directors may call special election regarding levying of special assessment
Duties of board if assessment authorized
Proposition for yearly tax levy may be submitted |
κ1928 Statutes of Nevada, 6th Special Session, Page 56 (CHAPTER 24, SB 17)κ
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County commissioners to have access to books of district
Newspaper publication defined
Short title |
and disbursed by the treasurer in accord with the direction of the board or rules and regulations established by it. Sec. 39. The board of directors of each improvement district or the secretary thereof, shall at any time allow any member of the board of county commissioners, when acting under the order of such board, to have access to all books, records and vouchers of the district, which are in the possession or control of said board of directors or said secretary. Sec. 40. Whenever in this act any notice is required to be given by publication, such provision shall be satisfied by publishing the same in a weekly newspaper the same number of times consecutively as the number of weeks mentioned in the requirement. Sec. 41. This act may be referred to in any action, proceeding or legislative enactment as Nevada Improvement District Act. |
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Plant constructed when money available
Disposition of accumulated funds |
[Assembly Bill No. 11Mr. Neeley]
Chap. 25An Act to amend section 3 of an act entitled An act directing the mayor and city council of incorporated cities of this state to erect sewage disposal plants, to levy a tax and provide a fund for the construction of the same; providing a penalty for the failure of such city officers to comply with the provisions of this act; authorizing the removal of such officials from office by procedure in the district court; and other matters relating thereto, approved March 17, 1927.
[Approved February 4, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of the above-entitled act is hereby amended so as to read as follows: Section 3. When said fund so designated shall have deposited therein sufficient money to cover the cost of constructing a sewage disposal plant, it shall be the duty of the mayor and city council to immediately cause to be constructed a plant for sewage disposal; provided, that in any incorporated city wherein there was cast at the last preceding general election not to exceed three thousand votes for congressman, whenever any such incorporated city actually constructs any portion, or portions, of its sewage disposal system which are indispensable to the removal of the sewage or pollution from any river or water course, it may, with the consent of the legislative committee acting with the governor and attorney-general, as provided in assembly concurrent resolution No. 5, at page 356, of the Statutes of Nevada, 1925, apply such portion, or portions, of the accumulated funds as may be necessary from year to year to the payment of such construction, or to the redemption of such bonds as may have been issued to defray the costs of such construction. |
κ1928 Statutes of Nevada, 6th Special Session, Page 57 (CHAPTER 25, AB 11)κ
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bonds as may have been issued to defray the costs of such construction. Nothing in this act shall be construed to allow any portion, or portions, of the accumulated funds to be used for general sewer building purposes. Sec. 2. This act shall become effective and be in full force from and after its passage and approval. |
In effect |
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[Senate Bill No. 8Senator J. H. Miller]
Chap. 26An Act to require all state officers, commissions, and departments to account for and pay into the state treasury all moneys received by them, and other matters relating thereto.
[Approved February 4, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It is hereby made the duty of every state officer, department, or commission which receives or which may receive any moneys of the State of Nevada, or for its use and benefit, to pay into the state treasury on the first Monday of each month all moneys received by such officer, commissioner, or department during the previous calendar month, together with a complete itemized statement covering all financial transactions during said month. Sec. 2. Every officer, commissioner, or department failing to comply with the provisions of this act shall be guilty of a misdemeanor in office. Sec. 3. This act shall take effect immediately upon its passage and approval. |
State departments to settle with treasurer monthly
Penalty
In effect |
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[Senate Bill No. 25Senator Pittman]
Chap. 27An Act to repeal section 8a of an act entitled An act to provide for the protection and preservation of game and wild birds, providing penalties for the violation thereof, and repealing all acts or parts of acts in conflict therewith, approved March 21, 1923, as amended March 21, 1925, as amended February 8, 1927.
[Approved February 4, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 8a of an act entitled An act to provide for the protection and preservation of game and wild birds, providing penalties for the violation thereof, and repealing all acts or parts of acts in conflict therewith, approved March 21, 1923, as amended March 21, 1925, as amended February 8, 1927 is hereby repealed. Sec. 2. This act shall take effect immediately upon its passage and approval. |
Section repealed
In effect |
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κ1928 Statutes of Nevada, 6th Special Session, Page 58κ
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Public Utility defined
Exception |
[Senate Bill No. 26Senator Scott]
Chap. 28An Act to amend section 7 of An act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto, approved March 28, 1919, as amended March 21, 1925.
[Approved February 4, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 7 of the above-entitled act is hereby amended to read as follows: Section 7. The term Public Utility, as used herein, shall mean and embrace all corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage, or control any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroads or otherwise; also any company or individual or association of individuals owning or operating automobiles, auto trucks, or other self-propelled vehicles, engaged in transporting persons or property for hire over and along the highways of this state as common carriers; also express companies, telegraph and telephone companies; also radio or broadcasting instrumentalities, and airship common carriers; and all companies which may own cars of any kind or character, used and operated as a part of railroad trains, in or through this state, and all duties required of and penalties imposed upon any railroad or any officer or agent thereof shall, in so far as the same are applicable, be required of and imposed upon the owner or operator of said automobiles, auto trucks, or other self-propelled vehicles, transporting persons or property for hire over and along the highways of this state as common carriers, express companies, telegraph and telephone, radio, broadcasting, airship companies, and companies which may own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission shall have the power of supervision and control of all such companies and individuals to the same extent as of railroads; provided, however, that the term Public Utility, as used herein, shall not include corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers appointed by any court whatsoever, in so far as they own, control, operate or manage motor vehicles operated as hearses, ambulances, taxicabs or hotel busses, or engaged in the transportation of persons or property for hire exclusively within the limits of a city or town of the State of Nevada. |
κ1928 Statutes of Nevada, 6th Special Session, Page 59 (CHAPTER 28, SB 26)κ
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in the transportation of persons or property for hire exclusively within the limits of a city or town of the State of Nevada. Public Utility shall also embrace every corporation, company, individual, association of individuals, their lessees, trustees or receivers appointed by any court whatsoever, that now or hereafter may own, operate or control any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly, any plant or equipment, or any part of a plant or equipment within the state for the production, delivery or furnishing for or to other persons, firms, associations, or corporations private or municipal, heat, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service whether within the limits of municipalities, towns, or villages, or elsewhere; and the public service commission is hereby invested with full power of supervision, regulation and control of all such utilities, subject to the provisions of this act and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law. (a) The provisions of this act and the term Public Utility shall apply to the transportation of passengers and property and the transmission or receipt of messages, intelligence or entertainment, between points within the state, and to the receiving, switching, delivering, storing and hauling of such property, and receiving and delivering messages, and to all charges connected therewith, including icing charges and mileage charges, and shall apply to all railroads, corporations, airships, automobiles, auto trucks, or other self-propelled vehicles, express companies, car companies, freight and freight-line companies, and to all associations of persons, whether incorporated or otherwise, that shall do any business as a common carrier upon or over any line of railroad or any public highway within this state, and to any common carrier engaged in the transportation of passengers and property, wholly by rail, or partly by rail and partly by water, or by air. Sec. 2. This act shall take effect from and after its passage and approval. |
Embraces all corporations furnishing public service
Further application of term Public Utility
In effect |
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κ1928 Statutes of Nevada, 6th Special Session, Page 60κ
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Audit of books of certain state officers authorized
Expenses, how paid
Appropriation, $5,000
Duties of controller and treasurer
In effect |
[Assembly Bill No. 20Mr. Hussman]
Chap. 29An Act to provide for the examination, auditing, and reporting on the offices of certain state officials and departments of the State of Nevada, making an appropriation therefor, and other matters properly connected therewith.
[Approved February 4, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state board of examiners of the State of Nevada is hereby authorized, empowered, and directed to cause to be made, without unnecessary delay, by some competent person or firm, an examination, audit, and report of the office, business, books, records, and accounts of the offices and departments of surveyor-general, inspector of mines, secretary of state, state library, state printing office, state engineer, orphans home, Nevada industrial commission, and clerk of the supreme court. Sec. 2. The expenses of any such examination, audit and report, together with the printing of the report, shall be paid out of the general fund of the State of Nevada upon the certification by the state board of examiners of the completion of said audit and the amount due therefor. Sec. 2a. There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, the sum of five thousand ($5,000) dollars, to be expended under the direction of the state board of examiners of the State of Nevada, in carrying out the provisions of this act; provided, however, that any surplus remaining in such fund, after complying with the provisions of this act, shall revert to the general fund of the state. Sec. 3. The state controller is hereby directed, upon the presentation of a proper certificate by the state board of examiners, to draw his warrant in favor of the person or firm designated in such certificate for the amount certified as due, and the state treasurer is hereby directed to pay the same out of any funds in the state treasury not otherwise specially appropriated. Sec. 4. This act shall take effect and be in force from and after its passage and approval. |
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κ1928 Statutes of Nevada, 6th Special Session, Page 61κ
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[Senate Bill No. 9Senator J. H. Miller]
Chap. 30An Act to amend section 2 of an act entitled An act defining the duties of state treasurer, approved February 2, 1866.
[Approved February 4, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of an act entitled An act defining the duties of state treasurer, approved February 2, 1866, is hereby amended to read as follows: Section 2. He shall be commissioned by the governor, but before such commission shall issue and before entering upon the duties of his office he shall take the oath of office prescribed by law, to be endorsed upon his commission, and shall execute and deliver to the governor a bond, payable to the state, in the sum of two hundred thousand ($200,000) dollars, conditioned for the faithful performance of all duties which may be required of him by law and for the delivery by him to his successor of all books, papers, records, moneys, vouchers, sureties, funds and securities, evidences of debt, and effects belonging to this said office or to the State of Nevada. Said official bond shall be executed by a surety company or companies authorized to do business in the State of Nevada and shall be approved by the board of examiners. Sec. 2. This act shall take effect upon its passage and approval. |
State treasurer to file bond of $200,000
In effect |
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[Senate Bill No. 23Senator Fairchild]
Chap. 31An Act to provide for an appropriation for the payment of premiums on surety bonds of state officers, officials, or employees.
[Approved February 4, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of paying the premiums to surety companies for surety bonds of all state officers, officials, and employees where such officers, officials, or employees are required or permitted to give surety bonds, the sum of four thousand ($4,000) dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the general fund not otherwise appropriated. Sec. 2. All bills for the premiums on surety bonds, as required or permitted under the provisions of this act, shall be presented to the board of examiners, and when approved by the board of examiners and audited by the state controller, the state controller shall draw his warrant for the amount thereof, and the state treasurer shall pay the same. |
Appropriation for payment of surety bonds of state officials
Duties of state officers |
κ1928 Statutes of Nevada, 6th Special Session, Page 62 (CHAPTER 31, SB 23)κ
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In effect |
by the board of examiners and audited by the state controller, the state controller shall draw his warrant for the amount thereof, and the state treasurer shall pay the same. Sec. 3. This act shall be effective on and after its passage and approval. |
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Tax levy for 1928, 63 cents
In effect |
[Senate Bill No. 21Senator J. H. Miller]
Chap. 32An Act to amend section 2 of an act entitled An act to fix the state tax levy for the fiscal years 1927-1928, and to distribute the said levy to the proper funds, approved March 23, 1927.
[Approved February 4, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of an act entitled An act to fix the state tax levy for the fiscal years 1927-1928, and to distribute the said levy to the proper funds, approved March 23, 1927, is hereby amended to read as follows: Section 2. For the fiscal year commencing January 1, 1928, an ad valorem tax of 63 cents on each $100 of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: General fund, thirty-one cents, five cents of which shall be allotted to a deficiency fund; contingent university fund, nine cents; the university public service division, two cents; the university permanent building fund, two cents; state farm bureau fund, one cent; consolidated bond interest and redemption fund, six and one-half cents; the state distributive school fund, eleven cents; public school teachers retirement fund, five-tenths of one cent. Sec. 2. This act shall become effective on and after its passage and approval. |
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Preamble |
[Senate Bill No. 20Senator J. H. Miller]
Chap. 33An Act to provide for the levy of a tax for the maintenance of highways in the State of Nevada.
[Approved February 4, 1928]
Whereas, Under and by virtue of the provisions of chapter 169 of the Statutes of Nevada, 1917, being an act entitled An act to provide for a general highway law for the State of Nevada, approved March 23, 1917, the State of Nevada accepted and assented to the provisions of an act of Congress of the United States, entitled An act to provide that the United States shall aid the states in the construction of rural post routes, and for other purposes, approved July 11, 1916; and |
κ1928 Statutes of Nevada, 6th Special Session, Page 63 (CHAPTER 33, SB 20)κ
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post routes, and for other purposes, approved July 11, 1916; and Whereas, The State of Nevada did, in accepting and assenting to the provisions of said act, pledge the good faith of the State of Nevada to maintain, at its own expense, the roads so constructed with the aid of federal funds so appropriated, and to make adequate provision for carrying out such maintenance; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year commencing January 1, 1928, an ad valorem tax of 5 cents on each $100 of taxable property in the State of Nevada is hereby levied and directed to be collected upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. The moneys so collected from said tax shall be placed in the state highway maintenance fund and shall be used for the purpose of maintaining said highways in the State of Nevada built or constructed by the state in cooperation with the United States under and by virtue of An act to provide that the United States shall aid the states in the construction of rural post routes, and for other purposes, approved July 11, 1916. Sec. 2. All bills against said state highway maintenance fund shall be certified by the state highway engineer and shall be presented and examined by the board of examiners, and when allowed by said board of examiners and audited by the state controller, the state controller shall draw his warrant therefor. Said funds shall be expended by and under the direction of the department of highways as created by An act to provide a general highway law for the State of Nevada, approved March 23, 1917, and acts amendatory thereof and supplemental thereto. Sec. 3. This act shall take effect upon its passage and approval. |
Tax levy of 5 cents for highway maintenance
Funds to be expended under direction of department of highways
In effect |
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[Senate Bill No. 7Senator J. H. Miller]
Chap. 34An Act to authorize the deposit of state moneys in banks in this state, and to repeal all acts and parts of acts in conflict with this act.
[Approved February 6, 1928]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All moneys under the control of the state treasurer, not otherwise herein authorized and directed to be deposited, belonging to the state may be deposited by the state treasurer to the credit of the state on open account, subject to check without notice, in any state or national bank or banks in the State of Nevada. |
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κ1928 Statutes of Nevada, 6th Special Session, Page 64 (CHAPTER 34, SB 7)κ
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State moneys may be deposited in state or national banks on open account; provisions regarding
State-county settlement may be deposited in banks to credit of state treasurer |
subject to check without notice, in any state or national bank or banks in the State of Nevada. Such deposits shall be made only with the written consent and approval of the state board of examiners. Any sums so deposited shall be deemed to be in the state treasury; provided, that not more than one-fourth of the aggregate amount of said moneys available for deposit, and on deposit, shall be deposited in any one bank; and provided further, that no deposit in any one bank shall exceed in amount one hundred per cent (100%) of the capital and surplus of such depositary bank; provided, however, that where a bank or banks at the state capital are used by the state treasurer for the purpose of collecting revenue checks, remittances, and income to the state, the treasurer may deposit in such banks, to be designated by him, state moneys not to exceed two hundred per cent (200%) of the capital and surplus of such depositary bank or banks. The written consent and approval of the board of examiners to make deposits of state moneys in banks shall be delivered to the state treasurer and filed in his office, and a copy thereof shall be filed in the office of the secretary of state and shall be a public record. Sec. 2. All moneys accruing and to accrue to the State of Nevada from the several counties of the state for the regular annual tax levy for state purposes, commonly known as the state-county settlement, may be deposited by the county treasurers of the several counties of the state to the credit of the state treasurer on open account, subject to check without notice, in any state or national bank or banks, doing a general banking business within the county in which such moneys are collected. Any such sums of money so deposited shall be deemed to be in the state treasury; provided, that the county treasurer so depositing such moneys shall, immediately after the quota of moneys due from his county to the state shall have been collected, notify the state treasurer of the sums so collected and deposited, with vouchers from such depositary banks; and provided further, that the state treasurer in withdrawing such moneys, shall withdraw the same as nearly as may be pro rata to the amount deposited in such several depositary banks; such deposits shall be made only with the written consent and approval of the state board of examiners; provided, that not more than one-fourth of the aggregate amount of said moneys available for deposit, and on deposit, shall be deposited in any one bank; and provided further, that no deposit in any one bank shall exceed in amount of fifty per cent (50%) of the capital and surplus of any depositary bank. Sec. 3. All funds deposited by the state treasurer and the county treasurers operating under the provisions of section 2 of this act shall be secured by bonds of the United States, or of this state, or of any county, or municipality, or school district, or irrigation district within the state, deposited by the depositary bank with the state treasurer in an amount in value equal to the amount of state moneys deposited. |
κ1928 Statutes of Nevada, 6th Special Session, Page 65 (CHAPTER 34, SB 7)κ
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or school district, or irrigation district within the state, deposited by the depositary bank with the state treasurer in an amount in value equal to the amount of state moneys deposited. Such bonds and securities shall be approved in writing by the board of examiners and by the treasurer. In computing the value of bonds, interest shall not be included, and, except in case of conversion as hereinafter provided, interest on bonds, when due, shall be payable to owner of bonds deposited as security. Or such deposits may be secured by a depositary bond given by the depositary bank and an approved surety or bonding company, the premium on such bonds to be paid by the bank. Said depositary bond, and the surety or sureties, and the form thereof, shall be approved by the treasurer and the board of examiners, and shall be in an amount and penal sum of not less than the amount of the deposit. The treasurer or board of examiners may from time to time require such a deposit of such additional bonds and securities, or the giving of such additional depositary bond, as in their judgment shall be necessary to secure such deposits. Said bonds, or any part thereof, may be withdrawn on the written consent of the treasurer and the board of examiners; provided, that a sufficient amount of said bonds to secure said deposits shall always be kept by the state treasurer. In the event that any bank or banks, depositary of said money, shall fail to pay any deposit or deposits, or any part thereof, on demand of the said treasurer, then it shall be the duty of the state treasurer, with the written approval of the state board of examiners, to forthwith convert into money so much of said bonds or securities and interest as may be necessary to pay such deposit then due the state, and to disburse the same according to law. In the event that any deposit is secured by a depositary bond, as hereinbefore provided, upon failure of such bank to pay the amount of deposit on demand, the treasurer shall immediately commence action in the name of the state against such bank and the sureties on the depositary bond for the amount due the state from such depositary bank, together with all costs of any court action. Sec. 4. Every depositary bank shall at the close of business at the end of each month, and at any other time, upon demand of the state treasurer or state board of examiners, furnish the state treasurer with a statement of the account, duly verified or certified by some officer of the bank, upon a form to be fixed by the state treasurer, and shall at the same time return to the state treasurer all canceled checks and vouchers. Such depositary bank shall also at the same time mail a copy of said statement of the account to the board of examiners, a copy to the bank examiner, and the secretary of the board of examiners shall immediately mail a copy thereof to the president of the bank. |
All funds deposited must be secured to full value; treasurer custodian of securities
Procedure on failure of bank or banks to pay deposit on demand
Depositary bank to furnish statement of account on demand of state treasurer |
κ1928 Statutes of Nevada, 6th Special Session, Page 66 (CHAPTER 34, SB 7)κ
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Liability of state treasurer under act
Treasurer to publish statement showing deposits
Deposits withdrawn by check without notice
Warrant of controller check of treasurer
Treasurer to keep check register
Warrant checks to be drawn on nearest depositary bank
Interest on deposits, 2% |
Sec. 5. The state treasurer shall not be responsible for any moneys deposited in a bank or in banks under the provision of the act while the same remain there deposited with the consent of the board of examiners; but the treasurer shall be chargeable with the safe-keeping, management, and disbursement of the bonds deposited with him as security for deposits of state moneys, and with interest thereon, and the proceeds of any sale under the provisions of this act. Sec. 6. The state treasurer shall on or before the fifth day of each month cause to be published in a newspaper of general circulation, which publishes state advertisements and matter at the state capital, a statement showing the amount of state funds held by each and every state depositary on the first day of said month. A copy of said statement shall on or before the fifth day of each month be filed with the board of examiners. Sec. 7. All moneys deposited in any depositary bank by the state treasurer may be drawn out by a check or order of the state treasurer at any time without previous notice; provided, no withdrawal of such deposit or deposits, except by controllers warrant in the manner hereinafter set forth, shall be made by such treasurer without the written consent of the state board of examiners. A warrant of the state controller shall be a check of the state treasurer, and shall be paid by the depositary bank designated thereon, when registered, countersigned and the bank designated for payment thereof as hereinafter provided. The state treasurer shall keep a check register which shall separately show the amount of state money on deposit with every depositary bank, and shall list separately each and every check drawn upon the respective bank depositaries, numbering the checks against each depositary consecutively. A transcript of said check register listing each check and the number thereof, the amount for which the same is drawn, and the depositary bank upon which drawn for the previous calendar month, shall be filed with the board of examiners not later than the third day in each month, and so much thereof as relates to each depositary bank shall be forthwith transmitted to the president of each such bank. Sec. 8. Whenever any warrant of the state controller is presented to the state treasurer for payment, such warrant shall become a check of the state treasurer if the state treasurer shall endorse thereon the name of the depositary bank where payable, and a number to correspond with a registered check and countersign his name thereto as such state treasurer. Such warrant checks shall be drawn, as near may be, upon the depositary bank nearest the residence, if known, of the payee named in the warrant. Sec. 9. All moneys on deposit in any depositary bank shall draw interest at the rate of two per cent (2%) per annum, computed as follows: |
κ1928 Statutes of Nevada, 6th Special Session, Page 67 (CHAPTER 34, SB 7)κ
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There shall be found the average daily balance of state moneys kept on deposit in each depositary bank for the six months periods preceding the first day of June and the first day of December of each year. From the amount of such average daily balance there shall be deducted forty per cent (40%) thereof, and the remaining sixty per cent (60%), as evidenced by said daily balance for said semiannual period, or for such time thereof as said moneys shall have been on deposit, shall bear interest at the said rate of two (2) per cent per annum. Each depositary bank shall, within ten days on and after the first day of June and the first day of December of each year, remit to the state treasurer at Carson the amount of said earned interest for the respective semiannual periods; provided, that in consideration of no exchange or collection charges being made on checks or coupons of, or remittances to, the state, any bank or banks at the state capital may be relieved by the state treasurer with the approval of the state board of examiners from the payment of any interest on amounts deposited with them. Sec. 10. Every state or county officer or official who shall violate any of the provisions of this act shall be guilty of malfeasance in office, and upon conviction thereof shall be punished by imprisonment for a term not exceeding fifteen years, or by a fine of not less than $10,000 and not more than twice any amount misappropriated. Sec. 11. This act shall be effective on and after its passage and approval. It is hereby declared to be an emergency measure. Sec. 12. All acts and parts of acts in conflict herewith are hereby repealed; provided, however, that no right or remedy now existing to the state under any previous act in conflict herewith shall be deemed to be in anywise affected or abrogated. |
Method of computing interest
Penalty for violation of provisions of act
In effect
Repeal; proviso |
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