[Rev. 3/1/2019 4:48:52 PM]
κ1945 Statutes of Nevada, Page 333 (CHAPTER 189, SB 127)κ
|
the amount of $15,000, accruing from revenues of the system, it will become mandatory upon the board of county commissioners to call a public hearing for the consideration of power rates reduction equitable with the operating revenue being received by the system. Sec. 3. All acts and parts of acts insofar as they may be in conflict with the provision of this act are hereby repealed. |
Repeal |
________
|
[Senate Bill No. 119Senator Tallman]
Chap. 190An Act to amend an act entitled An act relating to the national guard and the enrolled militia; to provide for the custody and care of the state armory building and grounds; to prevent the desecration of the flag of the United States and the flag of this state; providing penalties for the violation of the provisions hereof; repealing certain acts in conflict herewith, and other matters relating thereto, approved March 27, 1929, together with the acts amendatory thereof, or supplemental thereto.
[Approved March 22, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 69 of the above-entitled act (chapter 153, Statutes 1929, page 221, being section 7183, N. C. L. 1929, as amended by chapter 123, Statutes of Nevada 1933, page 157, and by chapter 214, Statutes of Nevada 1937, page 523), is hereby amended to read as follows: Section 69. (1) The state, through the adjutant generals department shall adopt and provide service medals of appropriate design and material, to be issued for five, ten, fifteen, twenty, twenty-five, thirty, thirty-five, forty, and forty-five years of continuous service on the active list of the national guard; and medals of appropriate design and material shall also be adopted and awarded to officers and enlisted men showing one hundred (100%) percent continuous attendance at all ordered armory drills and at the annual training camp held in each fiscal or calendar year, with bars designating the year of award, as well as subsequent years for such attendance; provided, that at the close of any five-year period, five-year bars may be awarded and substituted for the annual bars previously awarded. Such medals or bars shall be prepared and issued free of cost to those entitled to same by the adjutant general only upon application of the party entitled thereto, and upon proof of such service or one hundred (100%) percent attendance from the records of the national guard. The state, through the adjutant general, shall adopt and provide, with the approval of the state board of military auditors, suitable medals, prizes, or other awards for the promotion of rifle practice by duly organized rifle clubs of the Nevada state rifle association and organizations and individuals of the Nevada national guard, and the cost thereof, upon being approved by the adjutant general, shall be paid from the fund appropriated for the support of the office of the adjutant general. |
State to provide service medals |
κ1945 Statutes of Nevada, Page 334 (CHAPTER 190, SB 119)κ
|
Medals for promotion of rifle practice
Who may receive medals
Who may present medals
Who may receive additional awards |
shall adopt and provide, with the approval of the state board of military auditors, suitable medals, prizes, or other awards for the promotion of rifle practice by duly organized rifle clubs of the Nevada state rifle association and organizations and individuals of the Nevada national guard, and the cost thereof, upon being approved by the adjutant general, shall be paid from the fund appropriated for the support of the office of the adjutant general. Medals of appropriate design and material shall also be adopted and provided as follows: (a) Medal of valor, (b) military cross, and (c) medal of merit, and the adjutant general is hereby authorized to provide and procure appropriate emblematic devices for each such decoration, together with suitable ribbons and insignia to be worn therewith or in lieu thereof. (2) A medal of valor may be presented to each person, who while an officer or enlisted man of the national guard of Nevada distinguishes himself by courageous conduct at the risk of his life, above and beyond the call of duty while in the service of the state or of the United States, but no award of the medal of valor shall be made except upon clear and incontestable proof of affidavit of at least one eyewitness or person having personal knowledge of the act or deed. (3) A military cross may be presented to each person who, while an officer or enlisted man of the national guard of Nevada, distinguishes himself by extraordinary heroism while in the service of the state or of the United States. (4) A medal of merit may be presented to each person who while an officer or enlisted man of the national guard of Nevada, distinguishes himself by exceptionally meritorious service to the state or the United States in a duty of great responsibility or who, by unselfish and untiring activities in connection with the national guard of Nevada has rendered a distinct service in furthering the interests of and promoting the security and welfare of the state. (5) The medal of valor shall be presented by the governor, the military cross, medal of merit, the service medal, and other authorized medals and awards shall be presented by the governor or the adjutant general in the name of the governor, as commander in chief. (6) Not more than one medal of valor, or one military cross, or one medal of merit, or service medal or attendance medal shall be issued to any one person; but for each succeeding deed or act sufficient to justify the award of a medal of valor, or a military cross, or a medal of merit, or continuous service medal, as well as for one hundred (100%) percent attendance, a suitable bar or other device denoting such additional award may be issued and worn as directed by appropriate regulations, evidenced by orders issued from the office of the adjutant general. |
κ1945 Statutes of Nevada, Page 335 (CHAPTER 190, SB 119)κ
|
(7) Decorations authorized by this code, and decorations, medals, badges, ribbons, and insignia authorized by the regulations of the national guard bureau, United States war or navy departments may be worn by officers and enlisted men in accordance with such regulations. No other decorations, unless the same have heretofore been authorized by the adjutant general of Nevada, medals, badges, ribbons, or insignia may be worn, and the adjutant general is authorized to make and publish, from time to time, rules, regulations, and orders not inconsistent herewith as may be necessary to carry into effect the provisions of this section. (8) A medal to be known as the Governors Medal shall be presented annually to a student of the military courses of the military department of the University of Nevada (R. O. T. C.), whose proficiency in military training, observance of the rules of military courtesy, and intelligent attention to duty has received the approbation of the professor of military service and tactics of that institution, who will submit the name of the individual through the president of the University of Nevada, to the governor each year. In making the selection of such student, the professor of military science and tactics will certify to the governor, through the president of the University of Nevada, the name of the highest student of the basic or advanced military courses, who meets the requirements set forth, and specifically recommend him for such honor. The design and adoption of this medal will be under the supervision of the adjutant general of Nevada and the cost thereof shall be a charge against and be paid from the funds allotted for the support of the office of the adjutant general. (9) The adjutant general is authorized to make, from time to time, rules, regulations, and orders not inconsistent herewith, which he may deem necessary to carry into effect provisions of this section. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall be in full force and effect from and after its passage and approval. |
Decorations worn under certain regulations
University military student to receive Governors Medal
Adjutant general to make rules and regulations Repeal
In effect |
________
κ1945 Statutes of Nevada, Page 336κ
|
Preamble
Commissioners of Mineral County to issue bonds |
[Senate Bill No. 147Senator Schuman]
Chap. 191An Act supplemental to an act entitled An act authorizing and empowering the board of county commissioners of Mineral County, State of Nevada, acting as a town board for the town of Hawthorne, Nevada, to issue and sell bonds of the town of Hawthorne, Mineral County, Nevada, for the purpose of constructing and installing a sewer system in the town of Hawthorne; providing for the levy and collection of taxes for the payment thereof, to provide for the fixing of a reasonable service charge, and to constitute same as a lien against the property and persons using same, and other matters properly relating thereto, and providing for an election therefor, approved March 24, 1941; providing for the issue of a second series of bonds within the amount first authorized, and without the holding of another election.
[Approved March 22, 1945]
Whereas, Pursuant to the provisions of chapter 62, session laws of Nevada 1941, a special election was held in the town of Hawthorne, Mineral County, Nevada, in accordance with chapter 70, session laws of Nevada 1937, which resulted in the authorization for the issuance of bonds in the sum of not to exceed forty thousand ($40,000) dollars, exclusive of interest, for the purpose of providing funds for constructing and installing a sewer system in the town of Hawthorne; and Whereas, The county commissioners of Mineral County, sitting as a town board for the town of Hawthorne, prepared, issued and sold such bonds in the sum of thirty thousand ($30,000) dollars, which amount was then deemed a sufficient amount to be sold; and Whereas, It is now deemed necessary for the purpose of completing said sewer system in the town of Hawthorne to prepare and sell the balance of the forty thousand dollar issue authorized under chapter 62, session laws of Nevada 1941, and the special election held June 2, 1941; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Under the authority granted in chapter 62, session laws of Nevada 1941, to which this act is supplemental, the board of county commissioners of Mineral County, State of Nevada, acting as a town board for the town of Hawthorne, Nevada, is authorized, in its discretion, to prepare, issue, and negotiate the sale of the balance of the bond issue authorized in said act in a sum not to exceed ten thousand ($10,000) dollars. |
κ1945 Statutes of Nevada, Page 337 (CHAPTER 191, SB 147)κ
|
Sec. 2. With the exception therefrom of the holding of an election as in said act provided, the bonds hereby authorized shall be prepared, issued, and sold in accord with, and subject to the provisions of, said chapter 62, session laws of Nevada 1941. They shall be issued as second series under the authority of this act and shall be redeemed and retired consecutively in order of their issuance annually thereafter, according to the time specified therein from the date of their issue, respectively, and in no case shall any bond run for a longer period than twenty years. Sec. 3. This act shall be in full force and effect from and after its passage and approval. |
Bonds issued as second series of Chap. 62, Statutes of 1941
In effect |
________
|
[Senate Bill No. 16Committee on Judiciary]
Chap. 192An Act providing for the proof of wills where subscribing witnesses are unavailable, by reason of service in the armed forces of the United States, or as merchant seamen.
[Approved March 22, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. When it appears to the court that a will cannot be proven as otherwise provided by law because one or more or all of the subscribing witnesses to the will, at the time the will is offered for probate, are serving in or present with the armed forces of the United States or as merchant seamen, or are dead or mentally or physically incapable of testifying or otherwise unavailable, in the course of such service, the court may admit the will to probate upon the testimony in person or by deposition of at least two credible disinterested witnesses that the signature to the will is in the handwriting of the person whose will it purports to be, or upon other sufficient proof of such handwriting. The foregoing provision shall not preclude the court, in its discretion, from requiring in addition, the testimony in person or by deposition of any available subscribing witness, or proof of such other pertinent facts and circumstances as the court may deem necessary to admit the will to probate. Sec. 2. This act shall become effective from and after its passage and approval. |
Proof of wills when witnesses are unavailable
In effect |
________
κ1945 Statutes of Nevada, Page 338κ
|
Awards of wage adjustments to be posted
In effect |
[Senate Bill No. 73Committee on Labor]
Chap. 193An Act to amend an act entitled An act regulating the payment of wages or compensation in private employments, providing for regular pay days therein, making it the duty of the labor commissioner and district attorneys in this state to enforce its provisions, and providing penalties for violations of this act, and other matters relating thereto, approved March 19, 1919, as amended.
[Approved March 22, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The above-entitled act, being sections 2775-2782 Nevada Compiled Laws 1929, as amended, is hereby amended by inserting therein a new section to be known as section 3a, reading as follows: Section 3a. Every employer having granted or agreed to an adjustment of wages of an employee or employees wherein payments additional to the regular wage payments pursuant to this act are made, shall forward such adjusted wages in legal negotiable instruments to its agent and/or paymaster in this state, whereupon said agent and/or paymaster shall post in two conspicuous places at the office or other places used by such agent and/or paymaster for the regular payment of wages, a list of the names together with a written notice thereon that such wage payments will be held by such agent and/or paymaster for thirty days from and after the date of posting of said lists and notice for the purpose of payment thereof; provided, that if any such employee shall at the time be stationed at a place other than at the place of regular payment of wages, either within or without the State of Nevada, the employers said agent and/or paymaster shall forward said wage payments to such employee or deliver the same to such employees agent thereunto authorized in writing signed by said employee to receive such payment; provided further, that the provisions of this section shall not apply where payment of such additional pay is made directly to an employee or employees. Sec. 2. This act shall be effective from and after July 1, 1945. |
________
κ1945 Statutes of Nevada, Page 339κ
|
[Senate Bill No. 14Committee on Judiciary]
Chap. 194An Act to provide for the appointment of a conservator, under certain circumstances, for property of persons serving in or with the armed forces of the United States, or as merchant seamen.
[Approved March 22, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever a person, hereinafter referred to as an absentee, serving in or with the armed forces of the United States, or a person serving as a merchant seaman, has been reported or listed as missing, or missing in action, or interned in a neutral country, or beleaguered, besieged, or captured by an enemy, has an interest in any form of property in this state or is a legal resident of this state and has not provided an adequate power of attorney authorizing another to act in his behalf in regard to such property or interest, then the probate court of the county of such absentees legal domicile or of the county where such property is situated, upon petition alleging the foregoing facts and showing the necessity for providing care of the property of such absentee made by any person who would have an interest in the property of the absentee were such absentee deceased, or on the courts own motion, after notice to, or on receipt of proper waivers from, the heirs and next of kin of the absentee as provided by law for the administration of an estate, and upon good cause being shown, may, after finding the facts to be as aforesaid, appoint a conservator to take charge of the absentees estate, under the supervision and subject to the further orders of the court. Sec. 2. The court shall have full discretionary authority to appoint any suitable person as such conservator and may require such conservator to post an adequate surety bond and to make such reports as the court may deem necessary. The conservator shall have the same powers and authority as the guardian of the property of an infant or incompetent and shall be considered as an officer or arm of the court. Sec. 3. At any time upon petition signed by the absentee, or on petition of an attorney in fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the delivery of all property held thereunder to the absentee or to the designated attorney in fact. Likewise, if at any time subsequent to the appointment of a conservator it shall appear that the absentee has died and an executor or administrator has been appointed for his estate, the court shall direct the termination of the conservatorship and the delivery of all property of the deceased absentee held thereunder to such executor or administrator. |
Appointment of conservators for members of armed forces
Court to have discretionary authority
Further duties of court |
κ1945 Statutes of Nevada, Page 340 (CHAPTER 194, SB 14)κ
|
In effect |
of the deceased absentee held thereunder to such executor or administrator. Sec. 4. This act shall become effective from and after its passage and approval. |
________
|
Violation deemed misdemeanor
Portion of salary may be withheld
Repeal |
[Senate Bill No. 65Senators Tognoni and Lemaire]
Chap. 195An Act to amend an act entitled An act regulating and prescribing the hours that sheriffs, county recorders, county clerks, county treasurers, and district attorneys of all of the counties in the State of Nevada shall keep their offices open for the transaction of public business, and providing a penalty for the violation thereof, and repealing all acts in conflict herewith, approved March 29, 1907, as amended.
[Approved March 22, 1945]
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, being section 2046 of the Nevada Compiled Laws of 1929, is hereby amended so as to read as follows: Section 2. Any officer violating the provisions of section 1 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars, nor more than thirty dollars, or by imprisonment in the county jail not less than five days, nor more than fifteen days, and if any officer mentioned in section 1 of this act shall absent himself from his office, except when called away from his office by official duties, or except when expressly permitted so to do by the board of county commissioners of a majority of the members thereof in writing, or except when he first makes provision to leave his office open for the transaction of public business on the days and during the hours prescribed by section 1 of this act and in charge of a deputy duly qualified to act in his absence, there shall be withheld from his monthly salary that proportion thereof as the number of days of said absence bears to the number of days of the month in which such absence occurs. Such sum shall be withheld from payment of salary to said officer for the next succeeding month by order of the board of county commissioners; but no order in the premises shall be made without first giving the officer affected reasonable notice and an opportunity to appear before the board and defend the charge against him. Sec. 2. All acts and parts of acts, and particularly chapter 180, Statutes of Nevada 1935, insofar as they may be in conflict with the provisions of this act, are hereby repealed. |
________
κ1945 Statutes of Nevada, Page 341κ
|
[Senate Bill No. 109Committee on Education, State Library, and Public Morals]
Chap. 196An Act to amend an act entitled An act authorizing and directing the board of regents of the University of Nevada to establish a retirement system covering all employees of the University of Nevada and the public service division thereof; authorizing the board of regents with the approval of the state board of examiners to establish rules and regulations for the administration thereof; authorizing the board of regents to accept the provisions of the act of Congress approved March 4, 1940; creating a fund to be known as the University of Nevada retirement plan fund; authorizing the payment of annuities and the purchase of group annuities; defining the duties of the board of regents of the University of Nevada, the state board of examiners, the state controller, and the state treasurer in relation thereto; providing and establishing the necessary funds, authorizing the levy of the tax therefor, and other matters relating thereto.
[Approved March 22, 1945]
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, being chapter 99, Statutes of Nevada 1943, at page 127, is hereby amended so as to read as follows: Section 2. Said board of regents shall make rules and regulation not inconsistent with the provisions of this act or of the act of Congress approved March 4, 1940, hereinbefore referred to, for the administration of said University of Nevada retirement plan. Such rules and regulations, subject to the approval of the board of examiners of the State of Nevada, shall, among other things, provide: (a) That each employee of the University of Nevada and of the public service division thereof shall on or before July 1, 1945, signify in writing on forms to be provided by the board of regents his or her acceptance or rejection of the University of Nevada retirement plan. (b) That all employees of the University of Nevada or public service division thereof entering the service after July 1, 1945, must accept the provisions of the University of Nevada retirement plan, subject to the rules and regulations approved by the board of examiners of the State of Nevada and adopted by the board of regents. (c) That each employee of the University of Nevada and of the public service division thereof accepting the provisions of the University of Nevada retirement plan shall contribute monthly an amount equal to at least five (5%) percent of his monthly salary to the University of Nevada retirement plan. |
Regents to make rules
Provisions of rules |
κ1945 Statutes of Nevada, Page 342 (CHAPTER 196, SB 109)κ
|
Provisions of rules
In effect |
contribute monthly an amount equal to at least five (5%) percent of his monthly salary to the University of Nevada retirement plan. (d) That all contributions to the University of Nevada retirement plan received by the board of regents from any and all sources in any month shall be remitted by them on or before the tenth day of the succeeding month to the state controller for credit to the University of Nevada retirement plan fund. (e) That all employees of the University of Nevada and the public service division thereof accepting the provisions of the University of Nevada retirement plan may receive a retirement annuity which shall not exceed fifty (50%) percent of the average salary for the five years next preceding the date of retirement, and in no case shall such annuity exceed one hundred fifty ($150) dollars per month. (f) That the board of regents shall keep an individual account with each contributor to the University of Nevada retirement plan fund, showing the date and the amount of each contribution by each contributor. Sec. 2. This act shall become effective immediately upon its passage and approval. |
________
|
Land for various purposes may be acquired
Payment, how made |
[Senate Bill No. 135Senator Tallman]
Chap. 197An Act authorizing the board of county commissioners of Humboldt County to acquire by purchase, gift, or in any other manner, parcels of land for park, recreational, and memorial purposes; providing for the manner of payment, and authorizing a tax levy therefor.
[Approved March 22, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Humboldt County may acquire by purchase, contracts of purchase, which may or may not extend beyond their respective terms of office, gift, or in any other manner, parcels of land for park, recreational, and memorial purposes. Sec. 2. For the purpose of acquiring such parcels of land the said board of county commissioners may use any unexpended moneys remaining in any county fund, except bond interest and redemption funds. They may, in addition thereto, fix a yearly rate as a part of the county budget for the purpose of paying for said lands and the expense incidental to acquiring the same. |
κ1945 Statutes of Nevada, Page 343 (CHAPTER 197, SB 135)κ
|
Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 4. This act shall become effective immediately upon its passage and approval. |
Repeal In effect |
________
|
[Senate Bill No. 148Senator Johnson]
Chap. 198An Act to further amend an act entitled An act to incorporate Carson City, approved February 25, 1875.
[Approved March 22, 1945]
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, as amended, is hereby further amended to read as follows: Section 3. The corporate powers of the city shall be vested in a board of trustees to consist of five members, who shall be actual residents and owners of real estate in the city and who shall be chosen by the qualified electors thereof in the manner hereafter set forth. Sec. 2. Section 5 of the above-entitled act, as amended, is hereby further amended to read as follows: Section 5. On the first Monday in May 1945, there shall be elected in said city by all the electors thereof one trustee to represent each ward in said city and one trustee to represent the city at large. The term of office for the first trustees so elected shall be: for the first ward, two years; for the second ward, two years; for the third ward, four years; for the fourth ward, four years. The term of office of the trustee at large shall at all times be two years. The term of office of each trustee representing a ward, after the expiration of the aforesaid terms, shall be four years. On the first Monday in May 1947, and each two years thereafter on said day, there shall be elected in said city by all the electors thereof, three trustees, one of whom shall be the trustee at large and two of whom shall represent their respective wards for the ensuing term of four years. The trustee elected to represent each ward shall be an actual resident of the ward he or she is chosen to represent. The trustee at large shall be ex officio mayor of the city and president of the board of trustees. Whenever any vacancy occurs in the office of any member of the board, the remaining trustees, or a majority thereof, shall fill such vacancy by appointing a qualified person, resident of the proper ward, in each case; provided, they shall fill any vacancy occurring in the office of trustee at large, ex officio mayor and president of the board of trustees, by appointing any qualified resident of any ward in Carson City. |
Corporate powers vested in board of trustees
Election of trustees; terms of office
Vacancies, how filled |
κ1945 Statutes of Nevada, Page 344 (CHAPTER 198, SB 148)κ
|
Provisions of general election laws applicable
Duties of the city clerk |
ex officio mayor and president of the board of trustees, by appointing any qualified resident of any ward in Carson City. Nothing herein shall be construed to prevent any member of the board of trustees from resigning his office in order to become eligible for appointment to fill any vacancy in the office of trustee at large, ex officio mayor and president of the board of trustees. Any trustee appointed to fill any vacancy in the office of any member of the board shall hold such office for the balance of the unexpired term. Sec. 3. Section 6 of the above-entitled act, as amended, is hereby further amended to read as follows: Section 6. All provisions of law which now are or hereafter may be in force regulating elections and providing for the registration of electors, so far as the same may be consistent with the provisions of this act, shall apply to the election of the trustees and all other elections held by the city. It shall be the duty of the city clerk to prepare an official register for the city, containing the names of all persons entitled to vote at any election to be held by the city. Said official register shall be prepared by writing therein the names of all electors residing within Carson City who are duly registered in Ormsby County, according to the general laws of the State of Nevada governing registration; provided, however, if said general laws should become impracticable the said official register shall, in such case, be made up of all electors registered in said Ormsby County at the last preceding general election who are residents of Carson City, together with all electors registered in a supplemental register as hereinafter provided for. Thirty days prior to any city election the city clerk shall open a supplemental register in which any qualified elector of Carson City may register for the impending city election, and said supplemental register shall remain open up to the hour of five oclock p. m. on the twentieth day prior to said election. It shall be the duty of the city clerk to provide the election officials with a check list and other books and supplies that may be necessary. Such check list or check lists shall be made up from the registrations in the official register and shall contain only the names of the electors entitled to vote at the election for which it is prepared. The city clerk shall for a period of two weeks preceding thirty days prior to any biennial election, publish a notice in a newspaper published in Carson City, to the effect that an election is to be held in said city for the election of trustees by all the electors in Carson City, and the day on which the election is to be held. Said notice shall also state the time up to which nominations may be filed. Thirty days prior to any city election the city clerk shall cause to be published in a newspaper published in Carson City a notice of registration and setting forth the day and hour said registration will close. |
κ1945 Statutes of Nevada, Page 345 (CHAPTER 198, SB 148)κ
|
shall cause to be published in a newspaper published in Carson City a notice of registration and setting forth the day and hour said registration will close. The board of trustees shall designate a polling place or places in the city and the names of persons to act as inspectors and clerks of election in numbers sufficient in their judgment for the work. Notices naming the polling place or places shall be published for a period of two weeks prior to any city election. As soon as the votes are counted and tallied inspectors shall make out a statement and return of the same and deposit the same with the board of trustees in manner and form as required by the general laws; and within three days thereafter the board of trustees shall proceed to canvass the same, and cause the issuance of a certificate or certificates of election by its clerk in manner and form as provided by law concerning elections. The election of any person to the office of trustee may be contested in the manner and form as provided by statute concerning general elections. Nominations for the office of trustee shall be made as follows: Any person legally eligible to the office of trustee may become a candidate by filing with the city clerk a certificate of nomination in which he shall state under oath that he is a resident and owner of real estate in the ward for which he desires to become a candidate; or, if he desires to be candidate for trustee at large, that he is a resident and owner of real estate within the city. Said certificate of nomination shall also show which ward said person desires to represent. All certificates of nomination for the office of trustee shall be filed with the city clerk not later than the hour of five oclock p. m. of the thirtieth day prior to any biennial election. It is contemplated that all the electors in Carson City shall be entitled to vote at any city election for all candidates for the board of trustees notwithstanding one member shall be chosen from each ward in said city, and that one or more polling places may be set up and served by sufficient officers to properly handle the work of conducting such elections. If more than one polling place is provided the notice naming the polling places shall be sufficient to direct the electors in each ward as to the place where they may vote. Where there is more than one polling place the check lists supplied the election officials at each polling place shall contain only the names of the electors as shown by the registry who are entitled to vote at such polling place, and the clerk shall obtain the necessary information from the register or otherwise for that purpose. In the event the time for closing the registry is otherwise provided or other provisions are made for any special election or bond election than those in this act provided, the provisions of such special act shall govern to any extent necessary to give effect to any such special act or election. |
Board to designate polling places
Nominations for trustees, how made
All electors to vote for full complement of trustees |
κ1945 Statutes of Nevada, Page 346 (CHAPTER 198, SB 148)κ
|
In effect |
this act provided, the provisions of such special act shall govern to any extent necessary to give effect to any such special act or election. Sec. 4. This act shall be in full force and effect from and after its passage and approval. |
________
|
Board of regents to purchase land
Description of land
Duty of controller and treasurer |
[Senate Bill No. 129Committee on Ways and Means]
Chap. 199An Act authorizing and directing the board of regents of the University of Nevada to purchase certain real property, providing for payment for the same from the university state tax fund and through the execution of an easement for private purposes over certain state lands, and other matters properly relating thereto.
[Approved March 22, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Upon the passage and approval of this act and for the consideration stated in sections 2 and 3 of this act, the board of regents of the University of Nevada shall be authorized and directed to purchase all that certain lot, piece, or parcel of land situate in the city of Reno, county of Washoe, State of Nevada; being a portion of SW 1/4 of the SW 1/4 of the NE 1/4 of section 2, T. 19 N., R. 19 E., M. D. B. & M., more particularly described as follows, to wit: Beginning at a point on the north line of the tract of land now owned by the University of Nevada, said point being 406.3 feet south 89° 44′ east from the concrete hub at the center of section 2, township 19 north, range 19 east, M. D. B. & M.; thence north 24° 36′ west 160 feet; thence north 89° 44′ west along the northerly line of the Adele Rickard property a distance of 207.1 feet to a point 93.4 feet easterly of the east line of Virginia street; thence south 0° 16′ west 147 feet to the north line of the property of the University of Nevada; thence south 89° 44′ east 272.9 feet along the north line of the property of the University of Nevada, to the point of beginning; containing an area of 0.81 acre, more or less; reserving, however, from the above-described premises an easement with right of ingress and egress for the purpose of maintaining a sewer line as now located through the above-described premises from the remaining property of the party of the first part herein. Sec. 2. As part remuneration for the purchase of the property described in section 1 of this act, the state controller is hereby authorized and required to draw his warrant on the university state tax fund in favor of Adele Rickard of Reno, Nevada, for an amount not to exceed the sum of $1,000, and the state treasurer is hereby authorized and required to pay the same. |
κ1945 Statutes of Nevada, Page 347 (CHAPTER 199, SB 129)κ
|
sum of $1,000, and the state treasurer is hereby authorized and required to pay the same. Sec. 3. As further remuneration for the purchase of the property described in section 1 of this act, the board of regents of the University of Nevada is hereby authorized and directed to make, execute and deliver a good and sufficient easement to Adele Rickard of Reno, Nevada, covering a piece or parcel of land to be used for private right-of-way purposes over and across certain state lands; said piece or parcel of land lying and being in the city of Reno, county of Washoe, State of Nevada, being a portion of the NW 1/4 of the NW 1/4 of the SW 1/4 of section 2, T. 19 N., R. 19 E., M. D. B. & M., more particularly described as follows, to wit: Beginning at the point of intersection of the easterly line of Virginia street of the city of Reno, Washoe County, Nevada, and the north line of the tract of land now owned by the University of Nevada, said point being 40.00 feet S. 89° 44′ E. from the concrete hub which has been established by said city of Reno and county of Washoe as being the surveyed center of said section 2; thence S. 89° 44′ E. along said north line a distance of 93.40 feet, to the southeast corner of the remaining property of Adele Rickard; thence S. 0° 16′ W. a distance of 30.00 feet to a point; thence N. 89° 44′ E. a distance of 93.40 feet, more or less, to the east line of aforesaid Virginia street; thence northerly along said east line a distance of 30.00 feet to the point of beginning, containing an area of 0.066 of an acre, more or less. Sec. 4. This act shall be in full force and effect from and after its passage and approval. |
Regents to deliver easement to Adele Rickard
Description of easement
In effect |
________
|
[Senate Bill No. 76Senator Johnson]
Chap. 200An Act making an appropriation for the support, maintenance, and operation of the Nevada state museum, as created by chapter 159 of the 1939 statutes of Nevada, as amended.
[Approved March 22, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of fifteen thousand five-hundred forty ($15,540) dollars for the purpose of assisting in the support, maintenance, and operation of the Nevada state museum for the biennium beginning July 1, 1945, and ending June 30, 1947. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
Appropriation
Repeal |
________
κ1945 Statutes of Nevada, Page 348κ
|
Appropriation
In effect |
[Senate Bill No. 150Committee on State Prison and Hospital for Mental Diseases]
Chap. 201An Act making an appropriation for the general support of the Nevada state hospital for mental diseases for the balance of the 1943-1945 biennium.
[Approved March 22, 1945]
For the purpose of providing further funds for the purchase, preparation and service of food to the patients at the state hospital for mental diseases,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated out of the general fund of the State of Nevada the sum of six thousand ($6,000) dollars which sum shall be transferred to and deposited in the general support fund to the Nevada state hospital for mental diseases, for the biennium ending June 30, 1945. Sec. 2. This act shall become effective upon its passage and approval. |
________
|
|
[Senate Bill No. 98Committee on Fish and Game]
Chap. 202An Act to amend an act entitled An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds, and fish; creating certain offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the licensing of and regulating of hunting, trapping, game farming, and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries, and refuges, and the closing, opening, and shortening of hunting and fishing seasons; regulating the transportation and possession of wild animals, wild birds, and game fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom, providing penalties for violation thereof and repealing certain acts and parts of acts in conflict therewith, approved March 29, 1929, as amended.
[Approved March 22, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 39 1/2 of the above-entitled act, being section 2 of chapter 31, 1935 Statutes of Nevada, is hereby amended to read as follows:
|
κ1945 Statutes of Nevada, Page 349 (CHAPTER 202, SB 98)κ
|
section 2 of chapter 31, 1935 Statutes of Nevada, is hereby amended to read as follows: Section 39 1/2. Notwithstanding any provision of the above-entitled act, it shall be unlawful for any person to take, catch, or kill, or have in his, her, or their possession, on any one calendar day more than fifty (50) catfish or twenty-five (25) large-mouth black bass, regardless of weight. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective from and after its passage and approval. |
Limit of catfish or black bass
Repeal
In effect |
________
|
[Senate Bill No. 78Senator Johnson]
Chap. 203An Act to amend an act entitled An act concerning the estates of deceased persons, approved March 26, 1941.
[Approved March 22, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 297 of the above-entitled act, being section 9882.297 of the 1931-1941 Supplement of the Nevada Compiled Laws of 1929, is hereby amended so as to read as follows: Section 297. When any person having title to any estate, which is his or her separate property, not otherwise limited by contract, shall die intestate as to such estate, it shall descend and be distributed, subject to the payment of his or her debts, in the following manner: First-If there be a surviving husband or wife, and only one child, or the lawful issue of one child, one-half to the surviving husband or wife, and one-half to such child or issue of such child. If there be a surviving husband or wife, and more than one child living, or one child and the lawful issue of one or more deceased children, one-third to the surviving husband or wife, and the remainder in equal shares to his or her children, and the lawful issue of any deceased child by right of representation. If there be no child of the intestate living at his or her death, the remainder shall go to all of his or her lineal descendants, and if all of the said descendants are in the same degree of kindred to the intestate, they shall share equally, otherwise they shall take according to the right of representation. Second-If he or she shall leave no issue, the estate shall go one-half to the surviving husband or wife, one-fourth to the intestates father, and one-fourth to the intestates mother, if both are living; if not, one-half to either the father or mother then living. If he or she shall leave no issue, nor father, nor mother, one-half of the separate property of the intestate shall go to the surviving husband or wife, and the other half thereof shall go in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister by right of representation. |
Descent of distributions |
κ1945 Statutes of Nevada, Page 350 (CHAPTER 203, SB 78)κ
|
Decent of distributions |
nor father, nor mother, one-half of the separate property of the intestate shall go to the surviving husband or wife, and the other half thereof shall go in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister by right of representation. If he or she shall leave no issue, or husband, or wife, the estate shall go, one-half to the intestates father and one-half to the intestates mother, if both are living; if not, the whole estate shall go to either the father or mother then living. If he or she shall leave no issue, father, mother brother, or sister, or children of any issue, all of the separate property of the intestate shall go to the surviving husband or wife. Third-If there be no issue, nor husband, nor wife, nor father, nor mother, then in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister by right of representation. Fourth-If the intestate shall leave no issue, nor husband, nor wife, nor father, nor mother, and no brother or sister living at his or her death, the estate shall go to the next of kin in equal degree, excepting that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestors shall be preferred to those who claim through ancestors more remote; provided, however, if any person shall die leaving several children, or leaving one child and issue of one or more children, and any such surviving child shall die under age and not having been married, all of the estate that came to such deceased child by inheritance from such deceased parent shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who may have died, by right of representation. Fifth-If at the death of such child, who shall die under age and not having been married, all the other children of this said parent being also dead, and any of them shall have left issue, the estate that came to such child by inheritance from his or her said parent shall descend to all the issue of the other children of the same parent, and if all the said issue are in the same degree of kindred to said child they shall share the said estate equally; otherwise they shall take according to the right of representation. Sixth-If there be no surviving husband or wife, but there be a child or children, the estate shall, if there be only one child, all go to that child; and if there be more than one child, the estate shall descend and be distributed to all the intestates children, share and share alike. Seventh-If there be no surviving husband or wife, but there shall be a child or children and the lawful issue of a child or children, the estate shall descend and be distributed to such child or children and lawful issue of such child or children by right of representation as follows: To such child or children each a childs part, and to the lawful issue of each deceased child, by right or representation, the same part and proportion that its parent would have received in case such parent had been living at the time of the intestates death; that is, the lawful issue of any deceased child shall receive the part and proportion that its parent would have received had such parent been living at the time of the intestates death. |
κ1945 Statutes of Nevada, Page 351 (CHAPTER 203, SB 78)κ
|
a child or children, the estate shall descend and be distributed to such child or children and lawful issue of such child or children by right of representation as follows: To such child or children each a childs part, and to the lawful issue of each deceased child, by right or representation, the same part and proportion that its parent would have received in case such parent had been living at the time of the intestates death; that is, the lawful issue of any deceased child shall receive the part and proportion that its parent would have received had such parent been living at the time of the intestates death. Eighth-If there be no surviving husband or wife, or child or children, but there be the lawful issue of a child or children, all of the estate shall descend and be distributed to the lawful issue of such child or children by right of representation, and this rule shall apply to the lawful issue of all such children, and to the lawful issue ad infinitum. Ninth-If the intestate shall leave no husband, nor wife, nor kindred, the estate shall escheat to the state for educational purposes. Tenth-No person convicted of the murder of the decedent shall be entitled to succeed to any portion of the decedents estate; but the portion thereof to which he would otherwise be entitled to succeed goes to the other persons entitled thereto under the provisions of this act. Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed. |
Decent of distributions
When estate escheats
Murder of decedent not entitled to any portion of estate
Repeal |
________
|
[Senate Substitute for Senate Bill No. 6Committee on Mines and Mining]
Chap. 204An Act to amend an act entitled An act relating to the sale, by the county commissioners of the various counties of this state, of patented mining claims which have, or may hereafter, become the property of any county of this state through the operation of the revenue laws of the state, approved March 6, 1933, as amended.
[Approved March 22, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act, being section 4309 of the Nevada Compiled laws, 1939-1941 Supplement, is amended to read as follows: Section 1. Whenever any person shall present to and file with the board of county commissioners of the proper county an affidavit and petition showing that he is a citizen of the United States; that there is belonging to said county, as shown by the official records thereof, a patented mining claim or claims, sufficiently identifying the same, which has or have become the property of said county through operation of the revenue laws of this state; the amount of the tax and penalties and costs, if any, for which said claim or claims became the property of said county; that it is his bona fide intention to explore and develop said claim or claims, the said board of county commissioners may contract respecting said claim, or claims, as follows:
|
|
κ1945 Statutes of Nevada, Page 352 (CHAPTER 204, Senate Substitute for Senate Bill No. 6)κ
|
Application to explore patented mining claims belonging to county
Permit granted; conditions
Renewal of prospecting permit, when granted; proviso
Repeal
In effect |
of the United States; that there is belonging to said county, as shown by the official records thereof, a patented mining claim or claims, sufficiently identifying the same, which has or have become the property of said county through operation of the revenue laws of this state; the amount of the tax and penalties and costs, if any, for which said claim or claims became the property of said county; that it is his bona fide intention to explore and develop said claim or claims, the said board of county commissioners may contract respecting said claim, or claims, as follows: By an order appearing in its minutes said board may give to such petitioner permission to enter upon any such claim or claims and explore the same for valuable minerals for a period of six months without any charge therefor; provided, no ore or valuable mineral, in excess of five hundred (500) pounds, shall be removed from any mining claim or claims until title thereto shall have been acquired by said citizen as is hereinafter provided. At the expiration of six months, or sooner, if said petitioner so desires, said county commissioners shall make and execute a deed conveying the title of such county to such claim or claims to said petitioner for the sum for which said property became the property of the county; provided, however, no deed shall be executed for any less number of claims than the number named in the six months prospecting lease hereinabove referred to. No person, firm, company, or corporation, or agent of any person, firm, company, or corporation, shall be granted a new prospecting permit upon the same claims, or any of them under the provisions of this act until thirty (30) days shall have elapsed between the date of the termination of the former prospecting permit and the date of application for a subsequent permit; provided, however, if at the time of the expiration of a prospecting period actual development work, by drilling or otherwise, is being carried on, then, and in that event, the board of county commissioners shall, upon application, grant an additional six months prospecting period to the same applicant or applicants. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective immediately upon its passage and approval. |
________
κ1945 Statutes of Nevada, Page 353κ
|
[Senate Bill No. 154Elko County Delegation]
Chap. 205An Act to amend An act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 14, 1917.
[Approved March 22, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of article II of the above-entitled act is hereby amended so as to read as follows: Section 3. Officers, Election of-Election, When and How Held-Supervisors. After the regular city election on the first Tuesday after the first Monday in May 1945, to wit, on the first Tuesday after the first Monday in May 1947, and at each successive interval of four years thereafter there shall be elected at large by the qualified voters of the city of Elko at a general election to be held for that purpose a mayor in and for said city who shall hold office for a period for four years and until his successor shall have been elected and qualified. At said election on the first Tuesday after the first Monday in May 1947, there shall be elected at large by the qualified voters of said city four supervisors. The two supervisors-elect who have received the largest number of votes cast at such election shall hold office for the period of four years and the two supervisors-elect who have received the smallest number of votes cast at said election shall hold office for two years. In the event of any tie the result shall be determined by lot. On the first Tuesday after the first Monday in May 1949, and at each successive interval of two years thereafter, there shall be elected at large by the qualified voters of said city two supervisors who shall hold office for four years and until their successors shall have been elected and qualified. The board of supervisors of said city shall order the general election and shall determine the places in said city for holding the same, and the mayor of said city shall make proclamation thereof, and otherwise said election and the manner of holding the same shall be governed by the laws of the State of Nevada governing general elections, so far as the same may be applicable thereto, and in the event there should be any failure on the part of the general election laws of the state to provide for some feature of said city election then the board of supervisors of said city of Elko shall have the power to provide for such deficiency. Sec. 2. Section 9 of article II of said act is hereby amended to read as follows: Section 9. Mayor and Supervisors, Salary of. The mayor and each of the supervisors of said city shall receive as remuneration for services as such the sum of $600 per annum, payable in equal monthly installments. |
Officers, election of; election, when and how held supervisors |
κ1945 Statutes of Nevada, Page 354 (CHAPTER 205, SB 154)κ
|
Mayor and supervisors, salary of
Repeal
In effect |
and each of the supervisors of said city shall receive as remuneration for services as such the sum of $600 per annum, payable in equal monthly installments. Sec. 3. All acts and parts of acts, and particularly all parts of said act to incorporate the town of Elko approved March 14, 1917, in conflict herewith are hereby repealed to the extent of such conflict. Sec. 4. This act shall become effective from and after its passage and approval. |
________
|
Land may be acquired for certain purposes
Payment for same, how made
Repeal
In effect |
[Senate Bill No. 100Senator Farndale]
Chap. 206An Act authorizing the boards of county commissioners in counties having a population of over 10,000 to acquire by purchase, gift, or in any other manner, parcels of land for park, recreational, and memorial purposes; providing for the manner of payment, and authorizing a tax levy therefor.
[Approved March 22, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The boards of county commissioners of the counties of the State of Nevada having more than ten thousand (10,000) population may acquire by purchase, contracts of purchase, which may or may not extend beyond their respective terms of office, gift, or in any other manner, parcels of land for park, recreational, and memorial purposes. Sec. 2. For the purpose of acquiring such parcels of land the boards of county commissioners may use any unexpended moneys remaining in any county fund, except bond interest and redemption funds and fish and game funds. They may, in addition thereto, fix a yearly rate as a part of the county budget for the purpose of paying for said lands and the expense incidental to acquiring the same. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 4. This act shall become effective immediately upon its passage and approval. |
________
κ1945 Statutes of Nevada, Page 355κ
|
[Senate Bill No. 130Committee on Ways and Means]
Chap. 207An Act authorizing and directing the board of regents of the University of Nevada to purchase certain real property, providing for payment for the same from the university state tax fund, and other matters relating thereto.
[Approved March 22, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of regents of the University of Nevada is hereby authorized and directed to exercise an option to purchase and to purchase at a cost of not to exceed fourteen thousand ($14,000) dollars all that certain lot, piece, or parcel of land situate in the city of Reno, county of Washoe, State of Nevada, being a portion of the SW 1/4 of the NE 1/4 of section 2, T. 19 N., R. 19 E., M. D. B. & M., more particularly described as follows, to wit: Beginning at a point on the north boundary of the University of Nevada, whereas the center of section 2, township 19 N., R. 19 E., bears S. 7° 10′ 30″ east 1,152.20 feet. Said center of section 2 being duly established by city and county survey in 1912. Thence south 56° 59′ east, 84.00 feet; thence south 60° 47′ 30″ east, 121.58 feet; thence south 80° 34′ 45″ east 142.05 feet; thence south 57° 34′ east 196.17 feet; thence south 16° 19′ 40″ east 139.54 feet; thence south 38° 30′ 30″ east 87.12 feet; thence north 88° 13′ 10″ east, 497.60 feet to the present northeast corner of the University of Nevada property. Thence north 88° 13′ 10″ east 58.32 feet, more or less, to an intersection with the westerly Western Pacific Company right-of-way line. Thence along said westerly Western Pacific Company right-of-way line from a tangent which bears north 7° 09′ 42″ west along a curve to the right with a radius of 1,329.33 feet through an angle of 25° 55′ 38″, a distance of 601.54 feet, more or less, to the intersection of the Western Pacific right-of-way with the north line of the property of the Evans Estate Company. Thence north 89° 18′ 50ʺ west 77.59 feet; thence north 89° 19′ 50″ west 252.80 feet; thence north 86° 08′ 50″ west 704.00 feet; thence north 89° 48′ 10″ west 840.00 feet, more or less, to the intersection of the north line of the Evans Estate property with the easterly right-of-way of route 9 section A, Nevada state highways. Thence, south 26° 38′ 50″ east 48.0 feet; thence north 82° 00′ 30″ east 63.8 feet; thence south 73° 20′ 30″ east 212.41 feet; thence south 78° 55′ 40″ east 120.87 feet; thence south 56° 57′ 50″ east 114.4 feet; thence south 72° 04′ east 92.08 feet; thence south 78° 55′ 30″ east 97.30 feet, to the point of beginning. |
Board of regents may exercise certain option
Description of land |
κ1945 Statutes of Nevada, Page 356 (CHAPTER 207, SB 130)κ
|
Payment authorized
In effect |
The above tract of land having an area of 14.79 acres, more or less. Sec. 2. Said board of regents is hereby authorized and directed to pay for said property from the university state tax fund by a claim approved by the board of regents, and presented and allowed by the board of examiners, and when such claim be so presented and allowed, the state controller shall draw his warrant for the amount of said claim. Sec. 3. This act shall be in full force and effect from and after its passage and approval. |
________
|
Preamble
Board of regents to remodel old gymnasium
Payment authorized
In effect |
[Senate Bill No. 131Committee on Ways and Means]
Chap. 208An Act authorizing and directing the board of regents of the University of Nevada to remodel the old gymnasium building on the University of Nevada campus to provide suitable quarters for the department of military science and tactics, making an appropriation therefor, and other matters relating thereto.
[Approved March 22, 1945]
Whereas, Upon the completion of the new gymnasium at the University of Nevada, the old gymnasium will be released for other service; and Whereas, The quarters heretofore occupied by the department of military science and tactics are inadequate; and Whereas, The University of Nevada is required to furnish adequate quarters for said department of military science and tactics; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of regents of the University of Nevada is hereby authorized and directed to remodel the old gymnasium on the University of Nevada campus to provide suitable quarters for the department of military science and tactics at a cost not to exceed twenty thousand ($20,000) dollars. Sec. 2. All bills for the remodeling of the old gymnasium as provided for in section 1 of this act shall be paid out of the university state tax fund upon claims approved by the board of regents of the University of Nevada and audited and approved by the state board of examiners as other claims against the state are paid. Sec. 3. This act shall become effective from and after its passage and approval. |
________
κ1945 Statutes of Nevada, Page 357κ
|
[Senate Substitute for Assembly Bill No. 95Committee on Ways and Means]
Chap. 209An Act making an appropriation for the defense of a certain suit brought against the State of Nevada under the authority of the act of the legislature constituting chapter 181, Statutes of Nevada 1943.
[Approved March 22, 1945]
Whereas, Under the authority of an act of the legislature of the State of Nevada constituting chapter 181, Statutes of Nevada 1943, the county of Clark has commenced an action against the State of Nevada, which action is now pending in the district court in and for Ormsby County; and Whereas, By the said act the sum of one hundred thousand ($100,000) dollars was appropriated for the purpose of defending such action, if commenced, of which the sum of two thousand seven hundred fifty ($2,750) dollars has been or will be expended for the purpose stated during the present biennium; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of ninety seven thousand two hundred fifty ($97,250) dollars is hereby appropriated for the biennium commencing July 1, 1945, and ending June 30, 1947, out of any unappropriated moneys in the state treasury, which sum of money may be disbursed by the governor for the purpose of paying counsel fees and other costs incident to the defense of such litigation, in the same manner as other funds are paid and disbursed. Sec. 2. If moneys in excess of the sum of two thousand seven hundred fifty ($2,750) dollars shall be expended from said appropriation of one hundred thousand ($100,000) dollars during the present biennium, then and in such event the above appropriation of ninety seven thousand two hundred fifty ($97,250) dollars made by this act shall be reduced by the amount of such excess. |
Preamble
Appropriation
Excess of present expenses may affect appropriations |
________
κ1945 Statutes of Nevada, Page 358κ
|
University regents to complete gymnasium
Payment of expenses, how effected
In effect |
[Senate Bill No. 132Committee on Ways and Means]
Chap. 210An Act authorizing and directing the board of regents of the University of Nevada to complete the building known as the university gymnasium, providing for the payment for the same from the university state tax fund, and other matters properly relating thereto.
[Approved March 22, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of regents of the University of Nevada are hereby authorized and directed to complete the building known as the university gymnasium at a cost not to exceed forty-five thousand ($45,000) dollars. Sec. 2. All bills for the completion of the university gymnasium as provided for in section 1 of this act shall be paid out of the university state tax fund upon claims approved by the board of regents of the University of Nevada and audited and approved by the state board of examiners as other claims against the state are paid. Sec. 3. This act shall become effective from and after its passage and approval. |
________
|
|
[Senate Bill No. 128Senators Lemaire and Haight]
Chap. 211An Act to amend an act entitled An act for the better protection of motor-vehicle dealers, garage keepers, and automobile repairmen, and creating and giving to them a lien upon motor vehicles, motorcycles, motor equipment, and trailers, for supplies, accessories, repairs, and labor; making it a misdemeanor to incur a bill on any motor vehicle, motorcycle, motor equipment, or trailer without the consent of the owner; reserving certain legal rights and remedies to lien claimants, owners, and others; and repealing all acts and parts of acts in conflict herewith, and particularly repealing an act entitled An act for the better protection of motor-vehicle dealers, garage keepers, and automobile repairmen, and giving them a lien on motor vehicles for supplies, accessories, repairs, and labor, and making it a misdemeanor to incur a bill on a motor vehicle without the consent of the owner, approved March 24, 1917, being sections 3772 to 3779, both inclusive, of the N. C. L. 1929, approved March 13, 1943.
[Approved March 22, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The title of the above-entitled act, being chapter 95 of the 1943 Statutes of Nevada, is amended so as to read as follows:
|
κ1945 Statutes of Nevada, Page 359 (CHAPTER 211, SB 128)κ
|
95 of the 1943 Statutes of Nevada, is amended so as to read as follows: An Act for the better protection of motor-vehicle and aeroplane dealers, garage and airport keepers and automobile and aeroplane repairmen, and creating and giving to them a lien upon motor vehicles, aeroplanes, motorcycles, motor or aeroplane equipment, and trailers, for supplies, accessories, repairs, and labor; making it a misdemeanor to incur a bill on any motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer without the consent of the owner; reserving certain legal rights and remedies to lien claimants, owners, and others; and repealing all acts and parts of acts in conflict herewith, and particularly repealing an act entitled An act for the better protection of motor-vehicle dealers, garage keepers, and automobile repairmen, and giving them a lien on motor vehicles for supplies, accessories, repairs, and labor, and making it a misdemeanor to incur a bill on a motor vehicle without the consent of the owner, approved March 24, 1917, being sections 3772 to 3779, both inclusive, of the N. C. L. 1929, as approved March 13, 1943. Sec. 2. Section 1 of the above-entitled act, being chapter 95 of the 1943 Statutes of Nevada, is amended so as to read as follows: Section 1. That any person or persons, company or corporation engaged in the business of buying or selling automobiles or aeroplanes, or keeping a garage or airport, or place for the storage, maintenance, keeping, or repair of motor vehicles or aeroplanes, motorcycles, motor or aeroplane equipment, or trailers, and who in connection therewith stores, maintains, keeps, or repairs any motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, or furnishes accessories, or other supplies therefor, at the request or with the consent of the owner or its or his representatives, has a lien upon such motor-vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, or any part or parts thereof for the sum due for such storing, maintaining, keeping, or repairing of such motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, or for labor, furnished thereon, or for furnishing accessories or other supplies therefor, and for all costs incurred in enforcing such lien, and may, without process of law, detain such motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, at any time it is lawfully in his possession until such sum is paid. Sec. 3. Section 2 of the above-entitled act is amended so as to read as follows: Section 2. Any person or persons, company or corporation, acquiring a lien under the provisions of section one of this act shall not lose such lien by reason of allowing the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, or part or parts of the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, to be removed from control of the person or persons, company or corporations having such lien, and, in case a motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, or part or parts thereof, are so removed, the person or persons, company or corporation, having such lien may, without further process of law, seize the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, or part or parts thereof, wherever the same is or are found within the State of Nevada. |
Amendment of title
Storing of autos, aeroplanes, repairing, etc., subject to lien, when
Rights of lien holders |
κ1945 Statutes of Nevada, Page 360 (CHAPTER 211, SB 128)κ
|
Rights of lien holders
When liens secondary
Lien not to impair creditor against debtor oblicaitons
How lien may be satisfied
What notice shall contain |
motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, or part or parts of the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, to be removed from control of the person or persons, company or corporations having such lien, and, in case a motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, or part or parts thereof, are so removed, the person or persons, company or corporation, having such lien may, without further process of law, seize the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, or part or parts thereof, wherever the same is or are found within the State of Nevada. Sec. 4. Section 3 of the above-entitled act is amended so as to read as follows: Section 3. Any lien or liens so acquired shall be secondary liens or lien when the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer in question is sold or leased on a conditional sales agreement, or recorded lease or mortgage. Sec. 5. Section 4 of the above-entitled act is amended so as to read as follows: Section 4. The lien hereby created shall not deprive such motor vehicle or aeroplane dealer, garage or airport keeper, or automobile or aeroplane repairman, of any remedy allowed by law to a creditor against his debtor, from the collection of all charges and advances which he has made in connection with any work or services, or supplies or accessories furnished, on or about any motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer pursuant to an expressed or implied contract between such motor vehicle or aeroplane dealer, garageman, garage or airport keeper, or automobile or aeroplane repairman, and the owner, or the representative of the owner of such motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer. Sec. 6. Section 5 of the above-entitled act is amended so as to read as follows: Section 5. The lien herein created may be satisfied as follows: The motor vehicle or aeroplane, dealer, garage or airport keeper, or automobile or aeroplane repairman, shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, supplies, or accessories were made, done, or given, and to any other person known to have, or to claim, an interest in the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, upon which the lien is assessed. Such notice shall be given by delivery in person or by registered letter addressed to the last-known place of business, or abode, of the person or persons to be notified, and if no address is known then addressed to such person, or persons, at the place wherein the lien claimant has his place of business. |
κ1945 Statutes of Nevada, Page 361 (CHAPTER 211, SB 128)κ
|
persons, at the place wherein the lien claimant has his place of business. The notice shall contain: (a) An itemized statement of the claim, showing the sum due at the time of the notice and the date or dates when it became due. (b) A brief description of the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer against which the lien exists. (c) A demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue, shall be paid on or before a day mentioned, not less than ten days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail; and (d) A statement that unless the claim is paid within the time specified the said motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, will be advertised for sale, and sold by auction at a specified time and place. In accordance with the terms of a notice so given, a sale by auction may be had to satisfy any valid claim which has become a lien on the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer. The sale shall be had in the place where the lien was acquired, or, if such place is manifestly unsuitable for the purpose, at the nearest suitable place. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, to be sold, and stating the name of the owner or person on whose account the same are held, and the time and place of the sale, shall be published once a week for two consecutive weeks, being three successive weekly issues, in a newspaper published in the place where such sale is to be held. The sale shall not be held less than fifteen days from the time of the first publication. If there is no newspaper published in such place, the advertisement shall be posted at least ten days before such sale in not less than six conspicuous places therein. From the proceeds of such sale the motor vehicle or aeroplane dealer, garage or airport keeper, or automobile or aeroplane repairman, furnishing services, labor, accessories, or supplies, shall satisfy his lien, including the reasonable charges of notice, advertisement, and sale. The balance, if any, of such proceeds shall be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer. At any time before the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer are so sold, any person claiming a right of property or possession therein may pay the lien holder the amount necessary to satisfy his lien and to pay the reasonable expenses, and liabilities incurred in serving notices and advertising and preparing for the sale up to the time of such payment. |
What notice shall contain
Auction sale to satisfy claim
Notice of sale to be advertised
Disposition of proceeds |
κ1945 Statutes of Nevada, Page 362 (CHAPTER 211, SB 128)κ
|
Lien may be satisfied before sale
Other remedies not precluded
Release of lien holder
Validity of lien may be contested; proviso
What constitutes misdemeanor
Punishment |
any person claiming a right of property or possession therein may pay the lien holder the amount necessary to satisfy his lien and to pay the reasonable expenses, and liabilities incurred in serving notices and advertising and preparing for the sale up to the time of such payment. The lien holder shall deliver the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, to the person making such payment if he is a person entitled to the possession of the same on payment of the charges thereon. Sec. 7. The remedy for enforcing the lien herein provided does not preclude any other remedies allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the lien holders claim as shall not be paid by the proceeds of the sale of the property. Sec. 8. Section 7 of the above-entitled act is amended so as to read as follows: Section 7. After goods have been lawfully sold to satisfy the lien herein created the lien holder shall not thereafter be liable for failure to deliver the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, to the owner or claimant. Sec. 9. Section 8 of the above-entitled act is amended so as to read as follows: Section 8. Nothing in this act contained shall preclude the owner of any motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, or preclude any other person having an interest or equity in and to the same, from contesting the validity of such lien, and for this purpose all legal rights and remedies that such person would now have are reserved to and retained by him; provided, however, that after such sale has been made to an innocent third party the lien claimant shall be solely responsible for loss or damage occasioned the owner, or any other person having an interest or equity in the property, by reason of the invalidity of the lien, or by reason of failure of the lien claimant to proceed in the manner herein provided. Sec. 10. Section 9 of the above-entitled act is amended so as to read as follows: Section 9. Any person or persons incurring a bill upon a motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, without the authority of the owner thereof, or by misrepresentation, shall be guilty of a misdemeanor. Sec. 11. Punishment for such misdemeanor shall be a fine of not more than one hundred ($100) dollars, or thirty (30) days in the county jail, or both, at the discretion of the court. |
κ1945 Statutes of Nevada, Page 363 (CHAPTER 211, SB 128)κ
|
Sec. 12. All acts or parts of acts in conflict herewith including that certain act entitled An act for the better protection of motor vehicle dealers, garage keepers, and automobile repairmen, and giving them a lien on motor vehicles for supplies, accessories, repairs, and labor, and making it a misdemeanor to incur a bill on a motor vehicle without the consent of the owner, approved March 24, 1917, and being sections 3772 to 3779, both inclusive, N. C. L. 1929, are hereby repealed. Sec. 13. This act shall become effective immediately upon its passage and approval. |
Repeal of certain act
In effect |
________
|
[Assembly Bill No. 23Mr. Thompson]
Chap. 212An Act providing for the creation of a state merit system of personnel administration for the Nevada employment security department, the Nevada state department of health, and the divisions of child welfare service and of old-age assistance within the Nevada state welfare department; providing for the appointment of a state merit board and a merit system supervisor; transferring certain funds, records, equipment, and employees to the state merit board; outlining the duties and authority of the state merit board and of the officers and employees of the board; providing for the selection of personnel on the basis of merit; providing for appeals and establishing rules of evidence; creating a fund from moneys made available to the board by the Nevada employment security department, the Nevada state department of health, and the divisions of child welfare service and old-age assistance within the Nevada state welfare department, and authorizing expenditures from that fund for administrative purposes.
[Approved March 26, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Definitions. As used in this act- (a) State Merit System means the state merit system of personnel administration, created for the purpose of insuring the impartial selection of personnel on the basis of merit, for the Nevada employment security department, the Nevada state department of health and the divisions of child welfare service and of old-age assistance within the Nevada state welfare department. (b) Board means the state merit board. (c) Agencies means the Nevada employment security department, the state department of health and the divisions of child welfare service and of old-age assistance within the Nevada state welfare department. |
Definitions |
κ1945 Statutes of Nevada, Page 364 (CHAPTER 212, AB 23)κ
|
Appointment of board
Transfer
Duties of the board |
department, the state department of health and the divisions of child welfare service and of old-age assistance within the Nevada state welfare department. Sec. 2. Appointment of Board. The governor shall appoint a board composed of three members who shall be public-spirited persons of recognized standing and of known interest in the betterment of public administration. The term of office of each member shall be four years, except that the terms of the members first taking office shall be two, three, and four years, respectively, as designated by the governor at the time of appointment, and except that vacancies shall be filled by the governor for unexpired terms. The governor may remove any member for cause. No member of the board shall have held a partisan political office or have been an officer in a political organization, or an employee of the agencies within the year immediately preceding his appointment, nor shall he hold such an office or employment during his term as a member of the board. The members of said board shall be paid at the rate of ten ($10) dollars per diem of actual service, plus necessary expenses. The board shall elect a chairman from its membership and shall designate a recording secretary, whose duty it shall be to keep a record of the proceedings of the meetings. Regular meetings of the board shall be held quarterly. Special meetings may be held as often as necessary at the call of the chairman. Sec. 3. Transfer. The functions heretofore exercised by the merit examination board established under the employment security administration law (Stats. 1941, chapter 59) from and after the effective date hereof, shall be exercised by the state merit board. All funds, accounts, records, papers, files, registers, and equipment of whatsoever description, made available or belonging to, or utilized by, said merit examination board, are hereby transferred and made available to, and shall become a part of, the state merit system under the state merit board. All personnel employed by said merit examination board are hereby transferred to said state merit board, without other change in their status or compensation under the merit system. Sec. 4. Duties of the Board. The board shall provide for the holding of examinations to determine the qualifications of applicants for the positions classified by the agencies, and shall establish lists of candidates eligible for the positions in the order of their ratings as determined by the examinations. In establishing such lists of eligible candidates the board shall establish a preference for persons who have served in the armed forces of the United States and received discharges, other than dishonorable, from such service, and for their widows, on the basis of points, and shall allow any such discharged veteran or the widow of such a veteran a preference of five points; provided, that if the veteran be disabled, he shall receive a preference of ten points. |
κ1945 Statutes of Nevada, Page 365 (CHAPTER 212, AB 23)κ
|
allow any such discharged veteran or the widow of such a veteran a preference of five points; provided, that if the veteran be disabled, he shall receive a preference of ten points. Such points shall be added to the passing grade achieved by the candidate upon examination, and the grade so established shall be used in determining the position of the candidate upon the list. The board shall determine its own organization in accordance with the provisions of this act. The board shall appoint from eligible lists a merit system supervisor and such other personnel as the board deems necessary for the effective administration of this act. The board shall adopt procedures in accordance with the provisions of this act and as may be required by the joint regulations of the several agencies. The board shall have the power and authority to establish rules and regulations for the holding of merit examinations and the hearing of personnel appeals, to hear such appeals, or to establish impartial bodies to conduct such hearings when any member of the board is disqualified, or for other reasons. The board shall prepare and submit to the agencies for approval a budget covering all costs of the merit system administration. The board shall prepare and submit to the governor an annual report covering the operations of the merit system, including the conduct of examinations, the establishment of registers, certifications from registers, promotions, salary advancements, dismissals, demotions and separations, and the maintenance of the classification and compensation plans of the agencies. A copy of this report shall be filed with each agency. Sec. 5. Merit System Supervisor. The merit system supervisor shall conduct the preparation, the examination and the scoring of examinations in conformity with the rules and regulations established by the board, and he shall supervise the preparation, custody, and maintenance of registers of eligibles; the determination of availability of eligibles for appointment; the certifications for appointments; the determination of the adequacy of existing registers; and have such other duties as may be prescribed by the board. Sec. 6. Appeals. The board shall afford the right of appeal to all candidates for positions and all employees from the decisions of the merit system supervisor. Such appeals shall be filed with the board within thirty (30) days following the notification to the individual concerned, and shall be in accordance with such procedures as may be established by regulation. Sec. 7. Appeal to Courts. Any decision of the board in the absence of an appeal therefrom as herein provided shall become final ten days after the date of notification or mailing thereof, and judicial review thereof shall be permitted only after any party claiming to be aggrieved thereby has exhausted his administrative remedies as provided by this act. |
Duties of the board
Merit system supervisor
Appeals |
κ1945 Statutes of Nevada, Page 366 (CHAPTER 212, AB 23)κ
|
Appeal to courts
Court review
Oaths and witnesses
Special Fund |
the absence of an appeal therefrom as herein provided shall become final ten days after the date of notification or mailing thereof, and judicial review thereof shall be permitted only after any party claiming to be aggrieved thereby has exhausted his administrative remedies as provided by this act. The board shall be deemed to be a party to any judicial action involving any such decision, and may be represented in any such judicial action by any qualified attorney employed by it and designated by it for that purpose, or at the boards request by the attorney-general. Sec. 8. Court Review. Within ten days after the decision of the board has become final, any party aggrieved thereby may secure judicial review thereof by commencing an action in the district court of the county in which the aggrieved party resides. With its answer, the board shall certify and file with said court all documents and papers and a transcript of all testimony taken in the matter, together with the boards findings of fact and decision therein. Upon the final determination of such judicial proceeding the board shall enter an order in accordance with such determination. Sec. 9. Oaths and Witnesses. In the discharge of the duties imposed by this act, as an appeals tribunal, the board, and any duly authorized representative, shall have the power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpenas to compel the attendance of witnesses and the production of correspondence, memoranda, and other records deemed necessary as evidence in connection with an appeal. Sec. 10. Special Fund. There is hereby created in the state treasury a special fund to be known as the merit system administration fund. All moneys which are deposited or paid into this fund are hereby appropriated and made available to the board. All moneys in this fund shall be expended solely for the purpose of defraying the costs of the administration of this act, and for no other purpose whatsoever. The fund shall consist of all moneys received by the board from the Nevada employment security department, the Nevada state department of health, and the divisions of child welfare service and of old-age assistance within the Nevada state welfare department, and all moneys received from the United States of America or any agency thereof. All moneys in this fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as is provided by law for other special funds in the state treasury. Any balances in this fund shall not lapse at any time, but shall be continuously available to the board of expenditure consistent with this act. Moneys in this fund shall not be commingled with other state funds, but shall be maintained in a separate account on the books of the depositary. |
κ1945 Statutes of Nevada, Page 367 (CHAPTER 212, AB 23)κ
|
shall be maintained in a separate account on the books of the depositary. Sec. 11. Discontinuance of Fund. If, for any cause, the functions of the board shall become inoperative, the provisions of this act, by virtue of that fact, shall likewise become inoperative, and any unappropriated funds in the merit system administration fund shall be returned to the source from which it was received. Sec. 12. Fiscal Functions Delegated. The fiscal functions in connection with the administration of the merit system shall be delegated by the board to one of the several agencies. It shall be the duty of the agency so delegated to perform all of the necessary fiscal duties, keep the necessary accounts, and make such reports as may be required by the board. Sec. 13. State-Federal Cooperation. The board is authorized to enter into or cooperate in such arrangements with the federal government and with any other state government as it deems necessary or appropriate to facilitate the administration of this act. Sec. 14. Separability of Provisions. If any provision of this act, or the application thereof to any person or circumstances, is held invalid, the remainder of this act, and the application of such provision to other persons or circumstances, shall not be affected thereby. Sec. 15. Effective Date. This act shall be in full force and effect on and after its passage and approval. |
Discontinuance of fund
Fiscal functions delegated
State-Federal cooperation
Separability of provisions
In effect |
________
|
[Assembly Bill No. 74Mr. Jepson]
Chap. 213An Act to amend an act entitled An act to amend the title of and to amend an act entitled An act to regulate the practice of optometry and for the appointment of a board of examiners in the matter of said regulation, approved March 17, 1913, together with all acts amendatory thereof or supplemental thereto, approved March 16, 1939, by adding thereto a new section, to be designated as section 18.
[Approved March 26, 1945]
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 thereto a new section, designated as section 18, which said section shall read as follows: Section 18. Said board shall have the power to revoke any certificate granted by it under this act for fraud, conviction of crime, unprofessional and unethical conduct, habitual drunkenness, exorbitant charges, false representation of goods, gross incompetency, contagious disease, and any violation of this act; provided, that before any certificate shall be revoked the holder thereof shall have notice in writing of such charges against him, and at a day specified in said notice, at least ten days after the service thereof, he be given a public hearing and have opportunity to produce testimony in his behalf and confront the witnesses against him. |
|
κ1945 Statutes of Nevada, Page 368 (CHAPTER 213, AB 74)κ
|
Board may revoke certificate; proviso
Unprofessional and unethical acts defined
Repeal
In effect |
certificate granted by it under this act for fraud, conviction of crime, unprofessional and unethical conduct, habitual drunkenness, exorbitant charges, false representation of goods, gross incompetency, contagious disease, and any violation of this act; provided, that before any certificate shall be revoked the holder thereof shall have notice in writing of such charges against him, and at a day specified in said notice, at least ten days after the service thereof, he be given a public hearing and have opportunity to produce testimony in his behalf and confront the witnesses against him. The board may, after the expiration of the period of three months after the date of such revocation, entertain application for the reissuance of such revoked certificate, and may in its discretion reissue such certificates. The following acts shall be deemed by said board as unprofessional and unethical conduct: (a) The employment by a licensed optometrist of any person to solicit from house to house the sale of lenses, frames, spectacles, or optometric services or examinations; (b) For any person or persons to make a house to house canvass, either in person or through solicitors, for the purpose of selling, advertising, or soliciting the sale of spectacles, eyeglasses, lenses, frames, mountings, eye examinations, or optometric services; (c) The acceptance of employment either directly or indirectly, by a licensed optometrist from an unlicensed optometrist or person engaged in any profession or business or owning or operating any profession or business to assist it, him, or them in practicing optometry in this state; (d) For any licensed optometrist to publish or circulate, directly or indirectly, any fraudulent, false or misleading statement as to the skill or method of practice of himself or of any other licensed optometrist, or to advertise in any manner that will tend to deceive, mislead, or defraud the public, or to fraudulently advertise, either directly or indirectly, free optometric service or examination as an inducement to the public to procure optometrical services, or to fraudulently advertise, directly or indirectly, any amount as a fee for his professional services, or any definite amount, or any definite terms for materials or services; Sec. 2. Section 13 of the above-entitled act, being section 4977 N. C. L. 1929, is hereby repealed. Sec. 3. This act shall be in full force and effect from and after its passage and approval. |
________
κ1945 Statutes of Nevada, Page 369κ
|
[Assembly Bill No. 92Mr. Jepson]
Chap. 214An Act to amend An act to regulate the practice of chiropody, and provide for the requirements for a certificate to practice same, approved March 14, 1917, as amended.
[Approved March 26, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act, being section 1070 of Nevada Compiled Laws of 1929, as amended, is hereby amended to read as follows: Section 1. For the purpose of this act chiropody (sometimes called podiatry) is defined to be the diagnosis and the medical, surgical, mechanical, manipulative, and electrical treatment of all ailments of the human foot and leg not in connection with the practice of another licensed profession, excepting amputation of the foot or leg or the administration of an anesthetic other than local. The following shall be an explanation of the terms defining chiropody: Diagnosis shall mean to ascertain a disease or ailment by its general symptoms. Medical treatment shall mean the application to or prescription for the foot or leg of medicines, pads, adhesives, felt, plasters, or any medicinal agency. Surgical treatment shall mean the use of any cutting instrument to treat a disease, ailment, or condition. Mechanical treatment shall mean application of any mechanical appliance made of steel, leather, felt, or any material, to the foot or leg or in the shoe for the purpose of treating any disease, deformity or ailment. Manipulative treatment shall mean the use of the hand or machinery in the operation or working upon the foot or leg and its articulations. Electrical treatment shall mean the administration of electricity to the foot or leg by means of electrodes, machinery, rays, and the like. Provided, that nothing in this act shall prohibit the manufacture, recommendation, advertising, demonstration, or sale of arch-support shoes, foot appliances, or remedies by retail dealers; and provided further, that any diagnosis or treatment by any person not receiving direct compensation therefor shall not come under the provisions of this act. Sec. 2. Section 3 of the above-entitled act, being section 1072 of the Nevada Compiled laws of 1929, is hereby amended to read as follows: Section 3. A fee of twenty-five ($25) dollars shall be charged for filing the application, which must be filed with the clerk or secretary of the board of medical examiners at least two weeks previous to the date of examination. |
Definition of chiropody
Definitions of terms
Proviso
Fee for examination |
κ1945 Statutes of Nevada, Page 370 (CHAPTER 214, AB 92)κ
|
Repeal
In effect |
Sec. 3. All acts and parts of acts insofar as they are inconsistent with the provisions of this act are hereby repealed. Sec. 4. This act shall become effective immediately upon its passage and approval. |
________
|
White or Irish potato seed to be inspected
Repeal
In effect |
[Assembly Bill No. 96Mr. Munk]
Chap. 215An Act to amend An act regulating the sale of agricultural seeds; designating the state quarantine officer as the administrator of this act, and defining his powers and duties; defining agricultural seeds, noxious weeds, weed seeds, diseases, and labels; setting certain standards of purity and germination for agricultural seeds and providing for the testing thereof; making an appropriation for carrying out the provisions of this act, providing penalties for the violation thereof, and other matters properly relating thereto, approved March 29, 1929.
[Approved March 26, 1945]
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 the addition of a new section to be known as section 6 1/2. Section 6 1/2. Any person or persons importing any white or Irish potatoes intended for seed purposes into the State of Nevada shall, within twenty-four (24) hours after the receipt of said potatoes, notify the state quarantine officer of the arrival of said potatoes and hold same at his place of business or at the point of receiving the same until said potatoes shall have been inspected and released by the state quarantine officer. If, upon inspection by the state quarantine officer, he shall find that said potatoes are infected with bacterial ring rot, or other potato diseases in amounts in excess of that allowed under the standards set for Nevada certified potatoes, said potatoes shall not be released for planting in the State of Nevada, but shall be disposed of for nonseed purposes in a manner approved by the state quarantine officer. If said seed potatoes shall be found free form bacterial ring rot, or other potato diseases are not present in excess of that allowed under the standards set for Nevada certified seed potatoes, the state quarantine officer shall release the potatoes concerned. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective immediately after its passage and approval. |
________
κ1945 Statutes of Nevada, Page 371κ
|
[Assembly Bill No. 178Committee on Ways and Means]
Chap. 216An Act to amend an act entitled An act to provide revenue for the support of the government of the State of Nevada; to control, license, and regulate the importation and sale of wines, beers, and intoxicating liquors into and within the State of Nevada; to provide for the issuance of importers and wholesalers licenses; to impose a stamp tax on the sale of such wines, beers, and intoxicating liquors; to provide for state licenses, designating the type of licenses to be issued, the fee for such licenses, and persons to pay the same, the manner of collection thereof, and prescribing the duties to be performed by state and county officials in connection therewith; the disposition and apportionment of the funds derived therefrom; and all other matters relating thereto; to provide penalties for the violation thereof; and to repeal all acts and parts of acts in conflict herewith, approved March 30, 1935, as the same has been amended, and to amend the title of said act; imposing an excise tax upon the privilege of importing, possessing, storing, or selling liquor; providing for the collection of the same; defining the word liquor and other terms in this act; to provide penalties for the violation hereof; and other matters relating thereto, and to repeal all acts and parts of acts in conflict herewith.
[Approved March 26, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The act approved March 30, 1935 (as amended) referred to in the title of this act, is amended in the title thereto so that said title shall read as follows: An Act to provide revenue for the support of the government of the State of Nevada; to control, license, and regulate the importation and sale of wines, beers, and intoxicating liquors into and within the State of Nevada; to provide for the issuance of importers and wholesalers licenses; to provide for state licenses, designating the type of licenses to be issued, the fee for such licenses, and persons to pay the same, the manner of collection thereof, and prescribing the duties to be performed by state and county officials in connection therewith; the disposition and apportionment of the funds derived therefrom; and all other matters relating thereto; imposing an excise tax upon the privilege of importing, possessing, storing, or selling liquor; providing for the collection of the same; defining the word liquor and other terms in this act; to provide penalties for the violation thereof; and to repeal all acts and parts of acts in conflict herewith. |
Title of act amended |
κ1945 Statutes of Nevada, Page 372 (CHAPTER 216, AB 178)κ
|
Definitions |
Sec. 2. Section 1 of the above-entitled act is hereby amended to read as follows: Section 1. Definitions, as used in this act: (a) Wine means any alcoholic beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar. (b) Beer means any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar product, or any combination thereof in water. (c) Liquor means beer, wine, gin, whisky, cordials, ethyl alcohol, or rum, and every liquid or solid, patented or not, containing one-half of one percent or more of alcohol by volume and which is used for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor shall not be construed to be beer or wine. (d) Package or original package means any container or receptacle used for holding liquor, which container or receptacle is corked or sealed. Corked or sealed means closed with any stub, stopper, or cap whether made of cork, wood, glass or metal, or any other substance, and includes boxes, cans, cases, or kegs. (e) To sell or sale means and includes any of the following: To exchange, barter, possess, or traffic in; to solicit or receive an order for; to keep or expose for sale; to serve with meals; to deliver for value or in anyway other than gratuitously; to peddle; to possess with intent to sell; to possess or transport in contravention of this act; to traffic in for any consideration, promised or obtained directly or indirectly; to procure or allow to be procured for any reason. (f) Retail liquor store means an establishment where beers, wines, and liquors in original packages, or by the drink, is sold, but in quantities of nor more than four and nine-tenths (4 9/10) gallons at one time. (g) Wholesale dealer means a person licensed to sell liquor in original packages to retail liquor stores, but not to sell to the consumer or general public. (h) Person means natural person, partnership, association, company, corporation, organization or the manager, agent, servant, officer, or employee or any of them. (i) Importer means any person who, in the case of liquors where are brewed, fermented or produced outside the state, is first in possession thereof within the state after completion of the act of importation. (j) Permissible persons means any duly ordained minister who uses liquor for sacramental purposes, any doctor, apothecary, pharmaceutist, who uses alcohol for or in compounding medicine, or the representative of any school, university, hospital, clinic, or industrial concern where liquor is used and needed for industrial purposes and not for concocting beverages for drink. |
κ1945 Statutes of Nevada, Page 373 (CHAPTER 216, AB 178)κ
|
apothecary, pharmaceutist, who uses alcohol for or in compounding medicine, or the representative of any school, university, hospital, clinic, or industrial concern where liquor is used and needed for industrial purposes and not for concocting beverages for drink. (k) Commission means the Nevada Tax Commission. Sec. 3. Section 2 of the above-entitled act is hereby amended to read as follows: Section 2. (a) No person shall be an importer of liquors into the State of Nevada unless he first secures an importers license or permit from the State of Nevada as hereinafter provided. An importers license or permit shall authorize the holder thereof to be the first person in possession of such liquors within the State of Nevada after completion of the act of importation of liquors which are brewed, fermented, or produced outside of the state. It shall not authorize the sale of any type of liquors. In order to make such sales the licensee must first secure the appropriate license or licenses applicable to the class or classes of business in which he is engaged, and all permissible persons must procure a permit. (b) All importers, except permissible persons, shall keep a record of all serial numbers, identifying numbers or marks, of all cases or containers of liquor imported by them. Sec. 4. Section 5 of the above-entitled act is hereby amended to read as follows: Section 5. Application for any of the licenses hereinabove described shall be made to the county commissioners of the county in which the applicant resides or maintains his principal place of business. The application shall be made on such form as the state tax commission of the State of Nevada shall prescribe and shall include the name and address of the applicant, and if a partnership, the names and addresses of all partners, and if a corporation, association, or other organization, the names and addresses of the president, vice president, secretary, and managing officer or officers, and shall specify the location by street and number of the premises in respect to which the license is sought. The county commissioners of each county shall examine all applications filed with them as hereinabove provided, and in addition thereto shall require satisfactory evidence that the applicant is a person of good moral character. Each applicant for a wholesale wine or liquor dealers license or for a wholesale beer dealers license shall agree to establish and maintain a place of business in the State of Nevada, and must keep on hand therein at all times liquor of a wholesale value of at least one thousand ($1,000) dollars. |
Definitions
Importer of liquors to secure license
Separate license for various types of liquor
Application for license deposited with county commissioners
Agreement of applicant |
κ1945 Statutes of Nevada, Page 374 (CHAPTER 216, AB 178)κ
|
Commissioners may investigate complaints
Commissioners to render decision within ten days after hearing
Copy of decision to be sent tax commission |
of a wholesale value of at least one thousand ($1,000) dollars. Each application shall be accompanied by the annual license fee hereinafter required for the particular license for which application is made. Sec. 5. Section 9 of the above-entitled act is hereby amended to read as follows: Section 9. The county commissioners may upon their own motion and shall upon the verified complaint in writing of any person, investigate the action of any licensee hereunder, and shall have power to recommend the temporary suspension or permanent revocation of a license hereunder for any one of the following acts or omissions: (a) Misrepresentation of a material fact by the applicant in obtaining a license hereunder; or (b) If the licensee violates or causes or permits to be violated any of the provisions of this act; or (c) If the licensee commits any act which would be sufficient ground for the denial of an application for a license hereunder; or (d) If the licensee sells liquor to a wholesaler or retailer who is not a holder of a proper license or permit at such time; or (e) If the licensee fails to pay the excise tax or any penalty in connection therewith, in whole or in part, imposed by law, or violates any rule or regulation of the commission respecting the same. Sec. 6. Section 12 of the above-entitled act is hereby amended to read as follows: Section 12. Upon the hearing, the county commissioners shall hear all relevant and competent evidence offered by the complainant and by the licensee. After the hearing is concluded and the matter submitted, the county commissioners shall, within ten days after such submission, render their decision in writing recommending the suspension or revocation of the license, or dismissing the complaint, with a statement of their reasons therefor. The county commissioners shall give to the complainant and the licensee, or their respective attorneys, notice of such recommendation, by mail, in the same manner as prescribed herein for the giving of notice of hearing. A copy of the decision of the county commissioners recommending the suspension or revocation of a license shall be forthwith transmitted by the county commissioners to the state tax commission of the State of Nevada, which shall thereupon cause the said license to be suspended or revoked and shall give notice thereof in the same manner as is provided in section 10. |
κ1945 Statutes of Nevada, Page 375 (CHAPTER 216, AB 178)κ
|
Notwithstanding any other provision of this act the commission may before suspending or revoking any license, permit the licensee to appear before the county commissioners and make a showing on his behalf or in case a hearing was had may grant the licensee a hearing anew before the commission, in its discretion, if it shall be made to appear to the commission that the licensees neglect to appear before the county commissioners was excusable, or that the decision of the county commissioners was arbitrary, unreasonable, or unjust. After any hearing anew before the commission, the commission shall enter a final order revoking or refusing to revoke the license affected. The commission shall have the same power respecting an original application for any license. Notwithstanding any other provision of this act the county commissioners shall have the right to summarily suspend or revoke any license in cases appearing to them to be of an aggravated and flagrant violation of law, but in all such cases the commission shall, on request, conduct a hearing covering the proceeding and evidence, if any, before the county commissioners, and any additional evidence offered by such commissioners or the licensee. Such hearing shall be had on reasonable notice of time, place, and subject matter to the licensee and county commissioners, and the commission shall without delay decide the matter by either confirming, modifying, or setting aside the action of the county commissioners. Sec. 7. Section 13 of the above-entitled act is hereby amended to read as follows: Section 13. In any investigation, proceeding, or hearing which, under the provisions of this act, the county commissioners are empowered to institute, conduct, or hold, the county commissioners shall have the power to administer oaths, certify to official acts, issue subpenas for the attendance of witnesses and the production of books, papers and records, and the commission in like proceedings before it shall have the same powers. Sec. 8. The above-entitled act is further amended by adding a new section to be known as section 14a reading as follows: Section 14a. The commission shall by regulation prescribe the form of application for and the form of certificate of compliance which shall be printed and distributed to exporters of liquor into this state to assist them in legally exporting liquor into this state. Any intending importer may not legally receive or accept any such shipment except from a holder of a certificate of compliance. Any shipment of liquor which cannot be received or accepted by the consignee for any reason in law shall be seized by the commission or its agents and held subject to the order of the shipper for its return at the shippers expenses, and if it is not recovered by the shipper it shall be sold at public auction to any qualified importer in this state. |
Tax commission may hold hearing
Decision of county commissioners subject to review by tax commission
Powers of county commissioners and tax commission at hearing
Tax commission to prescribe form of application and certificate of compliance |
κ1945 Statutes of Nevada, Page 376 (CHAPTER 216, AB 178)κ
|
Form for permissible persons certificate
Right of visitation and information
Schedule of license fees
License fees due Jan. 1 |
of liquor which cannot be received or accepted by the consignee for any reason in law shall be seized by the commission or its agents and held subject to the order of the shipper for its return at the shippers expenses, and if it is not recovered by the shipper it shall be sold at public auction to any qualified importer in this state. The proceeds of such sale shall be remitted to the shipper, less any costs or outlays chargeable, or a lien, upon the shipment. The commission shall by regulation prescribe the form of and conditions for obtaining a permissible persons certificate which shall be printed and distributed on request to any person or representative of any institution, school, hospital, church, desiring to import liquor for industrial, medical, scientific, or sacramental purposes. Shipments to permissible persons shall be subject to the regulations mentioned in this section respecting certificates of compliance. Sec. 9. The above-entitled act is further amended by adding a new section to be known as section 14b reading as follows: Section 14b. The commission, its agents, and all peace officers and revenue-collecting officers of this state shall have the right of visitation and inspection of any place where they may have reason to believe liquor is stored, warehoused, or kept for sale, in order to obtain evidence of any violation of this act. Such visitation and inspection shall be conducted during business hours and no domicile shall be searched except by virtue of a search warrant. All persons obtaining liquor under any permit and all retail liquor dealers shall preserve for inspection by the commission and its agents for a period of two years all invoices and lists of liquors purchased or received specifying kind and quantity of liquor, names of persons from whom received, place and date. Sec. 10. Section 15 of the above-entitled act is hereby amended to read as follows: Section 15. The following is a schedule of fees to be charged for the licenses hereabove described:
Importers wine, beer and liquor license....................................................... ......................................................................................................... $500.00 Importers beer license.................................................................................... ........................................................................................................... 150.00 Wholesale wine, beer and liquor license...................................................... ........................................................................................................... 250.00 Wholesale beer dealers license..................................................................... ............................................................................................................. 75.00 Wine manufacturers and wine wholesalers, whose product is derived entirely from Nevada-grown grapes, license......................................... ............................................................................................................. 15.00 Special permit of conveyance......................................................................... ............................................................................................................... 1.00
All license or permit fees are due and payable on the first day of January of each year. If not paid by the fifteenth day of January of each year the license shall be automatically canceled. |
κ1945 Statutes of Nevada, Page 377 (CHAPTER 216, AB 178)κ
|
day of January of each year the license shall be automatically canceled. If any license is issued at any time during the year other than by the fifteenth of January, the fees shall be for that proportionate part of the year that it will be in effect, which in any event, however, shall be for not less than one quarter of a year. No license shall be dated other than on the first day of the month in which it is granted. Sec. 11. Section 16 of the above-entitled act is hereby amended by substituting a new section therefor reading as follows: Section 16. No person shall directly or indirectly, himself or by his clerk, agent, or employee offer, keep or possess for sale, furnish or sell, or solicit the purchase or sale of any liquor in this state, or transport or import or cause to be transported or imported any liquor in or into this state for delivery, storage, use or sale therein unless such person shall have fully complied with the provisions of this act, and shall be a holder of an appropriate valid license, permit, or certificate issued by the commission. Sec. 12. Section 17 of the above-entitled act is hereby amended to read as follows: Section 17. Wholesale dealers licenses shall permit the holders thereof to sell liquor to wholesalers or retailers only anywhere in Nevada. Importers licenses shall permit the holders thereof to import liquor to the place specified therein and to no other place. No retailer or retail liquor dealer shall purchase any liquor from other than a state licensed wholesaler. Nothing in this act shall be deemed to prohibit any county, city, or town in Nevada from requiring an importer or seller of liquor to obtain a local license before engaging in such business. (a) Nothing in this act shall terminate any license, heretofore issued, before midnight December 31, 1945. Any person licensed under any prior law may request that his license be terminated June 30, 1945, and that a refund be made to him for the unexpired term of his license. The commission is empowered to recommend any such refund or adjustment, to carry on the intent of this act, but any refunds shall be paid out of the general fund in the same manner as other claims against the state are paid. All persons required by existing law to affix liquor stamps to packages containing liquor shall do so with respect to all liquor on hand up to midnight June 30, 1945. Thereafter all unaffixed and unmutilated liquor stamps shall be receipted for at face value by the sheriff or other proper officer to the person from whom they are delivered or surrendered and the holder of such receipt shall have a claim for the face value thereof. |
May pay proportionate part
Unlawful to deal in liquor without license, permit or certificate
Wholesale dealers license Importers license
May impose license tax
Termination of license
Termination of license may be requested
Cessation of liquor stamps |
κ1945 Statutes of Nevada, Page 378 (CHAPTER 216, AB 178)κ
|
Importers to take inventory
Commission to make and provide forms
Duties of carriers |
officer to the person from whom they are delivered or surrendered and the holder of such receipt shall have a claim for the face value thereof. To facilitate the enforcement of this section all licensed importers in this state shall take a complete inventory, subject to confirmation by the commission and its agents, of all liquor in their possession or ownership and proper liquor stamps shall be affixed to each package thereof before opening for business after 12:01 a. m. July 1, 1945; provided, however, that an inventory and affixing of stamps may be made not more than fifteen (15) days before July 1, 1945, and be followed by a supplemental inventory and action for the remaining period. Sec. 13. Section 18 of the above-entitled act is hereby amended by substituting therefor a new section reading as follows: Section 18. The commission shall make rules and provide forms for distribution free of charge to all persons qualified as importers of liquor to be filled out by exporters and carriers of liquor consigned to points in this state as evidence for consideration respecting the legality of such transactions. Every common carrier, contract carrier regularly operating as such, and carrier by special permit shall have with his or its agent or servant in immediate charge or in the records of the carrier of every shipment of liquor into this state a statement or freight bill showing the names of consignor, consignee and carrier, the date when and place where the shipment was received, the designation, the number identifying the railroad car, truck or other conveyance used and the quantity and kind of liquor in the shipment as the case may be according to the designation of kind and quantity of liquor appearing on the shipment. The commission may make rules requiring the carrier to cause the consignee to sign a statement or a postcard, which statement or postcard shall be furnished by the commission to the carrier without expense, for receipt of each such shipment before the carrier permits the consignee to remove any such shipment from the point of destination or possession of the carrier and to cause the carrier to forward such statement or postcard to the commission after having been so signed by the consignee. No liquor shall be imported into this state except by common carrier, contract carrier regularly operating as such, or carrier having a special permit so to do in the case of each shipment. Any person violating any of the provisions of this section or any of the rules made by the commission in respect thereto shall on conviction be punished as for a misdemeanor. |
κ1945 Statutes of Nevada, Page 379 (CHAPTER 216, AB 178)κ
|
misdemeanor. In addition any shipment of liquor transported into Nevada by an unauthorized carrier shall be confiscated and sold at auction to the highest bidder among the licensed importers in this state. If there is no such bidder the liquor shall be either destroyed or disposed of as the commission may see fit. The proceeds of all such sales shall be classed as revenues derived from this act. The commission may by special permit authorize the transportation of liquor within this state by means of a conveyance owned and operated by a licensed importer, or a conveyance owned and operated by another, not being a common carrier or a regularly operating contract carrier, and as a condition of such permit may require that a sign be carried on such conveyance in letters at least three inches high, stating that such conveyance is carrying wholesale liquor by special permit. Such carriers by special permit shall be governed by the same rules, as to reports respecting and deliveries of import liquors, as in the case of common carriers and regularly operating contract carriers. Sec. 14. Section 19 of the above-entitled act is hereby amended by substituting a new section therefor reading as follows: Section 19. (a) All licensed importers and manufacturers of liquor in this state shall, for the privilege of importing, possessing, storing, or selling liquors, pay the excise tax herein imposed and established. If, after such tax is paid on any such liquor, satisfactory evidence is presented to the commission that not less than twenty-five (25%) percent of such imports have been actually exported and sold outside this state not in conflict with the law of the place of sale, the commission shall direct that a refund or credit of not more than twenty-five (25%) percent of the tax so paid shall be made to the taxpayer. The taxpayer shall report all such exports and report all such imports (and pay the tax on such imports) monthly, on forms and subject to regulations prescribed by the commission. (b) The commission shall make rules and regulations for determining the type and quantity of liquor actually imported and received by the importer and actually used by the importer, so as to relieve the importer from taxation on any shipments lost, stolen or damaged in transit and may require all claims in connect therewith to be sworn to and may make ratable tax adjustments, credits or refunds in the premises to effectuate the purpose of this act. It is hereby declared to be the intent of this act that no excise tax shall be imposed on liquor sold to permissible persons as herein defined, and the commission in computing the excise tax to be paid on liquor shall make rules for refunds or credits to be allowed to any importer making a satisfactory showing therefor. |
Disposition of shipments by unauthorized carrier
Issuance of special permits
Refund of excise tax under certain conditions
Commission to make rules and regulations
Permissible persons not to pay excise tax |
κ1945 Statutes of Nevada, Page 380 (CHAPTER 216, AB 178)κ
|
Rates and classifications
Licensed importer to furnish bond
Commission to prescribe forms
Liquors not subject to further tax; exception |
the excise tax to be paid on liquor shall make rules for refunds or credits to be allowed to any importer making a satisfactory showing therefor. (c) An excise tax is hereby levied and shall be collected respecting all liquor and upon the privilege of importing, possessing, storing, or selling liquor, according to the following rates and classifications: On liquor containing more than twenty-two (22%) percent of alcohol by volume, 60 cents per wine gallon or proportionate part thereof. On liquor containing more than fourteen (14%) percent and including twenty-two (22%) percent of alcohol by volume, 25 cents per wine gallon or proportionate part thereof. On liquor containing more than eight (8%) percent and including fourteen (14%) percent of alcohol by volume, 15 cents per wine gallon or proportionate part thereof. On all malt beverage liquor brewed or fermented and bottled in or outside this state, 3 cents per gallon. (d) Each licensed importer shall furnish a bond to the State of Nevada conditioned for the payment of all excise taxes due or to become due from him under the provisions of this act in a principal sum twice the greatest excise tax paid by him in any quarter of the preceding year, or if such standard be not available, then in a sum required from a licensee operating under conditions deemed comparable by the commission. The commission on application and a satisfactory showing therefor may from time to time increase or decrease the amount of bond required having consideration for the amount of importations made by the importer. The bond or undertaking shall be acceptable to and approved by the commission and a deposit of cash or negotiable United States government bonds may be accepted in lieu of an undertaking. The commission shall deposit all bonds and deposits with the state treasurer as custodian thereof. (e) The commission shall make all necessary and convenient rules prescribing the form of reports and claims made by taxpayers; the time for making such reports and settlements thereon and including rules respecting permissible persons as well as other importers. Sec. 15. Section 20 of the above-entitled act is hereby amended by substituting therefor a new section reading as follows: Section 20. Upon payment of the excise tax imposed by this act, liquors as defined in this act shall not be subject to any further tax except a general personal property tax levied by the state or any county, city, or town therein. Sec. 16. Section 21 of the above-entitled act is hereby amended by substituting therefor a new section reading as follows: |
κ1945 Statutes of Nevada, Page 381 (CHAPTER 216, AB 178)κ
|
Section 21. Five (5%) percent of the revenue derived from this act, or so much thereof as may be necessary, shall be set aside by the commission, as collected, for the payment of costs of litigation and administration incurred pursuant to the provisions of this act; provided, however, that all moneys in excess of three thousand ($3,000) dollars remaining in the amounts so set aside shall be placed in the general fund in the state treasury on June 30 of each year, together with any balances of revenues remaining in the hands of the commission over and above said three thousand ($3,000) dollars. Sec. 17. Section 22 of the above-entitled act is hereby amended by substituting therefor a new section reading as follows: Section 22. The commission is hereby charged and empowered with the duty of administrating the provisions of this act and it shall adopt and enforce all rules, regulations and standards necessary to carry out the provisions of this act. Any person violating any of the provisions of this act or knowingly violating any lawful rule of the commission made for the enforcement of its provisions shall be punished upon conviction thereof as for a misdemeanor, except as may be otherwise expressly provided in this act. Sec. 18. Section 23 of the above-entitled act is hereby amended by substituting therefor a new section reading as follows: Section 23. Each importer and wholesaler of liquor shall keep on hand at a fixed place of business in Nevada, at all times, liquor of a wholesale value of at least one thousand ($1,000) dollars and shall also keep therein a record in such form as may be recommended by the commission of all liquor received into the State of Nevada, and all liquor disposed of in said State of Nevada, together with copies of invoices and a monthly inventory of all liquor on hand on the last day of each month. All such liquor, papers and records shall be exhibited at any time during business hours, on demand, to the commission or its agents. Any person preventing, or interfering with such inspection, shall, upon conviction thereof, be punished as for a misdemeanor. Sec. 19. Section 24 of the above-entitled act is hereby amended by substituting a new section therefor reading as follows: Section 24. The commission shall grant a certificate of compliance to any out-of-state vendor of liquors who shall undertake in writing to furnish the commission on or before the 10th day of each month a report under oath showing the quantity and type of liquor sold and shipped by such vendor to each licensed importer of liquor in Nevada during the preceding month and shall undertake further that he and all agents of his, and all agencies controlled by him, will faithfully comply with all laws of this state and all rules of the commission respecting the exporting of liquor into this state. |
Five percent of revenue set aside for administration
Commission to administer acts
Violation misdemeanor
Duties of importers and wholesalers
Certificate of compliance may be granted out of state |
κ1945 Statutes of Nevada, Page 382 (CHAPTER 216, AB 178)κ
|
Certificate of compliance may be suspended
Commission to prescribe and print forms |
preceding month and shall undertake further that he and all agents of his, and all agencies controlled by him, will faithfully comply with all laws of this state and all rules of the commission respecting the exporting of liquor into this state. If any holder of a certificate of compliance shall fail to keep any undertaking or condition made or imposed in connection therewith, the commission may suspend such certificate of compliance and conduct a hearing, giving the holder thereof a reasonable opportunity to appear and be heard on the question of vacating the suspension order or finally revoking the certificate. No fee shall be charged for any certificate of compliance, but such certificate shall be renewed annually subject to the conditions of the original certificate on or before July 1 of each year. The commission shall prescribe and cause to be printed and issued free of charge all forms for applications and reports and shall issue free of charge all certificates and permits, except special permits of conveyance, and shall make rules and regulations necessary or convenient for carrying this section and this act into effect. |
________
|
Board of university regents to execute easement |
[Assembly Bill No. 216Mr. Capurro]
Chap. 217An Act authorizing and directing the board of regents of the University of Nevada to execute an easement for highway right-of-way over certain lands to the State of Nevada, department of highways, and other matters properly relating thereto.
[Approved March 26, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Upon the passage and approval of this act and for the consideration stated in section 2 of this act, it shall be the duty of the board of regents of the University of Nevada, to make, execute, and deliver a good and sufficient easement to the State of Nevada, department of highways, covering a piece or parcel of land to be used for highway right-of-way, as said highway crosses over and across certain state lands lying and being in the county of Washoe, State of Nevada; said right-of-way for state highway more particularly described as being a portion of the W 1/2 of section 1, T. 19 N., R. 19 E., M. D. B. & M.; and said right-of-way being a piece or parcel of land of varying width which lies and is within the above-described state lands, and described more fully as follows, to wit: |
κ1945 Statutes of Nevada, Page 383 (CHAPTER 217, AB 216)κ
|
Parcel 1. Beginning at a point on the right or easterly twenty (20) foot right-of-way fence opposite highway engineers station X 149 + 16.00 P. C., said point of beginning being further described as bearing S. 1° 01′ W., a distance of 3,025.39 feet from the northwest corner of section 1, T. 19 N., R. 19 E., M. D. B. & M., thence N. 0° 04′ W., a distance of 154.91 feet to a point; thence from a tangent which bears N. 28° 10′ E., curving to the right with a radius of 320 feet, through an angle of 35° 24′, a distance of 197.71 feet to a point on the present southerly twenty (20) foot right-of-way fence; thence N. 63° 34′ E., a distance of 15.00 feet more or less to a point; thence in a northeasterly direction along the present county road southerly twenty (20) foot right-of-way fence for a distance of 210 feet more or less, to a point on the right or southerly twenty (20) foot right-of-way line of the proposed highway; thence S. 63° 34′ W., a distance of 218.82 feet more or less, to a point; thence from a tangent whose bearing is the last-described course, curving to the left with a radius of 280 feet, through an angle of 63° 38′, a distance of 310.97 feet to the point of beginning; containing an area of 0.262 acres, more or less. Parcel 2. Beginning at a point on the present county road left or northerly twenty (20) foot right-of-way fence, opposite highway engineers station X 153 + 87.50 ± P. O. T., said point of beginning being further described as bearing S. 4° 26′ 25″ E., a distance of 2,681.81 feet, from the northwest corner of section 1, T. 19 N., R. 19 E., M. D. B. & M.; thence N. 63° 34′ E., a distance of 142 feet more or less to a point on the left or northerly twenty (20) foot right-of-way line of the proposed highway, opposite highway engineers station X 155 + 29.54 P. C., thence in a southwesterly direction along the present left or northerly county right-of-way fence, for a distance of 150 feet, more or less, to the point of beginning, containing an area of 0.009 acres, more or less. Sec. 2. As full payment of the above-mentioned easement for said highway right-of-way, it shall be the duty of the State of Nevada, department of highways, to cause a new standard Nevada state highway department type B-4B fence, consisting of 4 barbed wires with cedar posts spaced at 14-foot intervals, to be constructed along the right-of-way lines on the above-described parcels of land. Sec. 3. This act shall be in full force and effect from and after its passage and approval. |
Description of parcel 1
Description of parcel 2
Duty of department of highways |
________
κ1945 Statutes of Nevada, Page 384κ
|
Certain portions of hotels not to be used for sleeping quarters
Windows and outside doors to be screened
Air space and floor area of sleeping rooms |
[Assembly Bill No. 86Mr. Smith]
Chap. 218An Act to amend An act relating to hotels, defining the same, providing regulations in connection therewith, providing for the sanitation of the rooms of such hotels, providing for the sanitary method and manner of conducting such hotels, providing for the enforcement of this act, and providing a penalty for the violation thereof, approved March 15, 1915, and to further amend the said act by adding new sections thereto, to be known as sections 4a, 5a, 5b, 7a, 8a, 8b, 8c, 9a, 9b, and 12a.
[Approved March 26, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The above-entitled act shall be amended by the addition of a new section, to be known as section 4a, to read as follows: Section 4a. It is unlawful for any person to use, or to permit another person to use, any of the following portions of a hotel for living or sleeping purposes: (a) Any kitchen, cellar, hallway, water closet, bath, shower compartment, or slop sink room. (b) Any other room or place which does not comply with the provisions of this act, or in which, in the judgment of the state health officer or his duly authorized agent, living or sleeping is dangerous or prejudicial to life or health by reason of an overcrowded condition; a want of light, windows, ventilation, or drainage; dampness; or offensive, obnoxious, or poisonous odors in the room or place. Sec. 2. The above-entitled act shall be further amended by the addition of a new section, to be known as section 5a, to read as follows: Section 5a. Windows and outside doors shall be screened against flies and mosquitoes. Sec. 3. The above-entitled act shall be further amended by the addition of a new section, to be known as section 5b, to read as follows: Section 5b. No room for sleeping purposes shall have less than five hundred (500) cubic feet of air space for each occupant. The floor area of each sleeping room must be at least eighty (80) square feet and at least seven (7) feet in width. All rooms must have a ceiling height of at least eight (8) feet. Sec. 4. The above-entitled act shall be further amended by the addition of a new section, to be known as section 7a, to read as follows: Section 7a. In every hotel in existence prior to effective date of this act, at least one bathtub or shower shall be installed in a separate compartment on a public hallway or court for every 20, or fractional part of 20, guest rooms on the same floor as the hallway or court which are not provided with private baths. |
κ1945 Statutes of Nevada, Page 385 (CHAPTER 218, AB 86)κ
|
date of this act, at least one bathtub or shower shall be installed in a separate compartment on a public hallway or court for every 20, or fractional part of 20, guest rooms on the same floor as the hallway or court which are not provided with private baths. In every hotel built after the effective date of this act at least one bathtub or shower provided with hot and cold water shall be installed in a separate compartment on a public hallway or court for every 10, or fractional part of 10, guest rooms on the same floor as the hallway or court which are not provided with private baths. Sec. 5. The above-entitled act shall be further amended by the addition of a new section, to be known as section 8a, to read as follows: Section 8a. In every hotel in existence prior to effective date of this act at least one water closet for each sex shall be installed in a separate compartment on a public hallway or court. The location of water closets shall be plainly indicated by signs. If there are more than 12 guest rooms on a floor or court of a hotel in existence prior to effective date of this act, at least one water closet shall be installed in a separate compartment on a public hallway or court on the floor for every 12, or fractional part of 12, guest rooms on the floor or court which are not provided with private water closets. Sec. 6. The above-entitled act shall be further amended by the addition of a new section, to be known as section 8b, to read as follows: Section 8b. In every hotel built after the effective date of this act, any room in which a water closet, bathtub, or shower is installed must be ventilated to the outside air by means of a window of at least three square feet. In hotels built prior to the effective date of this act, without windows in the rooms containing water closets, bathtubs or showers, suitable ventilation shall be provided as required by the state health officer or his duly authorized agent. Sec. 7. The above-entitled act shall be further amended by the addition of a new section, to be known as section 8c, to read as follows: Section 8c. The state health officer or his duly authorized agent may exempt any hotel built prior to the effective date of this act from having the number of water closets, bathtubs, or showers required by this act for the following reason: The exemption will not result in detriment to the health of the occupants or to the sanitation of the building. The state health officer or his duly authorized agent has no authority under this section to exempt any hotel or portion of a hotel built after the effective date of this act from having the number of water closets, bathtubs, or showers required by this act. |
Installation of bathtubs or showers
Regulations of water closets
Ventilation of bathrooms and water closets
Exemptions under certain conditions |
κ1945 Statutes of Nevada, Page 386 (CHAPTER 218, AB 86)κ
|
Hotels to be provided with sanitary water supply
Accumulation of garbage prohibited
Failure to comply misdemeanor
State health officer to enforce act
Access to hotels at all times
Present equipment usable during duration of war; exceptions |
Sec. 8. The above-entitled act shall be further amended by the addition of a new section, to be known as section 9a, to read as follows: Section 9a. Every hotel shall be provided with a safe, sanitary water supply and there shall be no cross-connection between the water system and the sewage collecting system. All plumbing fixtures shall be constructed so there will be no possibility of back-siphonage from the plumbing fixtures into the water system. Sec. 9. The above-entitled act shall be further amended by the addition of a new section, to be known as section 9b, to read as follows: Section 9b. Every hotel shall have sanitary facilities for the storage and disposal of garbage, and no garbage or rubbish shall be permitted to accumulate and be or become a nuisance in a hotel or on the hotel premises. Sec. 10. Section 10 of the above-entitled act, being section 3346 N. C. L. 1929, shall be amended to read as follows: Section 10. Every proprietor, owner, or manager, lessee, or other person in charge of any hotel in this state who shall fail to comply with this act or any of the provisions of the regulations hereby established, whether through the acts of himself, his agent or employees, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine or not to exceed five hundred ($500) dollars, or imprisonment for not more than six months, or by both such fine and imprisonment, and every day that any hotel shall be kept in violation of any of the provisions of this act, such keeping shall constitute a separate offense. Sec. 11. Section 11 of the above-entitled act, being section 3347 N. C. L. 1929, shall be amended to read as follows: Section 11. The state health officer is hereby charged with the enforcement of this act. He shall appoint such agent or agents as he deems necessary to carry out the provisions of this act. He shall keep a record of hotels inspected, and said record or any part thereof may, in the discretion of the state health officer, be included in the biennial report to the governor. Sec. 12. Section 12 of the above-entitled act, being section 3348 N. C. L. 1929, shall be amended to read as follows: Section 12. The state health officer, or his duly authorized agent or agents, shall have access at any time to any hotel in this state for the purpose of making inspections and carrying out the provisions of this act. Section 12a. Any equipment, furnishings, bedding and other facilities or repairs or replacements of such equipment, furnishings, bedding and other facilities required by provisions of this act and found to be impossible to provide, repair, or replace due to war emergencies existing at the time of passage of this act shall not be cause for closing of any hotel or rooming house, unless in the opinion of the health officer the conditions existing or liable to exist, due to the lack of such proper equipment, furnishings, bedding and other facilities create, or would create, an extremely grave health hazard. |
κ1945 Statutes of Nevada, Page 387 (CHAPTER 218, AB 86)κ
|
the time of passage of this act shall not be cause for closing of any hotel or rooming house, unless in the opinion of the health officer the conditions existing or liable to exist, due to the lack of such proper equipment, furnishings, bedding and other facilities create, or would create, an extremely grave health hazard. At the end of said war emergencies, this section shall no longer be in effect. Sec. 13. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared severable. Sec. 14. All acts and parts of acts insofar as they are inconsistent with the provisions of this act are hereby repealed. Sec. 15. This act shall be in full force and effect from and after October 1, 1945. |
Application of act declared severable
Repeal
In effect |
________
|
[Assembly Bill No. 197Committee on Roads and Highways]
Chap. 219An Act to further amend an act entitled An act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing for official inspectors and salary and allowances therefor, providing penalties for the violation thereof and other civil actions for the recovery of license fees herein, providing for refund in certain cases, providing for the weighing of motor vehicles for license purposes by public weighmasters, and repealing all acts and parts of acts and certain acts of the legislature in conflict herewith; and other matters properly connected therewith, approved March 23, 1933, as amended, approved March 28, 1935, as amended; approved March 24, 1937, as amended; approved March 24, 1939; approved March 28, 1941.
[Approved March 26, 1945]
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, being section 4437.01, 1929 N. C. L., 1941 Supp., is amended to read as follows: |
|
κ1945 Statutes of Nevada, Page 388 (CHAPTER 219, AB 197)κ
|
Definitions of terms |
Section 2. (a) The term motor vehicle when used in this act means any automobile, automobile truck, trailer, automobile tractor, and semitrailer, motor bus, motorcycle, or any other self-propelled or motor driven vehicle, used upon any public highway of this state for the purpose of transporting persons or property. (b) The term common motor carrier of property when used in this act shall mean any person who holds himself out to the public as willing to undertake for hire to transport by motor vehicle from place to place, either upon fixed route or on-call operations, the property of all who may choose to employ him. (c) The term contract motor carrier of property when used in this act shall be construed to mean any person engaged in the transportation of property for hire for a particular person or persons to or from a particular place or places under special individual agreement or agreements and not operating as a common motor carrier of property. (d) The term private motor carrier of property when used in this act shall be construed to mean any person engaged in the transportation by motor vehicle of property sold, or to be sold, or used by him in furtherance of any private commercial enterprise, but such term shall not be construed as permitting the carriage of any property whatsoever for hire. (e) The term common motor carrier of passengers when used in this act shall be construed to mean any person who holds himself out to the public as willing to undertake for hire to transport by motor vehicle from place to place, either upon fixed route or on-call operations, passengers or passengers and light express for all who may choose to employ him. (f) The term contract motor carrier of passengers when used in this act shall be construed to mean any person engaged in the transportation of passengers for hire for a particular person or persons to or from a particular place under separate agreement or agreements and not operating as a common carrier of passengers. (g) The term motor convoy carrier when used in this act shall mean any person whether engaged in any of the carrier services hereinbefore defined, or otherwise, who drives or tows by means of another motor vehicle or other motive power or carries in another motor vehicle, or who drives a single motor vehicle, or causes to be driven, towed, or carried any motor vehicle or vehicles, or causes a single motor vehicle to be so driven, over and along the public highways of this state, when such motor vehicle or vehicles is so driven, towed or carried for the purpose of selling or offering the same for sale or exchange, or storage prior to sale, or delivery subsequent to sale, or for use in common contract or private carrier service. |
κ1945 Statutes of Nevada, Page 389 (CHAPTER 219, AB 197)κ
|
sale, or delivery subsequent to sale, or for use in common contract or private carrier service. The term person when used in this act shall be construed to mean any person, firm, association, partnership, corporation, lessee, trustee, receiver, or company engaged in or intending to engage in the operation of any motor vehicle in any of the carrier services hereinbefore defined. (h) The term public highway when used in this act shall mean every public street, road, highway, or thoroughfare of any kind used by the public, but shall not include that portion of highways under construction or reconstruction, nor any highway constructed by private individuals for the use of a private enterprise, although the same may be used occasionally by persons other than the individuals constructing such highway or who use the same in furtherance of a private enterprise; provided, no public funds are used in the maintenance of such highway in any amount whatsoever. (i) The term taxicab motor carrier when used in this act shall be construed to mean any person operating a motor vehicle or vehicles designated and/or constructed to accommodate and transport not more than five passengers in number, including the driver, and fitted with taximeters or having some other device, method, or system to indicate and determine the passenger fare charged for distance traveled; provided, that neither common motor carriers of passengers and/or contract motor carriers conducting fixed route operations as hereinbefore defined shall be considered taxicab motor carriers. (j) Every car being transported through the State of Nevada, or offered for sale within the State of Nevada, which has been convoyed, shall have displayed upon the windshield, and there shall remain upon the windshield thereof until sold, a sticker to be provided by the public service commission, without cost, which shall be in the form to be prescribed by the said public service commission. Sec. 2. Section 3 of the above-entitled act, being section 4437.02, 1929 N. C. L., 1941 Supp., is amended to read as follows: Section 3. None of the provisions of this act shall apply to any motor vehicle operated wholly within the corporate limits of any city or town in the State of Nevada; nor to United States mail carriers operating star routes when not engaged in other business as a common or contract carrier; nor to city or town draymen and private motor carriers of property operating within a five-mile radius of the limits of a city or town; nor to the transportation of livestock and/or farm products to market by the producer thereof, or such producers employee, or merchandise and/or supplies for his own use in his own motor vehicle; nor to the transportation of children to and from school, and the transportation of passengers in chartered motor vehicles on educational or sight-seeing tours; provided, however, only five such trips shall be allowed any one person during any calendar year; nor to the transportation of contractors own equipment in his own motor vehicle from job to job, nor to the transportation of ore or minerals or mining supplies in the producers own vehicle; provided, however, only one vehicle having an unladened weight not exceeding 15,000 pounds, or three vehicles whose combined unladened weight does not exceed 15,000 pounds, shall be exempted for the transportation of ore or minerals or mining supplies; nor to any person engaged in transporting his own personal property in his own motor vehicle; provided, any such person who is a private carrier of property transporting his own goods, wares, and merchandise, other than livestock or farm produce, or ore or minerals or mining supplies, in the producers own vehicle, being transported for the purpose of sale or resale, may secure a private carriers license at a rate of twenty-five ($25) dollars per annum; provided, the vehicle does not exceed 5,000 pounds unladened weight, which fee shall be the only license fee required of such person notwithstanding any other provision of this act to the contrary; provided further, only one such motor vehicle shall be permitted to be used by such person under the terms of this particular exemption, regardless of the number of his business branches located in the State of Nevada or elsewhere; and provided further, nothing in this particular clause shall be construed as applying to tractor-trucks, trailers or semitrailers but shall be deemed to apply to motor trucks and passenger cars. |
Definitions of terms
Convoyed car to have sticker
When provisions of act do not apply; provisos |
κ1945 Statutes of Nevada, Page 390 (CHAPTER 219, AB 197)κ
|
When provisions of act do not apply; provisos
Operators to procure license |
own use in his own motor vehicle; nor to the transportation of children to and from school, and the transportation of passengers in chartered motor vehicles on educational or sight-seeing tours; provided, however, only five such trips shall be allowed any one person during any calendar year; nor to the transportation of contractors own equipment in his own motor vehicle from job to job, nor to the transportation of ore or minerals or mining supplies in the producers own vehicle; provided, however, only one vehicle having an unladened weight not exceeding 15,000 pounds, or three vehicles whose combined unladened weight does not exceed 15,000 pounds, shall be exempted for the transportation of ore or minerals or mining supplies; nor to any person engaged in transporting his own personal property in his own motor vehicle; provided, any such person who is a private carrier of property transporting his own goods, wares, and merchandise, other than livestock or farm produce, or ore or minerals or mining supplies, in the producers own vehicle, being transported for the purpose of sale or resale, may secure a private carriers license at a rate of twenty-five ($25) dollars per annum; provided, the vehicle does not exceed 5,000 pounds unladened weight, which fee shall be the only license fee required of such person notwithstanding any other provision of this act to the contrary; provided further, only one such motor vehicle shall be permitted to be used by such person under the terms of this particular exemption, regardless of the number of his business branches located in the State of Nevada or elsewhere; and provided further, nothing in this particular clause shall be construed as applying to tractor-trucks, trailers or semitrailers but shall be deemed to apply to motor trucks and passenger cars. Sec. 3. Section 17 of the above-entitled act, being section 4437.16, 1929 N. C. L., 1941 Supp., is amended to read as follows: Section 17. Every person, as defined in this act, operating motor vehicles, as defined in this act, in the carriage of persons and/or property for hire, or as a private carrier, as defined in this act, shall before commencing the operation thereof and annually thereafter, secure from the public service commission of Nevada a license for each and every such motor vehicle to be operated, and make payments therefor as hereinafter provided. The license herein provided shall be secured on or before the first day of January of each year and becomes delinquent on the first day of January of each year. The license fee imposed by this act shall be reduced one-twelfth (1/12) for each month which shall have elapsed since the beginning of each year, on all motor vehicles to be licensed after the end of January of each year, except taxicabs, motor convoy carriers and private carriers of property who are eligible to secure the annual license for twenty-five ($25) dollars as provided in this act. |
κ1945 Statutes of Nevada, Page 391 (CHAPTER 219, AB 197)κ
|
of property who are eligible to secure the annual license for twenty-five ($25) dollars as provided in this act. Sec. 4. Section 18 of the above-entitled act, being section 4437.17, 1929 N. C. L., 1941 Supp., is amended to read as follows: Section 18. (1) The payments for the licenses provided in this act shall be made in accordance with the following schedule of fees: (a) For each motor vehicle defined in this act used in the carrying of passengers or passengers and light express up to five hundred (500) pounds, fifty ($50) dollars flat rate, plus ten ($10) dollars for each passenger-carrying capacity of such vehicle, up to and including ten passengers; over ten passengers fifty ($50) dollars flat rate, plus twelve ($12) dollars for each passenger-carrying capacity of such vehicle, exclusive of the driver, as rated by the manufacturer thereof; provided, each motor vehicle operated by a taxicab motor carrier as hereinbefore defined, a flat fee of twenty-five ($25) dollars only; provided further, no unladened weight license fee, hereinafter provided for, shall be assessed on passenger-carrying vehicles; (b) for each motor vehicle defined in this act, except as hereinafter provided, carrying property or both property and passengers, other than those described above in subsection (a) hereof, twenty ($20) dollars flat rate; (c) for each trailer twenty ($20) dollars flat rate; (d) for each semitrailer and automobile tractor, twenty ($20) dollars flat rate; provided, that each semitrailer and automobile tractor be deemed two operating units for the purposes of the flat rate fee and the unladened weight fee hereinafter provided for; (e) motorcycles with side car attached used in carriage of property, twenty ($20) dollars flat rate; provided, no unladened weight license fee to be assessed. (2) In addition to the foregoing flat rate, a license fee based upon the unladened weight or major fraction per one hundred pounds thereof of the motor vehicle is hereby fixed according to the following schedule of fees, and shall be paid at the same time, and in addition to the said flat rates, on all motor vehicles defined in this act, except motorcycles with side cars attached and motor vehicles used exclusively in the carrying of passengers, or passengers and light express up to five hundred (500) pounds up to and including five thousand (5,000) pounds, one and fifty one-hundredths ($1.50) dollars per one hundred (100) pounds unladened; five thousand and one (5,001) pounds and not over ten thousand (10,000) pounds, one and fifty-five one-hundredths ($1.55) dollars per one hundred (100) pounds unladened; ten thousand and one (10,001) pounds and not over eleven thousand (11,000) pounds, one and sixty one-hundredths ($1.60) dollars per one hundred (100) pounds unladened; |
Schedule of fees
Additional fees based upon unladened weight |
κ1945 Statutes of Nevada, Page 392 (CHAPTER 219, AB 197)κ
|
Additional fees based upon unladened weight |
eleven thousand and one (11,001) pounds and not over twelve thousand (12,000) pounds, one and sixty-five one-hundredths ($1.65) dollars per one hundred (100) pounds unladened; twelve thousand and one (12,001) pounds and not over thirteen thousand (13,000) pounds, one and seventy one-hundredths ($1.70) dollars per one hundred (100) pounds unladened; thirteen thousand and one (13,001) pounds and not over fourteen thousand (14,000) pounds, one and seventy-five one-hundredths ($1.75) dollars per one hundred (100) pounds unladened; fourteen thousand and one (14,001) pounds and not over fifteen thousand (15,000) pounds, one and eighty one-hundredths ($1.80) dollars per one hundred (100) pounds unladened; fifteen thousand and one (15,001) pounds and not over sixteen thousand (16,000) pounds, one and eighty-five one-hundredths ($1.85) dollars per one hundred (100) pounds unladened; sixteen thousand and one (16,001) pounds and not over seventeen thousand (17,000) pounds, one and ninety one-hundreds ($1.90) dollars per one hundred (100) pounds unladened; seventeen thousand and one (17,001) pounds and not over eighteen thousand (18,000) pounds, one and ninety-five one-hundredths ($1.95) dollars per one hundred (100) pounds unladened; eighteen thousand and one (18,001) pounds and not over nineteen thousand (19,000) pounds, two ($2) dollars per one hundred (100) pounds unladened; nineteen thousand and one (19,001) pounds and not over twenty thousand (20,000) pounds, two and ten one-hundredths ($2.10) dollars per one hundred (100) pounds unladened; twenty thousand and one (20,001) pounds and over, two and twenty-five one-hundredths ($2.25) dollars per one hundred (100) pounds unladened; provided, that such unladened weight shall be construed to mean the weight of the motor vehicle unloaded, but otherwise containing and having in place at the time of weighing each and every accessory and appliance belonging to and used on such vehicle in the transportation of passengers and/or property; (f) the weight of each motor vehicle upon which an unladened weight license fee is fixed shall be determined by actual weight thereof by the public weighmaster as hereinafter provided; provided, should any motor vehicle within the terms of this act be charged in any respect after the weighing thereof, and which said change shall increase the unladened weight thereof, the said commission may require another weighing thereof and additional fees paid thereon. Every vehicle required to be weighed by the provisions of this act shall be weighed annually at the time of the securing of the license therefor, and a certificate of the unladened weight shall accompany the application for the annual license, and also upon the commencing of operations by any person not therefore licensed under this act. |
κ1945 Statutes of Nevada, Page 393 (CHAPTER 219, AB 197)κ
|
and also upon the commencing of operations by any person not therefore licensed under this act. (3) Every motor convoy carrier as hereinbefore defined shall be required to be licensed, and the fee therefor shall be as follows: For each motor vehicle driven, towed or carried by any motor convoy carrier, or driven singly, as set forth in section 2 of this act, a flat fee of seven dollars and fifty ($7.50) cents shall be paid by the person or persons engaged in such motor convoy carriage, for which said fee the said public service commission shall issue for each motor vehicle driven, towed, carried or driven singly by such motor convoy carrier, a distinctive certificate to the effect that such motor vehicle may be driven, towed, or carried, as the case may be, over and along the public highways of this state, from the point of entry into the state, or point of origin of such carriage within the state, to the destination within the state, or to the point of department from the state; provided, no such certificate shall be transferable from the motor vehicle for which issued to any other motor vehicle whatsoever, nor transferable from the motor convoy carrier to whom issued to any other person whatsoever. Such certificate shall be effective for the uses and purposes for which issued until the sale, exchange or delivery of the motor vehicle by the motor convoy carrier to another person; provided, such certificate shall not be effective beyond the current year in which issued. No unladened weight license fee shall be assessed on any motor vehicle driven, towed or carried under the provisions of this section nor shall any license plates be issued for any such motor vehicle by the public service commission or any other state department; provided further, no registration plates, dealers plates, or any other license plates whatsoever, or any license or certificate, other than the said certificate provided in this section, issued by this or any other state, shall be deemed or construed to permit any convoying of motor vehicles as in this act defined, nor shall such certificate be deemed or construed as a license for the operation of any motor vehicle used in the carrying of the motor vehicle for which said certificate was issued or is required; provided, nothing in this act contained shall be construed to prohibit a manufacturer or dealer within this state from delivering under a manufacturers or dealers license plates at any point within or without the state any motor vehicle sold or exchanged, or to be sold or exchanged, by him that theretofore was not acquired by such manufacturer or dealer under a motor convoy carrier license. (4) And it is further provided, that taxicab motor carriers and private carriers of property who are eligible to secure the annual license for twenty-five ($25) dollars, commencing operation on and after the first day of July of each year, shall be liable for and shall pay only one-half (1/2) of the license fee provided in this section for each motor vehicle required to be licensed herein, which said license shall expire at the same time as the full-year license. |
Fees of motor convoy carrier
Half-year license issued, when |
κ1945 Statutes of Nevada, Page 394 (CHAPTER 219, AB 197)κ
|
Nonresident owner may apply for trip permit
In effect |
operation on and after the first day of July of each year, shall be liable for and shall pay only one-half (1/2) of the license fee provided in this section for each motor vehicle required to be licensed herein, which said license shall expire at the same time as the full-year license. (5) A nonresident owner or operator of a vehicle coming within the provisions of this act shall have the option in lieu of causing such vehicle to be licensed under this act and paying the annual license fees by applying for a trip permit to be issued forthwith upon payment of a fee equal to five percent (5%) of the annual license fee; provided, however, that the minimum fee for such trip shall not be less than three ($3) dollars per vehicle. Trip permits shall authorize operation over the public highways of this state for a period of not more than ninety-six (96) consecutive hours; provided further, that not more than three such permits shall be issued in any calendar year at the above rates to the same nonresident. All such trip permits shall be evidenced by stickers which shall be displayed on the windshield of the vehicle, or otherwise, as specified by the commission. Sec. 5. This act shall be effective immediately upon its passage and approval. |
________
|
Board of regents to prepare plans for classroom building Plans and estimates to be prepared in advance |
[Assembly Bill No. 234Committee on Ways and Means]
Chap. 220An Act providing for the construction, equipment, and furnishing of a new classroom building and facilities at the state University of Nevada, defining the duties of the board of regents entrusted with the government of the university, providing when the actual building program shall begin, providing an appropriation therefor out of the State of Nevada postwar reserve fund, and other matters properly related thereto.
[Approved March 26, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of regents of the state University of Nevada is hereby authorized and directed to prepare plans for the initiation of a building program at the state university to consist of the construction of a classroom building of modern design and up-to-date equipment, with proper lighting, ventilation, and heating. Sec. 2. The board of regents shall without delay secure from a competent architect, skilled and experienced in planning buildings and facilities for colleges or universities, all necessary plans and estimates to the end that at such time as the actual building shall be begun all such plans and estimates shall and will be ready and available. |
κ1945 Statutes of Nevada, Page 395 (CHAPTER 220, AB 234)κ
|
as the actual building shall be begun all such plans and estimates shall and will be ready and available. For the purpose of securing such plans, estimates and specifications the board of regents is authorized to expend not to exceed five (5%) percent of the money hereinafter appropriated. Sec. 3. There is hereby appropriated out of the State of Nevada postwar reserve fund the sum of three hundred fifty thousand ($350,000) dollars for the purpose of this act, which money shall be expended by the board of regents of the University of Nevada, upon claims approved by it, and audited and paid as other claims against the state are allowed and paid. In order that the money herein appropriated may continue to be invested and draw interest until it is used, the state controller and the state treasurer are hereby authorized and directed to transfer this sum of money, when and as needed, from the state postwar reserve fund to a fund to be designated as the University of Nevada Building Fund. Sec. 4. The state board of finance shall determine when the actual building program herein provided for shall begin, after a consideration of the following factors: (1) The purpose of the postwar reserve fund being to aid in the rehabilitation of veterans returning to Nevada and to cushion the state in its transition from war to peacetime industry and economy. (2) The availability of building material and equipment on the basis of quantity and cost. (3) The condition of the labor market particularly as to returned veterans; and (4) The general over-all interest of the people of the State of Nevada. Sec. 5. The state board of finance having determined upon a date for the commencement of the building program herein provided for, the board of regents shall without delay advertise for a period of three weeks in a newspaper of general circulation in the State of Nevada to be selected by the board, for sealed bids for such construction, equipment, furnishing, plumbing, heating, and lighting and for any and all material required therefor, and for the work and labor incident thereto which it is necessary to employ, all in accordance with said plans and specifications so approved, and the modifications thereof found necessary in the course of construction. Said plans and specifications so approved shall be on file at a place and time to be stated in said advertisement for inspection of contractors desiring to bid thereon, and for others interested in the matter. The board of regents may advertise for sealed bids on either the whole or on a part, or on parts of such construction, furnishings, materials, and other work, and may let one contract for the whole thereof, or separate contracts for different and separate portions thereof, in its discretion. |
Appropriation from postwar reserve fund
Duties of controller and treasurer
Factors to be considered by board of finance
Duties of board of regents
Regents to advertise for sealed bids |
κ1945 Statutes of Nevada, Page 396 (CHAPTER 220, AB 234)κ
|
Successful contractors to provide bonds
In effect |
or separate contracts for different and separate portions thereof, in its discretion. The board of regents shall let the contract or contracts herein authorized to be done to the lowest and best bidder or bidders thereon; provided, that any and all bids may, for a good reason, be rejected. Said board shall provide in the contract or contracts so made and entered into for said construction and other work for the times and amounts of progress payments on said contract as the work progresses, but retain such stated portion of the contract price theretofore earned under said contract as said board shall deem reasonable to protect the state until the completion and acceptance of the work by said board of regents. Good and sufficient bond to protect the state shall be required by the board from all such contractors. Sec. 6. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
________
|
Additional compensation for certain state employees
In effect |
[Assembly Bill No. 73Mr. Wines]
Chap. 221An Act to provide additional compensation for certain appointive officers and employees of the office of state engineer of the State of Nevada, and of the Nevada public service commission, and providing for an appropriation therefor.
[Approved March 26, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage and approval of this act the assistant state engineer, deputy state engineer, chief clerk of the office of state engineer of the State of Nevada, and office engineer of the office of state engineer of the State of Nevada, and the secretary of the public service commission of the State of Nevada, in addition to the salary now fixed and being paid to each of said appointive officers and employees shall receive additional compensation at a rate of fifteen (15%) percent of said salary, which said additional compensation at said rate shall be included in and paid by the salary warrants issued to said officers herein named. Sec. 2. This act shall take effect on July 1, 1945, and expire June 30, 1947. |
________
κ1945 Statutes of Nevada, Page 397κ
|
[Assembly Bill No. 143Mr. Higgins]
Chap. 222An Act to provide for payment at state expense of premiums on insurance policies protecting students in the schools of the State of Nevada supported in whole or in part with state or county funds from loss arising out of injuries received by them in the course of athletic practice or competition as members of school athletic teams.
[Approved March 26, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It is hereby declared to be the policy and purpose of this act to provide, if practicable, protection to student members of athletic teams of schools of the State of Nevada supported in whole or in part with state or county funds from loss arising out of injuries received by them in the course of athletic competition or practice, under the immediate charge of school coaches or authorities and including injuries in travel for such purposes. Sec. 2. Whenever any insurance carrier, authorized to do business as such in this state and of approved financial responsibility, shall submit a plan for group insurance of students in the schools of the State of Nevada supported in whole or in part with state or county funds of this state against loss in circumstances referred to in section 1 of this act in consideration for a blanket annual premium charge not greater than one-half the amount herein appropriated for two years, the commissioner of insurance and the superintendent of public instruction shall study the plan and shall have the benefit of the legal opinion of the attorney-general, and if they certify that the proposed rates and policy of insurance as executed meet the requirements of this act, a claim for the annual premium shall be presented to the board of examiners for audit and allowance according to law. If more than one insurance carrier shall submit identical or substantially identical plans and rates, the insurance business may be equitably divided among them. Sec. 3. Nothing in this act shall be deemed to admit any liability on the part of the state, its school districts, or political subdivisions for any such injury. The word injury shall include injury resulting in death within one year, and payment in such cases shall be mad to the assured or his estate. Sec. 4. The superintendent of public instruction and the school authorities throughout the state shall cooperate in reporting the total number of students to be included in the group insured and in certifying as to the membership of individual students on their athletic teams should he or she be injured. |
Compensation for students of athletics
Duties of commissioner of insurance, superintendent of public instruction, and attorney-general
State school districts and political subdivisions relieved of liability
Cooperation of school authorities |
κ1945 Statutes of Nevada, Page 398 (CHAPTER 222, AB 143)κ
|
Appropriations |
Sec. 5. There is hereby appropriated for the period July 1, 1945, to and including June 30, 1947, the sum of ten thousand ($10,000) dollars to carry out the purposes of this act. |
________
|
Incorporat6ion of the city of Reno
Boundaries of city of Reno |
[Assembly Bill No. 102Washoe County Delegation]
Chap. 223An Act to amend an act entitled An act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903, as amended March 13, 1905, and as amended from time to time thereafter.
[Approved March 26, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of article I of the above-entitled act is hereby amended to read as follows: Section 1. That on and after the passage of this act, and for the uses and purposes hereinafter mentioned, the inhabitants of that portion of Washoe County, Nevada, embraced within the limits hereinafter set forth, shall remain, be and constitute a body politic and corporate by the name and style of the City of Reno, and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts. The boundaries of the said city shall include all the inhabitants, lands, tenements and property included in that portion of township nineteen (19) north, range nineteen (19) east, M. D. B. & M, particularly described as follows: Beginning at the section corner common to sections 1 and 12, T. 19 N., R. 19 E., and sections 6 and 7, T. 19 N., R. 20 E., M. D. B. & M.; thence southerly along the section line common to section 12, T. 19 N., R. 19 E., and section 7, T. 19 N., R. 20 E., to a point of intersection with the center line of the S. P. R. R. Companys right of way; thence westerly and southerly along the center line of said right of way to a point of intersection with the easterly line of the W 1/2 of section 12; thence southerly along the easterly line of the W 1/2 of sections 12 and 13, to a point 1,320 feet southerly from the center of section 13; thence westerly and parallel to the southerly line of the NW 1/2 of section 13 and the southerly line of the N 1/2 of section 14, to a point of intersection with the section line common to sections 14 and 15; thence northerly along the section line common to sections 14 and 15, to the section corner common to sections 10, 11, 14, and 15; thence westerly along the section line common to sections 10 and 15, to a point of intersection with the south bank of the Truckee river; thence easterly along the south bank of the Truckee river to a point of intersection with a line parallel to and 1,000 feet westerly at right angles from the section line common to sections 10 and 11; thence northerly along said line to a point of intersection with the center line of the S. |
κ1945 Statutes of Nevada, Page 399 (CHAPTER 223, AB 102)κ
|
14, and 15; thence westerly along the section line common to sections 10 and 15, to a point of intersection with the south bank of the Truckee river; thence easterly along the south bank of the Truckee river to a point of intersection with a line parallel to and 1,000 feet westerly at right angles from the section line common to sections 10 and 11; thence northerly along said line to a point of intersection with the center line of the S. P. R. R. Companys right of way; thence easterly along the center line of said right of way to a point of intersection with the section line common to sections 10 and 11; thence northerly along the section line common to sections 10 and 11 to a point 281.5 feet northerly from the 1/4 corner common to sections 10 and 11; thence west 277 feet; thence N. 0° 10′ E. to the south bank of the Orr ditch; thence westerly along the south bank of the Orr ditch to its intersection with a line, said line being parallel to and 1,000 feet westerly at right angles from the section line common to sections 10 and 11; thence northerly along said line to the north side of said alley produced westerly from blks. 4 and 5, sunnyside addition; thence easterly along the north side of said alley projected to a point of intersection with the section line common to sections 10 and 11; thence northerly along the section line common to sections 10 and 11 and the section line common to sections 2 and 3, to the 1/4 corner common to sections 2 and 3; thence easterly along the north line of the SW 1/4 of section 2, to a point of intersection with the east line of Sierra street; thence northerly along the east line of Sierra street to a point of intersection with the southerly line of the N 1/2 of the N 1/2 of section 2; thence easterly along said line to a point of intersection with the west line of the W. P. R. R. Companys right of way; thence southerly along the west side of said right of way to a point of intersection with the north line of the S 1/2 of section 2; thence easterly along the north line of the S 1/2 of section 2 and the north line of S 1/2 of section 1, to a point of intersection with a line bearing N. 0° 13′ W., and at a distance 1,320 feet westerly from the center of section 1, measured along a line bearing S. 88° 59′ W.; thence northerly along said line a distance of 1,320 feet; thence easterly along a line bearing N. 88° 59′ E. a distance of 1,320 feet, thence southerly along a line bearing S. 0° 13′ E., a distance of 1,320 feet to the center of section 1; thence southerly and along the east line of the SW 1/4 of section 1, to a point of intersection with a line parallel to and 1,320 feet from, measured in a direction parallel to the east line of the SW 1/4 of section 1, and the section line common to sections 1 and 2; thence easterly and parallel to the section line common to sections 1 and 12, a distance of 1,320 feet; thence southerly and parallel to the east line of the SW 1/4 of section 1, a distance of 1,320 feet, to a point of intersection with the section line common to sections 1 and 12, thence easterly and along the section line common to sections 1 and 12, a distance of 1,320 feet, to the section corner common to the sections 1 and 12, T. |
Boundaries of city of Reno |
κ1945 Statutes of Nevada, Page 400 (CHAPTER 223, AB 102)κ
|
Boundaries of city of Reno
Reno to be divided into six wards
Officers of the city of Reno |
the east line of the SW 1/4 of section 1, a distance of 1,320 feet, to a point of intersection with the section line common to sections 1 and 12, thence easterly and along the section line common to sections 1 and 12, a distance of 1,320 feet, to the section corner common to the sections 1 and 12, T. 19 N., R. 19 E., and sections 6 and 7, T. 19 N., R. 20 E., M. D. B. & M., said point being previously described as the point of beginning. Sec. 2. Section 2 of article I of said act entitled above is hereby amended to read as follows: Section 2. The city of Reno shall be divided into six wards which shall be as near equal in electors as can be conveniently provided, and the territory comprising each ward shall be contiguous. The boundaries of wards shall be established and changed by ordinance passed by a vote of at least two-thirds of the councilmen. The boundaries of wards shall be changed whenever there is annexed to the city any additional territory or whenever the electors voting at the time of any municipal election in any ward shall exceed the number of electors voting in any other ward by more than fifteen percent (15%). Sec. 3. Article II of the above-entitled act is hereby amended to read as follows:
ARTICLE II officers Section 1. The officers of the city shall be: Mayor. Six members of the city council. City manager, if one be appointed as hereinafter provided. City attorney. City clerk. Judge of the municipal court. City auditor, the auditor of Washoe County being ex officio auditor. City treasurer and tax receiver, the treasurer of Washoe County being ex officio city treasurer and tax receiver. City assessor, the assessor of Washoe County being ex officio city assessor. City engineer and superintendent of streets, both offices may be filled by one person. Chief of police. Chief of fire department. Board of health, consisting of not less than three or more than five persons. Sec. 4. The above-entitled act is hereby amended by adding thereto a new article to be known as article III-A which shall immediately follow article III and shall read as follows: |
κ1945 Statutes of Nevada, Page 401 (CHAPTER 223, AB 102)κ
|
ARTICLE III-A Section 1. The mayor and city council shall have the power to appoint an assistant administrative officer of the municipal government who shall serve under the direction and supervision of the mayor and council and who shall hold office at the pleasure of the mayor and council and shall receive such salary as the council shall provide, but not to exceed six thousand dollars ($6,000) per annum. Sec. 2. During his tenure of office such assistant administrative officer shall be responsible to the mayor and city council for the proper administration of all affairs of the city. Sec. 3. The assistant administrative officer shall: (a) See that the laws and ordinances pertaining to the city are faithfully enforced and executed; (b) attend all meetings of the city council; to take part in all discussions but to have no vote; (c) recommend for adoption to the council such measures as he may deem necessary or expedient; (d) prepare and submit to the mayor and council such report or reports as they may require, or as he may deem advisable to submit; (e) keep the mayor and council fully advised of the financial condition of the municipality and its future needs; (f) prepare and submit to the mayor and council a tentative budget for the next fiscal year; (g) be responsible for the administration of the budget after adoption; (h) recommend the suspension or discharge of all officers and employees for the good of the city; (i) perform such other and further duties as the mayor and council may determine by ordinance or resolution. Sec. 4. At the municipal election next after the effective date of this act there shall appear upon the ballot the following proposition: Shall the city of Reno adopt a city manager form of municipal government? Yes......... No......... If upon the official canvass of the election returns a majority of the votes cast are in the affirmative, the city council shall within a period of six months after the election at which the city manager form of government has been approved, appoint a city manager who shall be the chief administrative officer of the city, and shall be responsible to the mayor and city council for the proper administration of the affairs of the city placed within his jurisdiction. Such manager shall be selected on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practices in municipal affairs. At the time of his appointment he need not be a resident of the city or state, but during his tenure of office he shall reside within the city. The city manager shall hold office at the pleasure of the mayor and council; provided, that the city manager shall not be removed from office until after he shall have been granted a hearing. |
Assistant administrative officer may be appointed
Responsibility of administrative officer
Duties of administrative officer
City to vote upon certain propositions
Qualifications |
κ1945 Statutes of Nevada, Page 402 (CHAPTER 223, AB 102)κ
|
Vacancy, how filled; salary
Manager may remove appointive officers
Duties of city clerk
City attorney may remove assistants |
from office until after he shall have been granted a hearing. Whenever the office of city manager shall become vacant, the affairs of the city shall be administered by the mayor and council until the office has again been filled. Said office shall not remain vacant for a period of more than six months. The city manager shall receive a salary of not less than $5,000 nor more than $9,000 per annum, as may be fixed by the council, and before entering on the performance of his duties shall take the official oath of office and shall execute a bond in favor of the municipality for the faithful performance of his duties in such sum and in such form as may be fixed by the council. The city manager shall exercise all of the powers and duties detailed in section 3 of this article, and in addition shall have the power to appoint and remove all appointive officers and employees of the city, subject to the provisions of this charter relating to civil service. Sec. 5. Section 2 of article IV of the above-entitled act is hereby amended to read as follows: Section 2. The city clerk shall have the custody of all official bonds except his own, which shall be filed with the city treasurer. He shall have the care and custody of all books, papers, documents, the corporate seal, and all records not otherwise specially provided for. He shall be clerk of the council, attend all its meetings, whether regular or special, and record all its proceedings. He shall record in a journal all ordinances, bylaws, rules, or regulations passed or adopted by the council, which journal, after being read and approved at each regular meeting, shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any person or officer. He shall, when required, make and certify under the seal of the city, copies of any and all papers, documents, or records in his custody, and such copies shall be prima-facie evidence of the matters therein contained, and the clerk shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the clerk, who shall report upon the same, and on all matters pertaining to his office, at each regular meeting of the council, or oftener as may be required. Such reports shall be in writing and under oath. The city clerk shall keep such other records and perform such other duties as the mayor and council shall prescribe by ordinance. Sec. 6. Section 3 of article V of the above-entitled act is hereby amended to read as follows: Section 3. The city attorney may appoint and remove such assistants as he may require in the discharge of the duties of his office, subject to the provisions of this charter relative to civil service. The council may appropriate such funds as it shall deem proper to compensate any such assistant in the office of the city attorney. |
κ1945 Statutes of Nevada, Page 403 (CHAPTER 223, AB 102)κ
|
funds as it shall deem proper to compensate any such assistant in the office of the city attorney. Sec. 7. Section 4 of article V of the above-entitled act is hereby amended to read as follows: Section 4. The city council of the city of Reno is authorized and empowered to fix a salary for the city attorney, but such salary shall not exceed the sum of three thousand three hundred dollars per annum, payable in twelve monthly installments. Sec. 8. Section 1 of article IX of the above-entitled act is hereby amended to read as follows: Section 1. There shall be a chief of police of said city who shall be appointed by the city manager if there be one, or otherwise by the mayor, subject to confirmation by the city council. He shall be of the age of not less than thirty years and shall have been actively engaged in law enforcement work for a period of not less than five years continuously and immediately preceding his appointment. The city council shall have power to fix the number of police officers needed by the city and to fix the salaries thereof. Sec. 9. Section 3 of article IX of the above-entitled act is hereby amended to read as follows: Section 3. The chief of police shall execute all processes issuing from the municipal court. In his absence or inability to act, his assistant may act in his place. The chief of police shall, before entering upon the discharge of his duties, furnish a bond to said city, which shall apply in like manner to any assistant acting in his stead. Said bond shall be in a sum and conditioned as the city council shall require, and shall be approved by said council. The duties of said chief of police may be more fully defined and provided for by such ordinances of the city council as it shall from time to time enact. The city council is hereby empowered to prescribe such salary for the chief of police as it shall deem appropriate. Sec. 10. Section 1 of article X of the above-entitled act is hereby amended to read as follows: Section 1. There shall be a chief of the fire department who shall be appointed by the city manager if there be one, or otherwise by the mayor, subject to confirmation by the council. He shall be of the age of not less than thirty years and shall have been actively engaged in fire prevention or fire protection work for a period of not less than five years continuously and immediately preceding his appointment. He shall have the power, subject to the approval of the city council, to prescribe, promulgate and enforce rules and regulations for the governing of members and employees of the fire department which shall, however, not be inconsistent with the charter and ordinances of the city, or the laws of the state. |
Salary of city attorney
Chief of police to be appointed
Duties of chief of police
Chief of fire department to be appointed |
κ1945 Statutes of Nevada, Page 404 (CHAPTER 223, AB 102)κ
|
Duties of chief of fire department
Certain sections repealed
City engineer, how appointed
Duty of city engineer |
the state. He shall see that all rules, regulations, laws, and ordinances concerning the department are carried into effect and observed. He shall diligently observe the condition of all apparatus in use by the department and, from time to time, shall report to the council, with his recommendations for the betterment of the department and to increase its efficiency. The city council shall have the power to fix the number of firemen needed by the city and to fix the salaries of the chief of the department and other employees thereof as it shall deem appropriate. The city council may permit, under such conditions as it may prescribe, the equipment and personnel of the fire department to go beyond and outside the corporate limits of the city for the purpose of extinguishing or aiding in extinguishing or control of fires, and any such use of such equipment or personnel shall be deemed an exercise of a governmental function of such city. Sec. 11. Section 7 of article X of the above-entitled act is hereby repealed. Sec. 12. Section 1 of article XI of the above-entitled act is hereby amended to read as follows: Section 1. There shall be a city engineer who shall be the chief officer of the city engineering department. He shall have a degree from an accredited engineering college or the equivalent thereof and have had not less than three years practical experience as a civil or municipal engineer next preceding his appointment. The city engineer shall be appointed by the city manager if there be one, or otherwise by the mayor, subject to confirmation by the council. The city council shall prescribe such salary for the city engineer as it shall deem appropriate. Sec. 13. Section 3 of article XI of the above-entitled act is hereby amended to read as follows: Section 3. The city engineer or the superintendent of streets shall see that all laws, ordinances, rules, and regulations concerning the public streets, highways, alleys, and roads within the city are observed, and that the penalties for any breach thereof are rigidly enforced. He shall superintend and direct the sweeping, cleaning, and sprinkling of the streets, the cleansing and flushing of sewers, and have general care of the streets, alleys, and highways of the city and, from time to time, make such recommendations as to their betterment and improvement as he shall deem proper. It shall be his duty to enforce all rules, regulations, and ordinances pertaining to the streets, alleys, highways, roads, and sidewalks in the city, and to receive, investigate, and act on all complaints concerning the same. He shall inspect all street improvement or sidewalk improvement works carried on by the city or individuals, and shall have power to approve, reject, change, or alter the same, and to inspect, approve, reject, or alter the material used therein or the manner of the construction thereof. |
κ1945 Statutes of Nevada, Page 405 (CHAPTER 223, AB 102)κ
|
and to inspect, approve, reject, or alter the material used therein or the manner of the construction thereof. He shall report to the city manager if there be one, or otherwise to the council from time to time and whenever required, and shall perform such other and further duties as may be required by the city manager if there be one, or otherwise by the council or which may be prescribed by ordinance. Sec. 13a. Section 4 of article XI of the above-entitled act is hereby repealed. Sec. 13b. Section 7 of article XII of the above-entitled act is hereby amended to read as follows: Section 7. The style of ordinances shall be as follows: The city council of the city of Reno do ordain, and all proposed ordinances, when first proposed, shall be read by title to the city council and referred to a committee for consideration, and said committee shall report said ordinances back to the council at the next regular meeting, when said ordinances shall be read in full as first introduced, or if amended, as amended. Prior to the consideration of the adoption of any ordinance an adequate number of the ordinance, as amended, shall be filed with the city clerk for public distribution, and notice of such filing shall be published once in a newspaper published in the city of Reno at least one week prior to the adoption of the ordinance, and the council shall adopt or reject the ordinance as amended within a period of thirty (30) days from the date of such publication. After final adoption the ordinance shall be signed by the mayor, and, together with the votes cast thereon, be published once in a newspaper published in the city of Reno before the same shall go into effect, except as provided in section 92, article XII. In all prosecutions for the violation of any of the provisions of this charter, or for the violation of any city ordinance, rule, resolution, or other regulation of the city council, whether in the court of original jurisdiction or in any appellate court, it shall not be necessary to plead the contents of the same, but the court before which the proceedings may be pending shall take judicial notice of this charter and of such ordinance, rule, resolution, or other regulation, and of the contents thereof, and in all civil actions it shall not be necessary to plead the contents of any ordinance, rule, resolution, or other regulation of the city council, but the same may be pleaded by title and may be proved prima facie by the introduction of the original entry thereof on the records of the city council, or a copy thereof certified by the city clerk, to be a full, true, and correct copy of such original entry, or by the introduction of a printed copy published or purported to have been published by authority of the city council. |
Certain section repealed
Style of ordinances
Public filing of proposed ordinance before final consideration
Court procedure concerning violations |
κ1945 Statutes of Nevada, Page 406 (CHAPTER 223, AB 102)κ
|
Specialized or uniform printed codes may be amended or adopted without publicaiton
Council empowered to print municipal code
Arrangement of code
City council to fix place of meeting |
Sec. 13c. Section 9a of article XII of the above-entitled act is hereby amended to read as follows: Section 9a. An ordinance adopting any specialized or uniform building or plumbing or electrical code, or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city of Reno, and with such other changes as may be desirable, by reference thereto, and such code upon adoption need not be published as required by article XII, section 7 hereof, if an adequate number of copies of such code either typewritten or printed with such changes, if any, shall have been filed for use and examination by the public in the office of the city clerk at least one week prior to the passage of the ordinance adopting said code. Notice of such filing shall be given by one publication in a newspaper in the city of Reno at least one week prior to the passage of the ordinance adopting said code. Sec. 14. Article XII of the above-entitled act is hereby amended by adding thereto a new section to be known as section 9b, which shall follow section 9a and shall read as follows: Section 9b. The council shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the council, have incorporated therein the charter of the city and such additional data as the council may prescribe. When such a publication is published, two copies shall be filed with the librarian of the law library of the State of Nevada, and thereafter the same shall be received in all courts of this state as an authorized compilation of the municipal ordinances and charter of the city of Reno. The ordinances in such code shall be arranged in appropriate chapters, articles, and sections, excluding the titles, enacting clauses, signatures of mayor, attestations and other formal parts. Such codification shall be adopted by an ordinance and the only title necessary for such ordinance shall be An ordinance for codifying and compiling the general ordinances of the city of Reno. Sec. 15. Section 10 of article XII of the above-entitled act is hereby amended to read as follows: Section 10. The city council shall have the power to fix the place of its meetings and the time for calling the same to order, and to judge of the qualifications and election of its own members. Sec. 16. Article XII of the above-entitled act is hereby amended by the addition of a new section to be known as section 10.1, which shall immediately follow section 10 and shall read as follows:
|
κ1945 Statutes of Nevada, Page 407 (CHAPTER 223, AB 102)κ
|
amended by the addition of a new section to be known as section 10.1, which shall immediately follow section 10 and shall read as follows: Section 10.1. The city council shall have the power to make and pass all ordinances, resolutions, and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, for the execution of all powers vested in said city, and for making effective the provisions of this charter. Sec. 17. Article XII of the above-entitled act is hereby amended by the addition of a new section to be known as section 10.5 which shall immediately follow section 10.1 and shall read as follows: Section 10.5. The city council shall have the power to levy and collect annually a tax upon the assessed valuation of all real and personal property within the city, which is by law taxable for state and county purposes, the estimated proceeds of which, together with the total amount of receipts and revenues estimated to be received from all sources, will be sufficient to meet all appropriations made by the annual appropriation ordinance; provided, that such levy when added to the levy of other political subdivisions levying on the same property shall not exceed the limitation on taxation as prescribed by the constitution of the State of Nevada; and provided further, that the tax rate upon the assessed valuation of all real and personal property within the city shall not exceed $1.75 per $100 valuation for all purposes; and provided further, that in the preparation of the annual appropriation ordinance for the city, the city council shall first make proper provision for the payment of interest on and retirement of the bonded indebtedness of the city. Sec. 18. Article XII of the above-entitled act is hereby amended by the addition of a new section to be known as section 10.10 which shall immediately follow section 10.5 and which shall read as follows: Section 10.10 The city council shall have the power to acquire property by purchase, gift, devise, appropriation, lease, or lease with the privilege of purchase, for any municipal purpose authorized by law, and to hold, manage, and control the same and to make any and all rules and regulations, by ordinance or resolution, that may be required to fully carry out all the provisions of any conveyance, deed, or will, in relation to any gift or bequest, or the provisions of any lease by which it may acquire property; to appropriate money for corporate purposes only and to provide for the payment of the debts and expenses of the city; to borrow money on the credit of the city for corporate purposes to the extent allowed municipal corporations by the constitution of the State of Nevada. |
City council to make and pass ordinances, resolutions, etc.
Council to levy and collect annual tax; provisos
Council may acquire property for municipal purposes |
κ1945 Statutes of Nevada, Page 408 (CHAPTER 223, AB 102)κ
|
Additional powers of city council
Cost may be defrayed by special assessment; provisos |
money on the credit of the city for corporate purposes to the extent allowed municipal corporations by the constitution of the State of Nevada. Sec. 19. The above-entitled act is hereby amended by repealing section 10a thereof. Sec. 20. The above-entitled act is hereby amended by adding a new section to article XII thereof which shall immediately follow section 10.10 to be known as section 10.15, and shall read as follows: Section 10.15. The city council, among other things, shall have power: To lay out, extend, change the grade, open, name and change the name, vacate, and alter the highways, viaducts, underpasses, tunnels, streets, and alleys within the city. To require and provide for the macadamizing, oiling, curbing, graveling, grading and regarding, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing, and widening any highway, viaduct, underpass, tunnel, street, or alley, or to in anyway whatsoever improve the same. To provide for the construction, improvement, maintenance, vacation, and preservation of the city parks, swimming pools, zoos, and tennis courts and all public places, and the construction, repair, maintenance, vacation, and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, storm sewers, sewers, and culverts; to bridge, cover, or place in culvert any ditch or canal running within the limits of the city, and to provide for the cleaning, regulation, and removal of obstructions therefrom; to provide for the regulation, prevention, and removal of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awnings, posts, show windows, and other things upon and over the sidewalks or streets, and to regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures, and excavations in and under the same, and to prevent, prohibit, and remove all obstructions and nuisances upon the sidewalks, streets, and alleys within the city limits. To provide for the maintenance, repair, alteration, improvement, and preservation of any other city property not herein mentioned. To make any other local improvement or public improvement of any nature. Sec. 21. The above-entitled act is hereby amended by adding to article XII thereof a new section which shall immediately follow section 10.15 and which shall be known as section 10.20 and shall read as follows: Section 10.20. Such part of the expense, or the entire expense, of constructing, reconstructing, maintaining, repairing, widening, or improving any street, lane, highway, avenue, or alley, by grading, paving, graveling, oiling, or macadamizing the same, or by construction, reconstruction, maintaining, or repairing sidewalks, curbs, or gutters along the same, by constructing drains or by otherwise improving the same, or such part of the expense, or the entire expense, of constructing, reconstructing, maintaining, repairing, or improving sewers, as the city council shall determine, may be defrayed by special assessments upon lots and premises fronting upon that part of the street, lane, highway, avenue, or alley, or sewer, so improved or proposed so to be, of the lands fronting upon such improvement, and such other land as in the opinion of the city council, may be benefited by the improvement. |
κ1945 Statutes of Nevada, Page 409 (CHAPTER 223, AB 102)κ
|
maintaining, or repairing sidewalks, curbs, or gutters along the same, by constructing drains or by otherwise improving the same, or such part of the expense, or the entire expense, of constructing, reconstructing, maintaining, repairing, or improving sewers, as the city council shall determine, may be defrayed by special assessments upon lots and premises fronting upon that part of the street, lane, highway, avenue, or alley, or sewer, so improved or proposed so to be, of the lands fronting upon such improvement, and such other land as in the opinion of the city council, may be benefited by the improvement. The cost, or any portion thereof, of constructing, maintaining, repairing, widening, or reconstructing any bridge of any nature whatsoever, or tunnel, underpass, or viaduct, may likewise be defrayed by special assessment upon such land as, in the opinion of the council, may be benefited by the improvement; provided, that in the case of any bridge, tunnel, underpass, or viaduct constructed for the purpose of causing any street, sidewalk, pedestrian pathway, lane, or highway to cross any railroad track or right of way upon a separated grade, such grade separation shall be deemed to be for the general public benefit, and shall not be subject to the provisions of this section. The cost of securing rights of way or the land necessary for the construction or widening of any street, alley, sidewalk, curb, gutter, drain, sewer, viaduct, bridge, or approaches to any bridge, or tunnel, or underpass, may likewise be defrayed by special assessment as provided above for streets, lanes, highways, and alleys, and for bridges; provided, however, that any of the improvements or purposes for which the city council may form a special assessment district, as set forth above, may be paid for in whole, or in part, from any other fund or funds of the city as well as from such special assessment district funds. Sec. 22. The above-entitled act is hereby amended by adding to article XII thereof a new section which shall immediately follow section 10.20 and which shall be known as section 10.25 and shall read as follows: Section 10.25. Such part of the expense of bridging, covering or placing in culvert any ditch or canal, and such part of the expense of cleaning and removing obstructions therefrom, as the council shall determine may be defrayed by special assessment upon lots and premises fronting upon or traversed by that part of said ditch or canal so bridged, covered, placed in culver or so cleaned and obstructions removed therefrom, and such assessment may be made upon such lots as may front on, or be traversed by, such ditch or canal in proportion as the frontage of each piece or parcel of land on such ditch or canal, or as the distance which said ditch or canal shall traverse each piece or parcel of land is to the length of the canal or ditch to be so improved or cleaned, exclusive of the distance where such ditch or canal shall traverse public streets, alleys, and highways. |
Cost may be defrayed by special assessment; provisos
Expense of ditch or canal improvement, how negotiated |
κ1945 Statutes of Nevada, Page 410 (CHAPTER 223, AB 102)κ
|
Duty of property owners previous to street construction
Bonds for special assessment improvements issued under certain act
Redemption of bonds |
to the length of the canal or ditch to be so improved or cleaned, exclusive of the distance where such ditch or canal shall traverse public streets, alleys, and highways. Sec. 22a. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.25 and which shall be known as section 10.26, and which shall read as follows: Section 10.26. Before constructing, reconstructing, repairing, widening, or improving any street, lane, highway, avenue, or alley the council may order the owners of the abutting property to connect with the gas, water, or sewer mains or with any other utility in the street or alley; and upon default of any owner for thirty days after such order to make such connection, the city may contract for and make the connections aforesaid at such distance, under such regulations, and in accordance with such specifications as may be prescribed, and the whole cost of each connection shall be assessed against the property with which the connection is made, and the cost shall be paid upon the completion of the work. Such cost shall be a lien upon the parcel of real property to be served by such connection, and in default of payment shall be included in the sum assessed against such property for such improvement or may be made the subject matter of a special assessment roll. Sec. 23. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.26 and which shall be known as section 10.30 and which shall read as follows: Section 10.30. Bonds for the purpose of paying the cost of improvements for which special assessments are levied may be issued by the city in accordance with An act to authorize municipalities to issue bonds for the purpose of paying the cost of municipal improvements for which special assessments are levied, approved March 13, 1909, as the same has been or may hereafter be amended from time to time; provided, however, that such improvement bonds may be issued for any purpose for which a special assessment can be levied herein, and the purposes for which such bonds may be issued shall not be limited to the purposes for which special assessments can be levied under the terms of said act. Such bonds shall be payable out of the fund created by special assessment, but if such fund be insufficient to pay said bonds as they become due, the deficiency shall be paid out of the general fund of the city, and every improvement bond created by the city shall contain such a provision. In the event of any deficiency in the general fund it shall be mandatory for the city council to levy taxes in accordance with the provisions of this act, and particularly article XII, section 10.5 hereof, in order to provide funds to immediately pay said bonds. |
κ1945 Statutes of Nevada, Page 411 (CHAPTER 223, AB 102)κ
|
immediately pay said bonds. No election shall be necessary to issue such improvement bonds irrespective of the fact that said bonds are also payable out of the general fund of the city. Sec. 24. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.30 and which shall be known as section 10.31 and which shall read as follows: Section 10.31. The city council may prescribe by ordinance storm drainage districts and may order the construction or reconstruction or repair therein of sewers for storm drainage. The cost of any such district storm sewers together with the cost of the necessary manholes, inlets, and appurtenances and extension, either within or beyond the limits of the city for the purpose of providing a suitable outlet for such sewers, may be assessed upon all the land in said storm drainage district in proportion as the area of each piece of land in the district is to the area of all the land in the district, exclusive of public streets, alleys, and highways. The procedure to be followed in making any such assessment is to be the same as that provided for levying special assessments for improvements. Sec. 25. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.31 and which shall be known as section 10.35, and which shall read as follows: Section 10.35. The city council may prescribe by ordinance sanitary sewer districts and may order the construction or reconstruction or repair therein of sanitary sewers. The cost of any such district sanitary sewers, together with the cost of the necessary manholes, inlets, and appurtenances and extensions to enable its connection with some other sufficient public sewer or disposal plant, may be assessed upon all the land in said sanitary sewer district in proportion as the area of each piece of land in the district is to the area of all the land in the district, exclusive of public streets, alleys, and highways. The procedure to be followed in making any such assessment to be the same as that provided for levying other special assessments for improvements. Sec. 26. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.35 and which shall be known as section 10.40 and which shall read as follows: Section 10.40. The council may by contract establish rates or charges to be paid to the city for the use of the system of sanitary sewers, sewage pumping works, or sewage treatment or disposal works, by persons, firms, or corporations whose premises are located outside the limits of the city of Reno and are served by a connection to such system of sanitary sewers, sewage pumping works, or sewage treatment or disposal work, and the council may cause any such connection to be severed upon default in the payment of any such rate or charge. |
Creation of storm drainage districts
Council may prescribe sanitary sewer districts
Premises outside city limits to pay service charge |
κ1945 Statutes of Nevada, Page 412 (CHAPTER 223, AB 102)κ
|
May establish equitable rates for removal of garbage
Assessments against public buildings and grounds borne by city funds |
city of Reno and are served by a connection to such system of sanitary sewers, sewage pumping works, or sewage treatment or disposal work, and the council may cause any such connection to be severed upon default in the payment of any such rate or charge. Sec. 27. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.40 and which shall be known as section 10.45 which shall read as follows: Section 10.45. The council may by ordinance establish just and equitable rates or charges to be paid to the city for the collection of garbage, waste matter, refuse, or rubbish by every person, firm, or corporation occupying or owning a parcel or parcels of real property from which such garbage, waste matter, refuse, or rubbish shall be removed, and if not paid when due shall be made the subject of a special assessment roll, and when confirmed by the city council, after notice given as provided in section 10.85 hereof and delivered to the city auditor and recorded in the office of the city auditor, shall be collected in the same manner as other special assessments, but shall not be subject to division into installments as provided in section 10.105. The council may change such rates or charges from time to time as may be deemed advisable. The city may collect garbage, waste, refuse, and rubbish beyond the limits of the city, and may prescribe a different schedule for persons residing within the limits of the city from the schedule for those residing beyond such limits. Sec. 28. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.45 and be known as section 10.50 and which shall read as follows: Section 10.50. When expenses for any improvement shall be assessed, and there shall be lands belonging to the city, school buildings, or other public buildings, or public grounds not taxable, fronting on such improvements, such part of the expense of such improvement as in the opinion of the city council, or assessor making such special assessment, would be justly apportionable to such public grounds, buildings, and city property, and to any interior, squares, or spaces formed by the intersection of streets where they are taxable, shall be paid from the general fund or other proper fund, or part from each, as the city council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvement in proportion to their number of feet frontage; or if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment district in proportion to area or in proportion to the estimated benefits resulting thereto from the improvement. |
κ1945 Statutes of Nevada, Page 413 (CHAPTER 223, AB 102)κ
|
all land included in such special assessment district in proportion to area or in proportion to the estimated benefits resulting thereto from the improvement. When such assessment is to be made upon lots in proportion to their frontage upon the improvement, if from the shape and size of any lots the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the city council, or assessor making the assessments, may assess such lots or such number of feet frontage as in their opinion would be just. The cost and expense of the following improvements, including the necessary land therefor, viz: for city hall and other public buildings for the use of the city officers, engine houses and structures for the fire department, waterworks, city prison, levees, and embankments shall be paid from the proper fund of the city; except that, as hereinbefore mentioned in case of land appropriated for streets, alleys, sidewalks, tunnels, viaducts, underpasses, curbs, gutters, sewers, drains, bridges, or approaches to bridges, and rights of way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed. Sec. 29. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.50 and be known as section 10.55 and which shall read as follows: Section 10.55. Whenever, in the opinion of the city council, the benefits thereof are special rather than general or public, when by the provisions of this act the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands fronting upon, traversed by, or adjacent to, or otherwise benefited by such improvement, such assessment may be made in the manner hereinafter specified. When the city council shall determine to make any public improvement for which a special assessment is proper, as hereinbefore provided, and defray the whole or any part of the cost and expense thereof by special assessments, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, or portion of the expense thereof will be paid from other funds, and whether the assessment is to be made according to benefits or frontage, or area, and in case the assessment is to be made according to benefits or area they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed, and shall describe definitely the location of the improvement and state that the assessment is to be made upon all the lands benefited thereby according to benefit; or in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinances to so state with a definite location of the improvements to be made. |
Assessment upon lots to be in proportion to frontage
How payments made when benefits are special |
κ1945 Statutes of Nevada, Page 414 (CHAPTER 223, AB 102)κ
|
Estimates of expense to be made
Notice by publication
Majority of persons assessed must petition; exception |
made upon all the lands benefited thereby according to benefit; or in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinances to so state with a definite location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district, or the location that the various parcels to be assessed can be ascertained and described by the city assessor. Before ordering any public improvement or repairs, any part of the expense of which is to be defrayed by special assessment, the city council shall cause estimates of the expense thereof to be made by the city engineer, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the city clerk for public examination, and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed by publication for two times in one of the newspapers of the city and by posting three notices near the site of the proposed work in some public and conspicuous places, and such notice shall state the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements. Sec. 30. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.55 and be known as section 10.60 and which shall read as follows: Section 10.60. Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of two-thirds of all members elected to the city council. The cost and expenses of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, making the assessments, together with newspaper publications and cost of construction, and all incidental costs. The city council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvement contemplated herein shall be made or awarded nor shall the city council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had. But nothing herein contained shall be construed as preventing the city council from advertising for proposals for doing work whenever they see fit, provided the contract shall not be made or awarded before the time herein stated. |
κ1945 Statutes of Nevada, Page 415 (CHAPTER 223, AB 102)κ
|
Sec. 31. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.60 and be known as section 10.65 and which shall read as follows: Section 10.65. When any special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, or area, the city council shall, by ordinance, direct the same to be made by the city assessor, and shall state therein the amount to be assessed, and whether according to the frontage, or benefits, or area and describe or designate the lots and premises, or the locality constituting the district to be assessed; in fixing the amount or sum of money that may be required to pay the costs of any improvement, the city council need not necessarily be governed by the estimates of such improvement provided herein, but the city council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement. Upon receiving such order and directions the city assessor shall make out an assessment roll, entering and describing all lots, premises, and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the city council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor he shall, in lieu of the name of the owner, insert the name Unknown; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of a person other than the owner, such assessment shall not for any cause be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, improvements, or premises, and shall be collected as in other cases. If the assessment is required to be according to the frontage, the city assessor shall assess each lot or parcel of land and improvements, or such relative portion of the whole amount to be levied as the length of front of such premises fronting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape and size of any lot an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the city assessor. |
Duties of assessor concerning special assessments |
κ1945 Statutes of Nevada, Page 416 (CHAPTER 223, AB 102)κ
|
Procedure in case of expense incurred on separate lot or parcel of land |
If the assessment is directed to be according to benefits, the city assessor shall assess upon each lot such relative portions of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement. If the assessment is directed to be according to area, the city assessor shall assess upon each lot such relative portion of the whole sum to be levied as the area of such lot shall bear to the area of all the land in the district exclusive of public streets, alleys, and highways. Sec. 32. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.65 and be known as section 10.70 and which shall read as follows: Section 10.70. When any expense shall be incurred by the city upon, or in respect to, any separate or single lot, parcel of land, or premises which expense, by the provisions of this charter, the city council is authorized to charge and collect as a special assessment against said lot or parcel of land, and which assessment is not of that class of special assessments required to be made pro rata upon several lots or parcels of land, an account of the labor or service for which such expense was incurred, verified by the officer or person performing the services or causing the same to be done or on account of the rates or charges for use of the sanitary sewer system or for the collection of garbage, waste matter, refuse, rubbish, or for the removal of weeds or inflammable matter, verified by the chief officer of the bureau or department or bureau or division thereof performing or supplying such service, together with the description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the city council. And the provisions of the previous subdivisions, with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred in respect to that class of improvements or services or charges contemplated in this section. When such an account is reported to the city council, the city council shall determine what amount or part of every such expense, if any, shall be charged as a special assessment, and the person, if known, against whom, and the premises upon which, the same shall be levied as a special assessment; and so often as the city council shall deem it expedient they shall require all of the several accounts so reported and determined and the several lots or premises and the persons chargeable therewith, respectively, to be reported by the city clerk to the city assessor for assessment, but shall not be subject to division into installments as provided in section 10.105. |
κ1945 Statutes of Nevada, Page 417 (CHAPTER 223, AB 102)κ
|
Sec. 33. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.70 and be known as section 10.75 and which shall read as follows: Section 10.75. Upon receiving the report mentioned in section 10.65 or section 10.70 the city assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him and against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the city council. Sec. 34. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.75 and be known as section 10.80 and which shall read as follows: Section 10.80. When the assessor shall have completed the assessment he shall report the same to the city council. Such report shall be signed by him and made in the form of a certificate, endorsed on the assessment roll as follows: State of Nevada, City of Reno, ss. To the city council of the city of Reno: I hereby certify and report that the foregoing is the assessment roll and the assessment made by me pursuant to an ordinance of the city council of the said city, adopted (give date) for the purpose of paying that part of the cost which the city council decided should be paid and borne by special assessment for the purpose of paying the cost of (e. g., for paving Virginia street from First street to Fourth street in said city, as the case may be), or (constructing a sewer on Sierra street), (or as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment, conformed in all things to the directions contained in the ordinance of the city council hereinbefore referred to, as well as to the charter of the city relating to such assessment. Dated, Reno, Nevada, ............................................................A. D., 19....... ...................................... City assessor. Sec. 35. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.80 and be known as section 10.85 and which shall read as follows: Section 10.85. When any special assessment shall be reported by the city assessor to the city council as in section 10.80 provided, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the city council shall cause a notice to be published for two times in some newspaper of the city, of filing of the same with the city clerk, and appointing a time when the city council and assessor will meet to review the assessments. |
Additional duties of city assessor
Certificate of city assessor
Special assessment to be published before adoption |
κ1945 Statutes of Nevada, Page 418 (CHAPTER 223, AB 102)κ
|
Notice of special assessment
Duties of council and city assessor |
council and assessor will meet to review the assessments. Any person objecting to the assessment may file his objections thereto in writing with the city clerk at any time prior to the date of said meeting. Sec. 36. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.85 and be known as section 10.90 and which shall read as follows: Section 10.90. The notice provided in section 10.85 may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:
NOTICE OF SPECIAL ASSESSMENT
To (insert the name of the person or persons against whom the assessment appears) and to all persons interested, take notice: That the roll of the special assessment heretofore made by the city assessor for the purpose of defraying that part of the costs which the city council decided should be paid and borne by special assessment for the (e. g., paving Virginia street to Fourth street in said city), (or constructing a sewer on Sierra street between First street and Fifth street), (or as the case may be), is now on file at my office for public inspection. Notice is hereby given that the city council and city assessor of the city of Reno will meet in the council room in said city on (insert the date upon), to review said assessment, at which time and place opportunity will be given all persons interested to be heard; provided, any person objecting to the assessment may file his objections thereto, in writing, with the city clerk at any time before the time set for said hearing. Dated.................................................... ............................................... City clerk Sec. 37. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.90 and be known as section 10.95 and which shall read as follows: Section 10.95. At the time appointed for the purpose aforesaid the city council and city assessor shall meet and there, or at some adjourned meeting, review the assessment; and shall hear any objection to said assessments which may be made by any person deeming himself aggrieved thereby, and shall decide the same; and the city council may correct the assessment as to any assessment or description of the premises appearing therein, and may confirm it as reported or as corrected, or the city council may refer the assessment back to the city assessor for revision; or annul it and direct a new assessment, in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words: Special assessment roll for (describing fully what the assessment is for), as approved by the city council the................. |
κ1945 Statutes of Nevada, Page 419 (CHAPTER 223, AB 102)κ
|
special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words: Special assessment roll for (describing fully what the assessment is for), as approved by the city council the.................day of .............................(month), 19........ (affixing the time). Sec. 37a. The above-entitled act is hereby amended by repealing section 10b of article XII. Sec. 37b. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.95 which shall be known as section 10.100 and shall read as follows: Section 10.100. The city council, among other things, shall have the power: When any special assessment roll shall be confirmed by the city council it shall be final and conclusive, except as hereinafter provided; but no such assessment shall be confirmed except by a two-thirds vote of all the members elected to the city council. The city clerk and clerk of the city council shall thereupon deliver to the county auditor, acting as ex officio city auditor, the assessment roll as confirmed by the city council, with his certificate of such confirmation, and of the date thereof. The county auditor acting as ex officio city auditor, shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll, when so endorsed and recorded, shall be prima-facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll. Sec. 37c. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.100 which shall be known as section 10.105 and shall read as follows: Section 10.105. All special assessments shall from the date of recording thereof, constitute liens upon the respective lots or parcels of land and improvements assessed, and shall be charged against the persons and properties until paid. Upon the confirmation and recording of any assessment, the amount thereof may be divided into not more than twenty (20) installments, one of which shall be collected each year or the entire amount thereof shall be collected at once, in the manner hereinafter prescribed, with annual interest thereon at a rate not exceeding seven percent from the time due. Sec. 37d. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.105 which shall be known as section 10.110 and shall read as follows:
|
Confirmation of special assessment requires two-thirds vote
Duties of city auditors
Special assessments liens upon property |
κ1945 Statutes of Nevada, Page 420 (CHAPTER 223, AB 102)κ
|
When special assessments payable
Uncollected assessment upon land subsequently divided to be apportioned
Final settlement of any special assessment
Procedure in case special assessment invalidated |
follow section 10.105 which shall be known as section 10.110 and shall read as follows: Section 10.110. All special assessments, except such installments thereof as the city council shall make payable at a future time, shall be due and payable upon recording. Sec. 37e. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.110 which shall be known as section 10.115 and shall read as follows: Section 10.115. Should any lots or lands be divided after a special assessment thereon shall have been confirmed and divided into installments and before the collection of the installments, the city council may require the city assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment when confirmed shall be conclusive on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivisions. Sec. 37f. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.115 which shall be known as section 10.120 and shall read as follows: Section 10.120. Should any special assessment prove insufficient to pay for the improvement or work for which it is levied, and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary the excess shall be refunded ratably to those by whom it was paid. Sec. 37g. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.120 which shall be known as section 10.125 and shall read as follows: Section 10.125. Whenever any special assessment shall, in the opinion of the city council, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the city council shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All of the proceedings for such reassessment and for the collection thereof shall be conducted in the same manner as provided for special assessment in this act. Sec. 37h. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.125 which shall be known as section 10.130 and shall read as follows: |
κ1945 Statutes of Nevada, Page 421 (CHAPTER 223, AB 102)κ
|
Section 10.130. Whenever any sum or any part thereof levied upon any premises in the assessment so declared invalid or illegal has been paid and is not refunded, the payment so made shall be applied upon the reassessment on said premises, and the assessment to that extent be deemed satisfied. Sec. 37i. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.130 which shall be known as section 10.135 and shall read as follows: Section 10.135. No judgment or decree nor any act of the city council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by regular mode or proceedings might have been lawfully assessed thereon. Sec. 37j. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.135 which shall be known as section 10.140 and shall read as follows: Section 10.140. When any special assessment shall be confirmed and recorded the city council may, by resolution, direct the city clerk to report to the city assessor a description of such lots and premises as are contained in the special assessment roll, with the total amount of the assessment levied upon each lot if the entire amount is to be paid at once, or the amount of the annual installment with interest added if the assessment is to be paid in installments, and the name of the owner or occupant against whom the assessment was made, and by such resolution require the city assessor to levy the several sums so assessed as a tax upon the several lots of land and improvements, or premises to which they were assessed, respectively, and if the assessment is payable in installments the city council shall annually and at the same time the city tax levy is made, continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid. Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed and against the persons chargeable therewith as a tax in the general assessment roll next thereafter to be made, in a column for special assessments, and the county auditor, acting as ex officio city auditor, shall extend the same on said roll in the same manner as state and county taxes, or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the tax receiver, acting as ex officio tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds. |
Illegal payment to apply upon reassessment
Lien not to be impaired
Duties of city council when special assessment confirmed
Duties of city assessor |
κ1945 Statutes of Nevada, Page 422 (CHAPTER 223, AB 102)κ
|
Court to act upon irregularity or informality
Council authorized to correct or amend special assessment roll |
receiver, acting as ex officio tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds. In the event any special assessment or assessments provided for herein are not paid when due, it shall be the duty of the said city tax receiver to sell the property in the same manner and at the same time, when possible, as property is sold for delinquent state or county taxes; and in such event it shall be the duty of said tax receiver to add thereto the same penalties, charges, and costs as are added for delinquent state and county taxes. Sec. 37k. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.140 which shall be known as section 10.145 and shall read as follows: Section 10.145. If, in any action, proceeding or suit, in which any assessment shall be involved, it shall appear by reason of any irregularity or informality that the assessment has not been properly made against the party whose property is sought to be sold, or the lot or the premises sought to be sold or charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the person sought to be charged, or the lot or premises in question, render judgment for the amount properly chargeable against such person or upon such lot or premises. In any action, suit, or proceeding the assessment roll and the certified resolution confirming it, as recorded, shall be prima-facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to sell for such assessment or to recover judgment therefor. Sec. 37l. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.145 which shall be known as section 10.150 and shall read as follows: Section 10.150. The city council of the city of Reno is hereby authorized and empowered to correct or amend the said special assessment roll by resolution, at any time after confirmation and recording of the same, so as to make it conform to the actual cost of the work for which the same was levied and the changes in said roll shall be made by resolution, by a two-thirds vote of all the members elected to the city council, and the said resolution, or a copy thereof, certified by the clerk of the city council as being a true copy, shall be posted in the said special assessment roll and shall constitute conclusive authority for the change so made. Sec. 37m. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.150 which shall be known as section 10.155 and shall read as follows:
|
κ1945 Statutes of Nevada, Page 423 (CHAPTER 223, AB 102)κ
|
follow section 10.150 which shall be known as section 10.155 and shall read as follows: Section 10.155. In construing the powers of sections 10.15 to 10.150 of article XII, anything in this act contrary thereto, shall not be deemed in conflict with the provisions of said powers. Sec. 38. The above-entitled act is hereby amended by repealing section 10d of Article XII. Sec. 39. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10c fourth and which shall be known as section 10.200 and shall read as follows: Section 10.200. The city council shall have the power to regulate, restrain, and prohibit the running at large within the corporate limits of dogs, cattle, horses, swine, sheep, goats, geese, chickens, and other fowls and animals, and to impound them and upon notice to the owners, if known, to authorize the sale or other disposition of them and to authorize the disposition of dogs when running at large contrary to the provisions of any ordinance and to contract with individuals or corporations for the enforcement of ordinances enacted pursuant to this section. Sec. 40. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.200 which shall be known as section 10.205 and which shall read as follows: Section 10.205. The city council shall have the power to prevent riot, noise and disturbance, indecent and disorderly conduct or assemblages; to protect the property of the city and its inhabitants; to restrain and prohibit the distribution, sale, and exposure for sale of books, papers, pictures, periodicals, or advertising matter of an obscene or immoral nature; to provide for the punishment of all lewd and lascivious behavior in the streets and other public places; to provide for the punishment of persons disturbing the peace and good order and quiet of the city by clamor and noise, by intoxication, drunkenness, fighting, committing assault, assault and battery, using obscene or profane language in the streets and other public places to the annoyance of the citizens, or otherwise violating the public peace; to provide for the punishment of any vagrant or of any person who practices any trick, game, or device with intent to swindle or of any suspicious person who cannot give a reasonable account of himself. Sec. 41. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.205 which shall be known as section 10.210 and shall read as follows: |
Powers not in conflict
Certain section repealed
Power of city council concerning animals and fowls
Additional powers of city council |
κ1945 Statutes of Nevada, Page 424 (CHAPTER 223, AB 102)κ
|
To prohibit and suppress use of narcotic drugs
Conduct elections and designate polling places
Regulate speed, travel and traffic of automobiles, cars and other vehicles |
Section 10.210. The city council shall have the power to prohibit and suppress the use, possession, sale, gift, or other disposition of narcotic drugs in the city, or cannabis indica, cocaine, opium, yen shee, morphine, marihuana, codeine, heroin, anhalonium (peyote or mescal button), and any other such drug not herein mentioned, whether similar thereto or not, and to punish any person using, possessing, selling, giving away, or otherwise disposing of any of said drugs. Sec. 42. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.210 which shall be known as section 10.215 and which shall read as follows: Section 10.215. The city council shall have the power to provide for conducting all city elections, regular or special, establishing election precincts, changing the same, and appointing the necessary officers of election; provided, that the voters of any ward, in the discretion of the city council, may be divided into alphabetical groups, but no such group shall exceed in number of voters the number of voters prescribed for an election precinct by the general election laws, and the city council may designate the location of, and number of polling places in each ward. Sec. 43. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.215 which shall be known as section 10.220 and which shall read as follows: Section 10.220. The city council shall have power to regulate the speed at which cars, automobiles, bicycles, and other vehicles may run within the city limits; to regulate and prohibit travel and traffic upon the streets, sidewalks, and alleys of the city; to regulate the use of streets and alleys by vehicles of all sorts; to suppress, regulate, and control the stopping and parking of vehicles on the streets and alleys and to cause the removal of vehicles parked an unreasonable length of time on the streets or alleys, such time to be determined by the city council; to provide and regulate the use of trailers or house trailers within the city limits and to establish parking grounds therefor within or without the city limits; and to prescribe the length of time any street may be obstructed by trains being made up of cars standing thereon, and to require railway companies, at the expense of said railway companies, either to erect safety gates and maintain the same, or to station flagmen or place such sufficient warning signals or signal bells on street crossings as may, in the judgment of the city council, be necessary; and to require street railway cars to be provided with modern fenders, and sufficient heat and other conveniences for the passengers and employees, and to have warning or signal bells rung at all street crossings, and generally to regulate and control the same for the comfort, safety, and security of pedestrians and the traveling public. |
κ1945 Statutes of Nevada, Page 425 (CHAPTER 223, AB 102)κ
|
warning or signal bells rung at all street crossings, and generally to regulate and control the same for the comfort, safety, and security of pedestrians and the traveling public. And the city council of the city of Reno is hereby vested with full power and authority to exercise the right of eminent domain in all cases where the same is deemed necessary to condemn a right of way for street or other public purposes over and across any railroad right of way; to regulate and prohibit sales or displays for sale or for advertising purposes or displays for any purpose, or advertising by radio, or loudspeaker, in, upon, about, or near any street, alley, sidewalk or public place in the city; to regulate and prohibit noises of all sorts in the city, or upon the streets, alleys, sidewalks or public places thereof; to regulate and prohibit the use of streets, alleys, sidewalks, public places, buildings and grounds for posting handbills, or advertisements, or the flying of flags or banners. Sec. 44. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.220 which shall be known as section 10.225 and which shall read as follows: Section 10.225. The city council shall have power to make all appropriations, examine and audit, reject or allow the accounts of all officers, or other persons having the care or custody of any city moneys or property, and to determine the fee or salary of such officer or person, except as herein otherwise provided; to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund. Sec. 45. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.225 which shall be known as section 10.230 and which shall read as follows: Section 10.230. The city council shall have the power to regulate and to fix and collect a license tax on all carts, drays, wagons, hackney coaches, omnibuses, automobiles, job wagons, and all other vehicles used for hire, to regulate the stands of all such vehicles, their rates of fare, to require schedules of rates to be posted on or in such public vehicles; to prohibit or regulate runners for hotels, taverns, or other businesses. Sec. 46. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.230 which shall be known as section 10.235 and which shall read as follows: Section 10.235. The city council of the city of Reno shall have the power, in order to decrease and prevent fire, the spread of fire, and fire waste, loss of life from fire and loss of life or damage to property, to prevent unsafe or improper construction or design or use of buildings, to provide for the inspection of the inside and outside of all buildings and premises and structures of any sort or nature; to create within the fire department of the city of Reno a bureau of fire prevention and to place the same under the direction of a captain of the fire department; to provide and require that the owner or occupant of any building shall remove any combustible or explosive or inflammable matter upon order of the captain of the bureau of fire prevention, and to provide for penalties for disobedience of such orders; to provide that the said bureau may close unsafe buildings or premises pending such removal and, if the owner or occupant fails to obey such order, the council may impose penalties for such failure and may have the necessary work done at the expense of the city and said expense shall be a lien on the parcel of real property on which said building is situate and if the cost thereof not be paid upon the completion of the work shall be made the subject of a special assessment roll in accordance with the provisions of this charter relating to special assessments and shall be collected in the same manner as taxes in accordance with the provisions of section 10c second of this charter; to require the installation and maintenance in such buildings as shall be designated of portable fire apparatus, such as axes, pikes, poles, hose reels, ladders, chemical extinguishers, a portable pump, and other similar appliances; to require the installation and maintenance in such buildings as shall be designated of standpipes, sprinkling systems, hose lines and other similar appliances; to provide for the keeping of all halls, doors, stairways, passageways, aisles, fire escapes, and exits in such repair, and so free from obstruction, as to provide in case of fire, full, free, safe and adequate means of escape for those people who use, frequent, or are employees in such buildings or other structures and to provide that such bureau may prohibit the use of such buildings so long as such requirements are not fulfilled. |
Council vested to exercise right of eminent domain
May examine accounts of officers
License tax to regulate vehicles used for hire |
κ1945 Statutes of Nevada, Page 426 (CHAPTER 223, AB 102)κ
|
Bureau of fire prevention authorized
Duties of bureau
Portable fire apparatus may be installed
Regulate manufacture of fireworks, gun powder, and other explosives |
shall have the power, in order to decrease and prevent fire, the spread of fire, and fire waste, loss of life from fire and loss of life or damage to property, to prevent unsafe or improper construction or design or use of buildings, to provide for the inspection of the inside and outside of all buildings and premises and structures of any sort or nature; to create within the fire department of the city of Reno a bureau of fire prevention and to place the same under the direction of a captain of the fire department; to provide and require that the owner or occupant of any building shall remove any combustible or explosive or inflammable matter upon order of the captain of the bureau of fire prevention, and to provide for penalties for disobedience of such orders; to provide that the said bureau may close unsafe buildings or premises pending such removal and, if the owner or occupant fails to obey such order, the council may impose penalties for such failure and may have the necessary work done at the expense of the city and said expense shall be a lien on the parcel of real property on which said building is situate and if the cost thereof not be paid upon the completion of the work shall be made the subject of a special assessment roll in accordance with the provisions of this charter relating to special assessments and shall be collected in the same manner as taxes in accordance with the provisions of section 10c second of this charter; to require the installation and maintenance in such buildings as shall be designated of portable fire apparatus, such as axes, pikes, poles, hose reels, ladders, chemical extinguishers, a portable pump, and other similar appliances; to require the installation and maintenance in such buildings as shall be designated of standpipes, sprinkling systems, hose lines and other similar appliances; to provide for the keeping of all halls, doors, stairways, passageways, aisles, fire escapes, and exits in such repair, and so free from obstruction, as to provide in case of fire, full, free, safe and adequate means of escape for those people who use, frequent, or are employees in such buildings or other structures and to provide that such bureau may prohibit the use of such buildings so long as such requirements are not fulfilled. To provide regulations for the manufacture, transportation, storage, sale or use of all fire works, gun powder, dynamite and other explosives, gas under pressure, all inflammable substances, inflammable liquids and all other inflammables and all other products, drugs, chemicals, and generally, all substances which may be dangerous or likely to cause fire or injury to life or property in case of fire. Any owner, agent, or occupant interested, who may feel himself aggrieved by an order of said bureau of fire prevention, which requires a substantial alteration or repair, or the removal of any substantial portion or portions of any building, may within ten (10) days after the service of the order as hereinafter provided, present his petition to the city council of the city of Reno and the said city council shall fix a time for a hearing and may suspend such order pending hearing and thereafter at the time fixed for the hearing the said city council shall hear and determine the said appeal and make such order as right and justice may require. |
κ1945 Statutes of Nevada, Page 427 (CHAPTER 223, AB 102)κ
|
removal of any substantial portion or portions of any building, may within ten (10) days after the service of the order as hereinafter provided, present his petition to the city council of the city of Reno and the said city council shall fix a time for a hearing and may suspend such order pending hearing and thereafter at the time fixed for the hearing the said city council shall hear and determine the said appeal and make such order as right and justice may require. All orders issued by the bureau of fire prevention directed to the owner of any premises shall be served by affixing a copy of such order to a conspicuous place on the building referred to in such order and by the prepaid mailing of a copy thereof to the owner or owners whose address is known or may be ascertained by said department. If, after a reasonably diligent search, the address or addresses of the owner or owners cannot be ascertained, said order shall, in addition to posting, be served upon the agent or the tenant or a tenant, or other responsible occupant of said building. All orders directed to the occupant shall be served in the manner above specified, and, in addition thereto, by handing a copy thereof to the occupant of the premises, if there be one. Sec. 46a. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.235 and which shall be known as section 10.236 and shall read as follows: Section 10.236. The city council shall have the power by resolution to accept and receive in behalf of the city, any money or property donated, devised or bequeathed to the city and to carry out the terms of the donation, devise, or bequest, if within the powers granted to the city by this charter or by law, or in the absence of such terms, to expend or use the same for such municipal purpose as shall be determined by the city council. To accept from any federal agency grants for or in aid of the construction of any public works project. To make contracts and execute instruments containing such terms, provisions, and conditions as in the discretion of the city council may be necessary, proper or advisable for the purpose of obtaining grants or loans, or both, from any federal agency pursuant to, or by virtue of any act of the Congress of the United States of America; to subscribe to and comply with the terms of any such act and with the rules and regulations made by any federal agency with regard to any grants or loans, or both, from any federal agency. Sec. 47. The above-entitled act is hereby amended by repealing section 10j of article XII. Sec. 48. The above-entitled act is hereby amended by adding to article XII thereof a new section which shall immediately follow section 10i seventh thereof and shall be known as section 10.475 and shall read as follows:
|
Disgruntled owner or agent may petition council
Orders of bureau, how served
City council may accept donations or bequests
Federal grants acceptable |
κ1945 Statutes of Nevada, Page 428 (CHAPTER 223, AB 102)κ
|
City council may institute, maintain, or defend court action
May hold, improve, or sell public grounds, parks, etc.; proviso
Regulation of shade trees and ornamental shrubbery
Care of plots between sidewalks and roadways |
adding to article XII thereof a new section which shall immediately follow section 10i seventh thereof and shall be known as section 10.475 and shall read as follows: Section 10.475. The city council shall have the power to institute and maintain any suit or suits, civil or criminal in the name of the city, in the proper court, whenever necessary, in the judgment of the city council, to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city. Sec. 49. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.475 which shall be known as section 10.480 and shall read as follows: Section 10.480. The city council shall have the power to hold, improve, manage, and use and dispose of all public grounds, parks, recreation centers, and all real and personal property of the city, but no sales of property belonging to the city shall be made until after it shall have been appraised by three disinterested appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five percent of such appraised value; provided, however, that any property belonging to the city may be disposed of to the United States of America, the State of Nevada, or the county of Washoe, or any other political subdivision of the State of Nevada, at a nominal consideration whenever the public interest requires such a disposition. Sec. 50. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.480 which shall be known as section 10.485 and which shall read as follows: Section 10.485. The city council shall have the power to regulate the planting, trimming, and preservation of shade trees in the streets, alleys, public grounds and places, and to provide for the planting, removal, trimming, and preservation of such trees and other ornamental shrubbery, and to prescribe the punishment for the injury to any such tree or shrub. Sec. 51. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.485 which shall be known as section 10.490 and which shall read as follows: Section 10.490. The city council shall have the power, upon receipt of a petition of the owners of a majority of the frontage abutting upon any street or part thereof, by ordinance, to require or provide, or adopt general law or laws for the planting, maintenance, or care of plots between the sidewalk and roadway in such street or part thereof, and the cost thereof shall be a lien and charge upon the abutting property, and in default of payment of such sum the same shall be the subject of a special assessment roll and collected as other special assessments. |
κ1945 Statutes of Nevada, Page 429 (CHAPTER 223, AB 102)κ
|
property, and in default of payment of such sum the same shall be the subject of a special assessment roll and collected as other special assessments. Sec. 52. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.490 which shall be known as section 10.495 and which shall read as follows: Section 10.495. The city council shall have the power, by ordinance, to require or provide for the removal of grass, weeds, trees, or other obstructions or hazards to life or property from the sidewalks, parking strips or streets and to make the same a lien or charge against the abutting property and in default of the payment of said cost upon the completion of such work the same shall be made the subject matter of a special assessment roll and be collected as other special assessments. Sec. 53. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.495 which shall be known as section 10.500 and which shall read as follows: Section 10.500. Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto. Sec. 54. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.500 which shall be known as section 10.505 and which shall read as follows: Section 10.505. The city council shall have the power to extend the exterior boundaries or limits of the city so as to annex or include therein additional lands with the tenements, property, and inhabitants thereof, by the passage of an ordinance declaring said territory to be annexed; provided, that the majority of the property owners of the district proposed to be annexed first petition the city council to annex said territory; and provided further, that when the city council of the city of Reno deems it necessary to annex additional territory to said city of Reno, and the inhabitants of said territory have not petitioned for annexation, that the said city council shall pass a resolution declaring its intention to annex said territory, describing said territory to be annexed, and ordering a plat of the same to be filed in the office of the city clerk of said city, and notice to be given as to the time when the city council shall hear objections to the annexation of said territory on the part of the freeholders residing therein, and the residents of said city; said notice to be published one week in a newspaper in said city of Reno, and to be posted in at least three public places in said district to be annexed, and to be mailed to all known freeholders in said district sought to be annexed, citing them to appear and show cause, on the date named, why said land should not be annexed to said city, and giving the reasons why the said land should be annexed to said city; and provided further, that after said hearing if a majority of the freeholders residing in said territory sought to be annexed do not protest, the said city council shall pass an ordinance declaring said property to be annexed to, and be a part of, the said city of Reno, and shall order a plat showing said territory to be recorded in the office of the county recorder of the county of Washoe, and said territory shall then be a part of the said city of Reno and subject to all taxes and laws thereof; and provided further, that in the event a majority of the freeholders in said territory sought to be annexed protest against the annexation of said territory, that it will require a five-sixths (5/6) vote of the council to pass said ordinance annexing said territory to the said city of Reno. |
May, by ordinance, provide for removal of hazards to life and property
Property may be condemned
Council may extend city limits; provisos |
κ1945 Statutes of Nevada, Page 430 (CHAPTER 223, AB 102)κ
|
Council may extend city limits; provisos
To prohibit or regulate amusements and public demonstrations
Council may fix yearly budget for publicity |
be annexed, and to be mailed to all known freeholders in said district sought to be annexed, citing them to appear and show cause, on the date named, why said land should not be annexed to said city, and giving the reasons why the said land should be annexed to said city; and provided further, that after said hearing if a majority of the freeholders residing in said territory sought to be annexed do not protest, the said city council shall pass an ordinance declaring said property to be annexed to, and be a part of, the said city of Reno, and shall order a plat showing said territory to be recorded in the office of the county recorder of the county of Washoe, and said territory shall then be a part of the said city of Reno and subject to all taxes and laws thereof; and provided further, that in the event a majority of the freeholders in said territory sought to be annexed protest against the annexation of said territory, that it will require a five-sixths (5/6) vote of the council to pass said ordinance annexing said territory to the said city of Reno. Sec. 55. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.505 which shall be known as section 10.510 and which shall read as follows: Section 10.510. The city council shall have the power to prohibit or regulate and license circuses, carnivals, and other theatrical exhibitions, public shows, athletic games of whatever name or nature for which money is received and to prohibit or regulate public parades through the streets of the city and public demonstrations or orations on the sidewalks, streets, or other public places. Sec. 56. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.510 which shall be known as section 10.515 and which shall read as follows: Section 10.515. The city council shall have the power to each year fix in the budgets of the city and specifically appropriate a fund in a reasonable amount to be used for the purpose of publicity or advertising of the city or similar purposes. To appoint or designate a committee, composed of members not otherwise connected with the city government, to determine upon advertising of the city. The city council shall not use or advance any moneys whatsoever for any advertising or publicity not first approved by said committee, and in no event shall the city council use or advance any city moneys in any one year in excess of the amount budgeted and appropriated for such year, as aforesaid. Sec. 57. Article XII of the above-entitled act is hereby amended by adding thereto a new section to be known as section 10.525 which shall immediately follow section 10.520 and which shall read as follows:
|
κ1945 Statutes of Nevada, Page 431 (CHAPTER 223, AB 102)κ
|
amended by adding thereto a new section to be known as section 10.525 which shall immediately follow section 10.520 and which shall read as follows: Section 10.525. The city council shall have the power to grant an exclusive franchise to any person, firm, association, or corporation to operate and maintain a bus line in the city of Reno, such franchise to be granted only upon the terms which shall be abvantageous to the city of Reno; to extend, prior to the expiration of such franchise, the duration or term of such franchise for such additional period and upon such terms as shall be deemed advantageous to the city of Reno, and to fix and prescribe and change the fares to be charged by such franchise holder. Sec. 58. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.525 to be known as section 10.530 and which shall read as follows: Section 10.530. The city council shall have the power to regulate and restrict the height, number of stories and size of buildings, and other structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open spaces, the location and use of buildings, structures, and land for trade, industry, residence, or other purposes, and to establish lines designating the distance at which buildings shall be erected from the property line of any lot or lots in the said city. To regulate the types of structures or buildings which may be constructed in specified districts of the city to be designated by the city council. For any and all of said purposes, the city council may, by ordinance, divide the city into districts of such number, shape, and area as may be deemed suitable to carry out the purposes of this section; and within districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. All such regulations shall be reasonable and uniform for each class or kind of buildings throughout each district and for the kind and class of business or industry carried on in each district, but the regulations in one district may differ from those in other districts. All regulations shall be made in accordance with a comprehensive plan, and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers; to protect property and promote the health, safety and general welfare; to provide adequate light and air; to prevent the overcrowding of land; and to conserve the value of the buildings and structures in said district. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of property and encouraging the most appropriate use of land throughout said city. |
Council to grant franchise for city bus line
Regulate and restrict height of buildings, number of stories, etc.
Regulations to be reasonable and uniform |
κ1945 Statutes of Nevada, Page 432 (CHAPTER 223, AB 102)κ
|
Boundaries of district may be changed after public hearing
Council to regulate sale of food products
Acquire municipal air port or field
Regulate installation of sewers
To license machines located in public places or business establishments
Pension for city employees of Reno |
district and its peculiar suitability for particular uses, and with a view of conserving the value of property and encouraging the most appropriate use of land throughout said city. The city council shall likewise provide for districts of quiet to protect the public health. The boundary of any district or districts in this section mentioned may from time to time be amended, supplemented or changed, but such amendment, supplement, or change shall only be made after a public hearing in relation thereto. Notice of such hearing shall be given by one publication at least one week prior to such hearing. Sec. 59. Article XII of the above-entitled act is hereby amended by adding thereto a new section to immediately follow section 10.530 which shall be known as section 10.535 and which shall read as follows: Section 10.535. The city council shall have the power to regulate the possession, sale, or other disposition of, and provide for the inspection of, dairy products, foodstuffs and food products. To purchase, lease or otherwise acquire, build or construct, rebuild or reconstruct a municipal air port or air field within or without the city limits. To regulate the installation and construction of sewers or sewer systems outside the city limits which are to be connected to city sewer lines or mains. Sec. 60. Article XII of the above-entitled act is hereby amended by adding thereto a new section which shall immediately follow section 10.535 to be known as section 10.540 and which shall read as follows: Section 10.540. The city council shall have the power to regulate and license vending machines, music vending machines, and mechanical amusement devices and machines, of all types and descriptions, located in public places or in business establishments. Sec. 60a. Section 10k of article XII of the above-entitled act is hereby amended to read as follows: Section 10k. The city council of the city of Reno may provide by ordinance for a pension fund for the payment of pensions to elective and appointive officers and employees of the city of Reno who have been in the service or employ of said municipal government for a period of twenty-five (25) years, or who have been in the service or employ of said municipal government for a period of twenty (20) years, if said officer or employee has reached the age of sixty (60) years, and is physically or mentally disabled, and the city council shall in said ordinance creating said pension fund set aside annually not to exceed five (5%) percent of the taxes collected annually for general purposes in said city for the creation of said pension fund; provided, that all persons desiring to avail themselves of the benefits of this section shall pay to the city five (5%) percent of their monthly salaries, but if any person paying such percentage of his salary to the city is discharged from his employ or if he resigns therefrom, or in case of an appointive officer if he be not reappointed upon the expiration of his term of office, or in case of an elective officer if he be not reelected upon the expiration of his term of office, he shall be entitled to withdraw from such pension fund the amount he has paid thereinto; provided, that if the money so set aside for said fund is greater than the amount necessary and is not disbursed for said purpose, upon order of the city council such excess may be invested in bonds issued by the city of Reno, the county of Washoe, the State of Nevada, or the United States of America, or may be invested in an interest savings account in a bank in the city of Reno; and provided further, that the pension granted to any officer or employee by said ordinance shall not exceed fifty (50%) percent of the average amount of the monthly wages or salary which said officer or employee had been paid during the five years next preceding the time said officer or employee is pensioned, unless such officer or employee shall have been in the employ of the city for more than twenty-five (25) years and shall not have attained the age of sixty (60) years, in which event the city may authorize the payment to such employee of an additional one (1%) percent over and above said fifty (50%) percent for each year of service with the city over and above said period of twenty-five (25) years before such employee shall reach the age of sixty (60) years, but in no event shall the amount of the pension granted exceed fifty-five (55%) percent of the average monthly wage or salary received by such employee during the five (5) years immediately preceding the time said officer or employee is pensioned. |
κ1945 Statutes of Nevada, Page 433 (CHAPTER 223, AB 102)κ
|
taxes collected annually for general purposes in said city for the creation of said pension fund; provided, that all persons desiring to avail themselves of the benefits of this section shall pay to the city five (5%) percent of their monthly salaries, but if any person paying such percentage of his salary to the city is discharged from his employ or if he resigns therefrom, or in case of an appointive officer if he be not reappointed upon the expiration of his term of office, or in case of an elective officer if he be not reelected upon the expiration of his term of office, he shall be entitled to withdraw from such pension fund the amount he has paid thereinto; provided, that if the money so set aside for said fund is greater than the amount necessary and is not disbursed for said purpose, upon order of the city council such excess may be invested in bonds issued by the city of Reno, the county of Washoe, the State of Nevada, or the United States of America, or may be invested in an interest savings account in a bank in the city of Reno; and provided further, that the pension granted to any officer or employee by said ordinance shall not exceed fifty (50%) percent of the average amount of the monthly wages or salary which said officer or employee had been paid during the five years next preceding the time said officer or employee is pensioned, unless such officer or employee shall have been in the employ of the city for more than twenty-five (25) years and shall not have attained the age of sixty (60) years, in which event the city may authorize the payment to such employee of an additional one (1%) percent over and above said fifty (50%) percent for each year of service with the city over and above said period of twenty-five (25) years before such employee shall reach the age of sixty (60) years, but in no event shall the amount of the pension granted exceed fifty-five (55%) percent of the average monthly wage or salary received by such employee during the five (5) years immediately preceding the time said officer or employee is pensioned. The council may further, by ordinance, provide the number of days of employment or service which shall be deemed to constitute service for one year, for the purpose of determining eligibility for pension benefits, and the council may further require that all officers or employees of the city of Reno who are within the provisions of this charter relating to civil service, shall pay to the pension fund of the city five (5%) percent of their monthly salary or wages. The city council may, by ordinance, further provide that in the event of the death of any officer or employee receiving or eligible to receive a pension in accordance with the provisions of this section who shall leave surviving him a widow to whom he had been married for a period of not less than five (5) years prior to the date when he became eligible to receive said pension, then, and in that event, fifty (50%) percent of the pension which such officer or employee was receiving or entitled to receive at the time of his death shall be paid to his widow during the remainder of her life or until she shall remarry. |
Employees to pay five percent of monthly salary; proviso
Amount of pension subject to certain conditions
Council may prescribe number of days constitute one year
When surviving widow may draw pension |
κ1945 Statutes of Nevada, Page 434 (CHAPTER 223, AB 102)κ
|
Disability benefits |
had been married for a period of not less than five (5) years prior to the date when he became eligible to receive said pension, then, and in that event, fifty (50%) percent of the pension which such officer or employee was receiving or entitled to receive at the time of his death shall be paid to his widow during the remainder of her life or until she shall remarry. Sec. 60b. Section 10m of article XII of the above-entitled act is hereby amended to read as follows: Section 10m. The city council of the city of Reno may provide by ordinance that if any officer or employee of the city of Reno who is employed under the provisions of this charter relating to civil service shall become disabled as the result of injuries incurred in the performance of one or more specific acts of duty in the course of his employment, so that in the opinion of both the city council and the civil service commission, such officer or employee can no longer be employed in any position under civil service in the city, then and in that event any such officer or employee shall receive disability benefits to be paid from the pension fund of the city in an amount which shall not exceed the following: If such officer or employee shall not have five (5) years of service prior to sustaining the injury or injuries resulting in said disability, not to exceed thirty (30%) percent of his average wage or salary for the period preceding such injury or injuries; if such officer or employee shall have five (5) years and not ten (10) years of service prior to sustaining said injury or injuries, not to exceed thirty-five (35%) percent of the average wage or salary received during the five (5) years next preceding such injury; if such employee shall have ten (10) years and not fifteen (15) years of service prior to sustaining said injury or injuries, not to exceed forty (40%) percent of the average wage or salary received during the five (5) years next preceding such injury; if such officer or employee shall have fifteen (15) years and not twenty (20) years of service prior to sustaining said injury or injuries, not to exceed forty-five (45%) percent of the average wage or salary received during the five (5) years next preceding such injuries; if such officer or employee shall have twenty (20) years or more of service prior to sustaining said injury or injuries, not to exceed fifty (50%) percent of the average wage or salary received during the five (5) years next preceding such injury; provided, however, that if such officer or employee shall have been in such employment by the city for more than twenty-five (25) years and shall not have attained the age of sixty (60) years he shall be entitled to receive an additional one (1%) percent over and above said fifty (50%) percent for each year of service with the city over said period of twenty-five (25) years before such employee shall reach the age of sixty (60) years, but in no event shall the amount of such disability benefit exceed fifty-five (55%) percent of the average monthly wage or salary received by such employee during the five (5) years immediately preceding the time of such injury or injuries. |
κ1945 Statutes of Nevada, Page 435 (CHAPTER 223, AB 102)κ
|
event shall the amount of such disability benefit exceed fifty-five (55%) percent of the average monthly wage or salary received by such employee during the five (5) years immediately preceding the time of such injury or injuries. The council may by ordinance further provide the number of days of employment or service which shall be deemed to constitute service for one year for the purpose of determining eligibility for disability benefits. The council may further provide by ordinance that in the event of the death of any officer or employee receiving disability benefits under the provisions of this section and who shall leave surviving him a widow to whom he had been married for a period of not less than five (5) years prior to the date upon which he became eligible to receive said disability benefits, then, in that event, fifty (50%) percent of the disability benefits to which the officer or employee was entitled at the time of his death shall be paid to such widow during the remainder of her life or until she shall remarry. Sec. 60c. Section 11 of article XII of the above-entitled act is hereby amended to read as follows: Section 11. Whenever there shall be presented to the council a petition signed by a number of the qualified city electors equal to fifteen percent of the votes cast in the city at the next preceding general city election, praying that a proposed ordinance or ordinances, to be set out in full in such petition, be submitted to a vote of the electors of the city, the council shall within sixty days after the filing of the petition vote upon its adoption, and if it fails of adoption such proposed ordinance or ordinances must be submitted to the vote of the electors of the city at the next general city election, unless said ordinance or ordinances shall have been adopted more than thirty days prior to such election. Sec. 60d. Section 12 of article XII of the above-entitled act is hereby amended to read as follows: Section 12. Whenever there shall be presented to the council a petition signed by a number of qualified city electors equal to thirty percent of the votes cast at the next preceding general city election praying that a proposed ordinance or ordinances, to be set out in full in such petition, be submitted to a vote of the electors of the city at a special election to be called for the purpose, the council shall within sixty days after the filing of the petition vote upon its adoption, and if it fails of adoption such special election must be called within ninety days after such petition shall have been received by the council, and such proposed ordinance or ordinances must be submitted to the vote of the city electors thereat, unless the council shall, within thirty days after having received said petition, duly adopt such ordinance or ordinances. |
Council may prescribe number of days constitute one year
When surviving widow may draw pension
Duty of council regarding a petition signed by fifteen percent of the voters
Duty of council regarding a petition signed by thirty percent of the voters |
κ1945 Statutes of Nevada, Page 436 (CHAPTER 223, AB 102)κ
|
Salary of police judge
Number plate of auto used as evidence in case of ordinance violation
Procedure of council when granting a franchise
Resolution to be published |
Sec. 61. The above-entitled act is hereby amended by amending section 9 of Article XIV to read as follows: Section 9. The police judge shall receive a salary of two thousand four hundred dollars per annum, payable monthly. Sec. 62. The above-entitled act is hereby amended by adding a new section to article XIV thereof by adding a new section to immediately follow section 9 and which shall be known as section 10 which shall read as follows: Section 10. In any proceeding for the violation of the provisions of any ordinance of the city involving a motor vehicle, the registration plate displayed on such vehicle shall be received as prima-facie evidence that the registered owner of such vehicle was then operating the same. If, at any hearing or proceeding, the registered owner shall testify, under oath, that he was not operating the said vehicle at the time of the alleged violation of such ordinance and shall submit himself to an examination as to who, at that time, was operating such motor vehicle and reveal the name of the person, or show that said vehicle was stolen, then the prima-facie evidence arising from the registration plate shall be overcome and renewed and the burden of proof shifted. In any case of violation of a city ordinance in which a motor is involved it shall be lawful for a police officer to remove the registration plate from such vehicle. Sec. 63. Section 2 of article XVIII of the above-entitled act is hereby amended to read as follows: Section 2. The council shall have the power, by ordinance, to grant any franchise, or at any time prior to the expiration of any such franchise to extend its term for a specified period, but no ordinance for such purpose shall be valid or effective unless the council shall first pass a resolution which shall set forth fully and in detail the manner of making application for, the purpose and character of, terms, time and conditions of the proposed franchise or the term of the proposed extension and the terms upon which the same will be granted. Such resolution may be passed at a general or special meeting called for that purpose. Such resolution shall be published once, in full, in some newspaper published in the city. At the second regular meeting of the council after the publication of the resolution the council shall, unless a petition shall be received by it as in the next section provided, proceed to pass an ordinance for the granting or extending of the franchise; provided, that such franchise shall be granted or extended only on the same terms and conditions in all respects as expressed in the resolution as published, otherwise such ordinance shall be null and void; provided further, that the council shall dispose of such franchise after it has been created by said resolution and ordinance only to the person or persons offering the best and most advantageous terms to the city. |
κ1945 Statutes of Nevada, Page 437 (CHAPTER 223, AB 102)κ
|
ordinance only to the person or persons offering the best and most advantageous terms to the city. Sec. 64. Section 4 of article XVIII of the above-entitled act is hereby amended to read as follows: Section 4. The city council shall have the power to contract an indebtedness on behalf of the city, and upon the credit thereof, by borrowing money or issuing the negotiable interest-bearing bonds of the city for the purpose of providing a fund for such purpose or purposes as may be determined by the governing body, subject however, to constitutional limitations. No such indebtedness shall be credited except by ordinance, which shall be irrepealable until the indebtedness therein provided for shall be fully paid, which ordinance shall specify the purpose to which the funds to be raised shall be applied, and shall provide for the levying of a tax sufficient to pay the annual interest and extinguish the principal of such debt within the time limited for the debt to run, which shall not be less than ten nor more than twenty years, and providing the said tax when collected shall be applied only to the purpose in said ordinance specified until the indebtedness shall be paid and discharged. If said ordinance proposes to issue bonds for any purpose other than the construction of storm sewers or sanitary sewers or a sewage disposal plant, or if said bonds are not to be secured by pledge of revenues or a portion of revenues to be received by the city from the particular project to be acquired, constructed, reconstructed, or repaired with the funds to be derived from the sale of such proposed bonds, or if said bonds are not to be secured by special assessment to be levied on real property, then, if within a period of sixty days from the date of the passage, approval, and publication of such ordinance, a petition shall be presented to the city council signed by not less than ten percent of the persons voting at the last municipal election, at least one-half of whom shall then be property owners within the city, it shall be the duty of the council to submit said proposed ordinance to the people at the next municipal election or the council may call a special election as soon as practicable for the purpose of submitting said proposed ordinance to the people, such election to be held and conducted as nearly as possible in the same manner as an election for city officers. Notice of such election shall be given in some newspaper published in the city, which notice shall be printed underneath the proposed ordinance and refer to the same, and the notice and proposed ordinance shall be so published, together, two times in a daily newspaper published in the city, the second publication being at least one week before such election shall be had. The council may in due time make provision for holding such special election, and the city clerk shall prepare, at the expense of the city, suitable printed stationery for use as ballots which shall contain a brief statement of the ordinance, underneath which shall be printed For the Ordinance and Against the Ordinance. |
City council may contract indebtedness
Indebtedness to be created by ordinance
Notice and proposed ordinance to be published |
κ1945 Statutes of Nevada, Page 438 (CHAPTER 223, AB 102)κ
|
Bonds to be issued and sold under state laws
Civil service commission created
Duties of council |
and the city clerk shall prepare, at the expense of the city, suitable printed stationery for use as ballots which shall contain a brief statement of the ordinance, underneath which shall be printed For the Ordinance and Against the Ordinance. The council shall appoint suitable and competent persons to act as inspectors at such election, and shall do all other things and acts necessary to fully carry out the purposes and intent thereof; provided, that said election shall be held and said bonds shall be issued and sold only in conformity with all state laws upon the subject, applicable to the city of Reno, and especially An act relating to bond elections, providing for the manner of holding the same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto, approved March 16, 1937, as the same may be from time to time amended, or any substitution therefor, and An act relating to bonds issued by counties, cities, towns, school districts, and other municipal corporations, and repealing all acts and parts of acts in conflict therewith, approved March 23, 1927, as the same may be from time to time amended, or a substitution therefor. The council shall, within five days after such special or regular election, canvass and declare the result by resolution, and if such proposed ordinance carried at said election, such ordinance shall thenceforth be of full force and effect. Sec. 64a. Section 1 of article XX of the above-entitled act is hereby amended to read as follows: Section 1. There shall be a civil service commission of the city of Reno, Nevada. The present members of the civil service commission of Reno, Nevada, appointed pursuant to the provisions of chapter 95, Statutes of Nevada 1939, approved March 20, 1939, shall serve as the members of the civil service commission of the city of Reno, Nevada, until the expiration of their respective terms of office as provided in said chapter 95, Statutes of Nevada 1939. Thereafter said civil service commission shall consist of three citizens, not more than two of whom shall at any time belong to the same political party. It shall be the duty of the city council, upon the expiration of the terms provided for in said chapter 95, Statutes of Nevada 1939, to appoint three members of said commission, designating the term of office of each, one to hold one year, one to hold two years, one to hold three years, and until their respective successors shall be appointed and qualified. Thereafter the term of office of each of the members of said commission shall be three years from the second Monday in July and until his successor is appointed and qualified. Every person appointed a member of said commission shall, before entering upon the duties of his office, take and subscribe the oath of office prescribed by the constitution of the state, and file the same, duly certified by the officer administering it, with the clerk of the city. |
κ1945 Statutes of Nevada, Page 439 (CHAPTER 223, AB 102)κ
|
state, and file the same, duly certified by the officer administering it, with the clerk of the city. No person shall be eligible for appointment as a member of such commission, and no person shall continue as a member of such commission, unless he shall be a resident and taxpayer of the city of Reno, who shall otherwise have no connection with the city government and who shall hold no elective office. Vacancies on the said civil service commission from whatever cause shall be filled by the city council by appointment of a successor for the unexpired term. Members of said commission shall serve without compensation Sec. 65. Section 5 of article XX of the above-entitled act is hereby amended to read as follows: Section 5. The term of office of the chief of police, chief of the fire department, city engineer, or head of other department, shall be during the pleasure of the city manager, if there be one, or otherwise during the pleasure of the mayor and city council; provided, however, that such officer shall only be removed from office after a hearing. Sec. 66. Section 9 of article XX of the above-entitled act is hereby amended to read as follows: Section 9. No member of the police department, fire department or other department within the provisions of this article shall be suspended for a term of exceeding thirty days or discharged by the chief or head of any department within the provisions of this article except as provided herein. Sec. 67. Section 11 of article XX of the above-entitled act is hereby amended to read as follows: Section 11. The city manager, if there be one, otherwise the chief or other head of any department may discharge or suspend without pay any employee in his department for the betterment of the service or for other justifiable cause, but if he shall discharge or suspend any employee without pay, or demote any member of his department he shall immediately report the same to the secretary of the commission, together with a complaint setting forth the reason for such demotion, discharge or suspension, and the name of the complainant, if other than the chief. Within ten (10) days after such discharge, demotion or suspension, the member so discharged, demoted or suspended may appeal from such order of discharge or suspension or demotion to the said commission by filing with the secretary thereof a notice of appeal in the following or similar form: To the civil service commission of Reno, Nevada: Please take notice that I appeal from the order or decision of the chief or head of the ............................................. department, demoting, discharging, or suspending me from service, which said order of demotion, discharge or suspension was made on the .................... day of ..................................., 19............. |
Certain persons not eligible
Certain heads of departments not removed before hearing
Members of departments suspended not to exceed thirty days
Department head may discharge or suspend
Discharged employee may appeal |
κ1945 Statutes of Nevada, Page 440 (CHAPTER 223, AB 102)κ
|
Freeholders may prefer charges
Duties of commission after trial
Loss of wages only in case action sustained
In effect |
Sec. 68. Section 14 of article XX of the above-entitled act is hereby amended to read as follows: Section 14. Duly verified charges may be filed with the commission, setting forth sufficient cause for the removal of any member of the police department, fire department, or other department within the provisions of this article, except the chiefs or heads thereof, by any person who shall then be a freeholder in, and resident of, the city, and who shall have been such a freeholder and resident continuously for more than five (5) years immediately preceding the filing of such verified charges. Upon the filing of such charges the commission shall immediately suspend such member and cause notice of the filing of such charges, with a copy thereof, to be forthwith served upon the accused, as herein provided, and set a time for the trial thereon. Sec. 69. Section 16 of article XX of the above-entitled act is hereby amended to read as follows: Section 16. Within three days after the conclusion of the trial and after a transcript of the proceedings shall have been filed with the commission, the commission shall, by a majority vote of its members determine whether by a preponderance of the evidence the charges were made for religious or political or personal reasons or whether the charges were made in good faith for the purpose of improving the public service. If the charges were made for religious, political or personal reasons the accused shall be immediately reinstated to his former position without prejudice. If the charges were made in good faith for the purpose of improving the public service the disciplinary action or removal shall be sustained. The decision and findings of the commission shall be in writing and shall be filed with the transcript of the evidence with the secretary of the commission. Sec. 70. Section 17 of article XX of the above-entitled act is hereby amended to read as follows: Section 17. No member of any department shall be deprived of any salary or wages for the period of time he may be suspended preceding a trial, unless such disciplinary action or removal shall be sustained. Sec. 71. This act shall be in full force and effect from and after its passage and approval. |
________
κ1945 Statutes of Nevada, Page 441κ
|
[Senate Bill No. 84Senators Russell and Farndale]
Chap. 224An Act to permit the state to assist, extend, and improve the care of persons in the active stages of tuberculosis being cared for at public expense in any approved tuberculosis facility in any of the counties in the state.
[Approved March 26, 1945]
Whereas, Tuberculosis has affected the State of Nevada and has caused deaths to the extent that the state places sixth to third highest in mortality in the nation from the disease; and Whereas, Providing proper sanitoria or preventoria care for those infected has proven effective in the control, cure, and prevention of tuberculosis; and Whereas, Some counties in the state find it difficult to provide proper facilities; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Definitions. State department means the state department of health. Tuberculosis facility means a ward, hospital, or preventorium maintained for the treatment of persons in the active stages of tuberculosis and operated in the manner indicated under The Control of Communicable Diseases, adopted August 25, 1943, by the Nevada state department of health. Pulmonary tuberculosis is an infectious and communicable disease dangerous to the public health. Sec. 2. Each county which maintains a tuberculosis facility for the treatment of persons in the active stages of tuberculosis shall receive from the state the sum of seven (7) dollars per week for each patient cared for in the facility at public expense who: (a) Is susceptible to tuberculosis. (b) Is unable to pay for his or her medical or hospital care. (c) Has no relative legally liable and financially able to pay for his or her support. (d) Has been for one year a bona fide resident of the county. Sec. 3. No county shall be entitled to receive the state aid unless the tuberculosis facility conforms to the regulations of, and is approved by, the state department. Sec. 4. The medical officer or superintendent of each tuberculosis facility receiving state aid under this act shall render semiannually to the state department a report under oath, showing for the period covered by the report: (a) The number of persons susceptible to tuberculosis cared for at public expense and unable to pay for care; |
Preamble
Definitions
Conditions for state aid
Approval by state department
Medical officer to report semiannually |
κ1945 Statutes of Nevada, Page 442 (CHAPTER 224, SB 84)κ
|
One county may contract with another
Pay patients admissible
Appropriation
In effect |
(b) The number of weeks each such patient has been treated. Sec. 5. Any county in the state wherein is located and maintained a tuberculosis facility approved by the state department, may contract with any other county for the care of persons in the active stages of tuberculosis, paying the actual per diem cost (less seven (7) dollars per week paid by the state) to the county wherein such facility is situated. Sec. 6. The tuberculosis facilities shall be allowed to receive pay patients. Sec. 7. For the purpose of carrying out the provisions of this act there is hereby appropriated out of any fund in the state treasury, not otherwise specifically allotted, the sum of ten thousand ($10,000) dollars. Sec. 8. This act shall become effective from and after its passage and approval. |
________
|
When not subject to personal liability
In effect |
[Senate Bill No. 83Senator Budelman]
Chap. 225An Act relating to the personal liability of directors, trustees, officers, agents, or employees of insurer in connection with the payment of taxes, licenses, or fees paid to the State of Nevada, and other matters pertaining thereto.
[Approved March 26, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No director, trustee, officer, or agent of any incorporated insurer shall be subject to personal liability by reason of any payment or any determination not to contest or seek recovery of any payment made subsequent to June 4, 1944, by or on behalf of such insurer on account of any tax, license, fee, deposit, or other charge paid pursuant to the terms of any statute, law, or ordinance of this or any other state, county, city, or taxing authority, unless prior to such payment or determination such statute, law, or ordinance shall have been expressly held invalid by the state court having final appellate jurisdiction in the premises or by the supreme court of the United States. Sec. 2. This act shall become effective from and after its passage and approval. |
________
κ1945 Statutes of Nevada, Page 443κ
|
[Senate Bill No. 123Committee on State Prison and Hospital for Mental Diseases]
Chap. 226An Act providing for the construction, equipment, and furnishing of certain new buildings and facilities at the Nevada state hospital for mental diseases, defining the duties of the commission entrusted with the care and maintenance of the Nevada state hospital for mental diseases, providing an appropriation therefor, and other matters relating thereto.
[Approved March 26, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of commissioners to which is entrusted the care and maintenance of the indigent insane of the State of Nevada, hereinafter referred to as the commission, is hereby authorized and directed to prepare plans for the initiation of a building program at the Nevada state hospital for mental diseases to consist of the construction, equipping, and furnishing of one male ward and one female ward and for the purchase and installation of a new central heating plant for the hospital, for which purpose there is set aside out of the appropriation hereinafter made the sum of two hundred thousand ($200,000) dollars, and for the construction, equipping, and furnishing of a hospital and admitting ward, for which purpose there is set aside the sum of one hundred fifty thousand ($150,000) dollars out of the funds hereinafter appropriated. Sec. 2. The commission shall without delay secure from a competent architect, skilled and experienced in planning buildings and facilities for the housing and treatment of insane persons, all necessary plans and estimates to the end that at such time as the actual building shall be begun all such plans and estimates shall and will be ready and available. For the purpose of securing such plans and estimates the commission is authorized to expend not to exceed five (5%) percent of the amount of money hereinafter appropriated. Sec. 3. There is hereby appropriated out of the State of Nevada postwar reserve fund the sum of three hundred fifty thousand ($350,000) dollars for the purpose of this act, which money shall be expended by the commission, upon claims approved by it, and ordered and approved as other claims against the state are allowed and paid. In order that the money herein appropriated may continue to be invested and draw interest until it is used, the state controller and the state treasurer are hereby authorized and directed to transfer this sum of money, when and as needed, from the state postwar reserve fund to a fund to be designated as the Nevada State Hospital Building Fund.
|
Commission to initiate plan for building program
Plans and estimates to be procured in advance
Appropriation
Duty of controller and treasurer |
κ1945 Statutes of Nevada, Page 444 (CHAPTER 226, SB 123)κ
|
Certain factors to be considered
Board to advertise for bids
Contractors to provide bonds |
state postwar reserve fund to a fund to be designated as the Nevada State Hospital Building Fund. Sec. 4. The state board of finance shall determine when the actual building program herein provided for shall begin, after a consideration of the following factors: (1) The purpose of the postwar reserve fund being to aid in the rehabilitation of veterans returning to Nevada and to cushion the state in its transition from war to peacetime industry and economy. (2) The availability of building material and equipment on the basis of quantity and cost. (3) The condition of the labor market particularly as to returning veterans, and (4) The general over-all interest of the people of the State of Nevada. Sec. 5. The state board of finance having determined upon a date for the commencement of the building program herein provided for, the commission shall without delay advertise for a period of three weeks in a newspaper of general circulation in the State of Nevada to be selected by the commission, for sealed bids for such construction, equipment, furnishing, plumbing, heating, and lighting and for any and all material required therefor, and for the work and labor incident thereto which it is necessary to employ, all in accordance with said plans and specifications so approved, and the modifications thereof found necessary in the course of construction. Said plans and specifications so approved shall be on file at a place and time to be stated in said advertisement for inspection of contractors desiring to bid thereon, and for others interested in the matter. Said commission may so advertise for sealed bids on either the whole or on a part, or on parts of such construction, furnishings, materials, and other work, and may let one contract for the whole thereof, or separate contracts for different and separate portions thereof, in its discretion, and according to the determination of the state board of finance. Said board shall let the contract or contracts herein authorized to be done to the lowest and best bidder or bidders therefor; provided, that any and all bids may, for a good reason, be rejected. Said commission shall provide in the contract or contracts so made and entered into for said construction and other work for the times and amounts of progress payments on said contract as the work progresses, but retain such stated portion of the contract price theretofore earned under said contract as said commission shall deem reasonable to protect the state until the completion and acceptance of the work by said commission. Good and sufficient bond to protect the state shall be required by the commission from all such contractors. |
κ1945 Statutes of Nevada, Page 445 (CHAPTER 226, SB 123)κ
|
Sec. 6. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
In effect |
________
|
[Senate Bill No. 51Senator Haight]
Chap. 227An Act creating a lien for the value of hay, grain, feed, pasture, or board furnished to certain animals, and providing a method for the foreclosure of such lien, and other matters properly connected therewith.
[Approved March 26, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any ranchman, or other person or persons, firm, company, or corporation, furnishing hay, grain, feed, pasture, or otherwise boarding any horse or horses, mule or mules, burro or burros, ox or oxen, sheep, goats, cattle or hogs, at the request, or with the consent of the owner, or its or his representatives, shall have a lien upon and may retain possession of same, or sufficient number thereof, until the sum due for such feed, pasture or board has been paid. The lien herein created shall be subordinate only to such other liens of third parties as have been placed on record, as required by law, in the county where the feed, pasture, or board, was, or is being furnished. Sec. 2. If such lien be not discharged by payment within thirty (30) days after the mailing, by the person, firm, company, or corporation furnishing the hay, grain, feed, or pasture, or who boarded the animals, of a registered letter to the last-known address of the owner or owners or purported owner or owners of such animals, demanding payment of all moneys due and owing for such feed, pasture, and board, and stating that if payment is not made the lien will be foreclosed by sale, the lien may be foreclosed in the following manner: A notice shall be posted for a period of ten (10) days in three public and conspicuous places in the county wherein the animals are being fed, pastured, or boarded, and which notice shall also be published in some newspaper of general circulation printed in the county for one issue. Such notice shall specify the nature and amount of the lien and that it is the intention of the lien holder to foreclose the same by sale, a description of the animals, the named and last-known address of the owner or purported owner of the animals, and shall be signed and dated by the lien holder. Such notice shall further state that unless the amount of the lien be paid on or before a specified date, which date shall be not less than ten (10) nor more than fifteen (15) days after the date of the publication of said notice, that said animals or so many thereof as may be necessary, will be sold at public auction at the place and on the day and hour specified in said notice. |
Failure to pay for keep of stock lienable
How lien may be foreclosed after notice to owner |
κ1945 Statutes of Nevada, Page 446 (CHAPTER 227, SB 51)κ
|
Number of animals to be sold limited
Regulations for transfer of ownership
Intention of act
Priority of lien
In effect |
animals or so many thereof as may be necessary, will be sold at public auction at the place and on the day and hour specified in said notice. A true copy of such demand and notice shall be mailed in like manner and at the same time to the last-known address of the holder of every lien appearing of record in the county. Sec. 3. The sale herein provided for may be conducted by the person, firm, company or corporation furnishing the feed, pasture, or board, or by any other person as may be designated by such person, firm, company, or corporation. Only such number of animals will be sold as may be necessary to discharge the lien and pay the cost of the publication of notice, plus the sum of five ($5) dollars to be allowed to the person making the sale. No sale shall be made except when the animals to be sold are corralled and have been viewed by the bidders. Any expense incidental to rounding up or bringing the animals to the place of sale shall also be a proper and an additional charge against the owner. The lien holder may be a bidder at such sale. From the proceeds of such sale the lien holder shall satisfy his lien, including the additional charges herein mentioned, delivering over the balance, if any there be, to the person, persons, firm, company, or corporation entitled thereto. Sec. 4. The highest bidder at said sale shall immediately pay the amount bid in cash and shall receive such title to the animals sold, subject only to the prior lien hereinabove specified; provided, however, that before such title vests in the successful bidder there shall be filed with the recorder of the county in which the sale was held, a certificate executed by the person conducting the sale, to which must be attached the publishers proof of publication of the notice of sale to foreclose lien hereinabove provided for, which certificate shall specify the name and address of the buyer, that he was the highest bidder, the amount bid and paid, and the kind, color, size, weight, brand, and earmarks of the animals sold. Sec. 5. This act is intended merely to supplement existing law and the remedy herein provided shall not be exclusive; and nothing in this act shall be construed so as to deprive the lien holder from resorting to any other legal remedy now or hereafter available. Sec. 6. No person requesting or consenting to the furnishing of pasture or board, referred to in section 1 of this act, shall be entitled to assert a lien prior to that herein provided for. Sec. 7. This act shall become effective from and after its passage and approval. |
________
κ1945 Statutes of Nevada, Page 447κ
|
[Senate Bill No. 121Committee on Judiciary]
Chap. 228An Act to amend An act to create judicial districts in the State of Nevada, provide for the election of district judges therein, fix their salaries and compensation for expenses, and repeal all acts and parts of acts in conflict herewith, approved March 27, 1929.
[Approved March 26, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act, being section 8446 of the Nevada Compiled Laws of 1929, is hereby amended to read as follows: Section 1. The State of Nevada is hereby divided into eight judicial districts. The counties of Ormsby, Douglas, Churchill, Storey, and Lyon shall constitute the First judicial district; the county of Washoe shall constitute the Second judicial district; the counties of Eureka and Lander shall constitute the Third judicial district; the county of Elko shall constitute the Fourth judicial district; the counties of Mineral, Esmeralda, and Nye shall constitute the Fifth judicial district; the counties of Pershing and Humboldt shall constitute the Sixth judicial district; the counties of White Pine and Lincoln shall constitute the Seventh judicial district; and the county of Clark shall constitute the Eighth judicial district. For each of said districts, except the Second and Eighth judicial districts, there shall be one judge; for the Second and Eighth judicial districts, there shall be two judges elected. Whenever a vacancy shall occur in the office of any such judge, it shall be filled as provided by law; provided, however, that the second judge herein provided for the Eighth judicial district shall be appointed to take office on the first day of July 1945, and his term of office shall expire on the thirty-first day of December 1946. Sec. 2. Section 4 of the above-entitled act, being section 8449 Nevada Compiled Laws of 1929, is hereby amended to read as follows: Section 4. Until the end of the existing term for which the respective judges of the district courts of the State of Nevada have been elected, the salaries of said judges shall remain as heretofore provided by law; thereafter the salaries of the judges for the districts herein provided for shall be seven thousand two hundred ($7,200) dollars per year, except that the judges of the Third and Fifth judicial districts shall receive a salary of six thousand ($6,000) dollars per year. All of said salaries shall be paid in equal monthly installments out of the district judges salary fund, which is hereby created in the state treasury, and which shall be supplied in the manner following, to wit: Each county in each judicial district in the state shall contribute annually to said fund its proportionate share of the money necessary to pay the judge or judges of its district their respective salaries monthly for such year, based upon the assessment roll of the county for the previous year, and it is hereby made the duty of the county commissioners of each county to make such arrangements and orders as may be necessary to insure the forwarding of their countys quota of said district judges salary fund to the state treasurer at such time and in such installments as will enable the state treasurer to pay to each district judge one-twelfth of his annual salary on the first day of each and every month, and to cause such money to be forwarded by the county treasurer, and, if necessary, in order to render certain the forwarding of such money in ample time to prevent any default in said monthly installments, said board of county commissioners shall transfer and use any moneys in the county treasuries except those belonging to the public school fund. |
Judicial districts of state created
Salaries of judges |
κ1945 Statutes of Nevada, Page 448 (CHAPTER 228, SB 121)κ
|
Each county to pay proportionate share
Repeal |
monthly installments out of the district judges salary fund, which is hereby created in the state treasury, and which shall be supplied in the manner following, to wit: Each county in each judicial district in the state shall contribute annually to said fund its proportionate share of the money necessary to pay the judge or judges of its district their respective salaries monthly for such year, based upon the assessment roll of the county for the previous year, and it is hereby made the duty of the county commissioners of each county to make such arrangements and orders as may be necessary to insure the forwarding of their countys quota of said district judges salary fund to the state treasurer at such time and in such installments as will enable the state treasurer to pay to each district judge one-twelfth of his annual salary on the first day of each and every month, and to cause such money to be forwarded by the county treasurer, and, if necessary, in order to render certain the forwarding of such money in ample time to prevent any default in said monthly installments, said board of county commissioners shall transfer and use any moneys in the county treasuries except those belonging to the public school fund. No salary of any judge shall be paid in advance. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed. |
________
|
Powers and duties of regents |
[Senate Bill No. 108Committee on Education, State Library, and Public Morals]
Chap. 229An Act to amend section 3 of an act entitled An act relating to the state university and matters properly connected therewith, approved February 7, 1887, as amended March 8, 1917.
[Approved March 26, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of an act entitled An act relating to the state university and matters properly connected therewith, approved February 7, 1887, as amended March 8, 1917 (Sec. 7728 N. C. L. 1929), is hereby amended to read as follows: Section 3. The powers and duties of the board of regents are as follows: First-To prescribe rules for their own government, and for the government of the university. Second-To prescribe rules for the reports of officers and teachers of the university. |
κ1945 Statutes of Nevada, Page 449 (CHAPTER 229, SB 108)κ
|
Third-To prescribe the course of study, the time and standard of graduation and the commencement and duration of the terms, and the length of the vacations of the university. Fourth-To prescribe the textbooks, and provide apparatus and furniture for the use of pupils. Fifth-To appoint a president of the University of Nevada, who shall have a degree from a college or university recognized as equal in rank to those having membership in the Association of American Universities, who has had at least five years of practical experience as an educator in a college or university of good standing, three years of which must have been during the five years immediately preceding the date of his appointment, who is familiar with the modern methods of imparting instruction in the United States. Sixth-To prescribe the duties of the president, and fix his salary, and the salaries of all other teachers in the university. Seventh-To require the president, under their direction, to establish and maintain training or model schools, and require the pupils of the university to teach and instruct classes therein. Eighth-To control the expenditures of all moneys appropriated for the support and maintenance of the university, and all moneys received from any source whatsoever. Ninth-To keep open to public inspection an account of receipts and expenditures. Tenth-To report to the governor biennially a statement of all their transactions, and of all other matters pertaining to the university. Eleventh-To transmit with such report a copy of the presidents biennial report. Twelfth-To revoke any diploma by them granted, on receiving satisfactory evidence that the holder thereof is addicted to drunkenness, is guilty of gross immorality, or is reputably dishonest in his or her dealings; provided, that such person shall have at least thirty days previous notice of such contemplated action, and shall, if he or she asks it, be heard in his or her own defense. Thirteenth-To accept and take in the name of the University of Nevada, by grant, gift, devise, or bequest any property for the use of the university, or of any college thereof, or of any professorship, chair or scholarship therein, or for the library, workshops, farms, students loan fund, or any other purpose appropriate to the university; and such property shall be taken, received, held, managed, invested, and the proceeds thereof used, bestowed, and applied by said regents for the purposes, provisions, and conditions prescribed by the respective grant, gift, devise, or bequest; |
Powers and duties of regents |
κ1945 Statutes of Nevada, Page 450 (CHAPTER 229, SB 108)κ
|
Powers and duties of regents
Repeal |
provided, however, nothing in this act shall be deemed to prohibit the State of Nevada from accepting and taking by grant, gift, devise, or bequest any property for the use and benefit of the University of Nevada. Fourteenth-To sell or lease any property granted, donated, devised, or bequeathed to the university, except property granted to it by the United States of America; and provided, the sale or lease of such property be not prohibited by or inconsistent with the provisions or conditions prescribed by the grant, gift, devise, or bequest thereof; and provided further, that any such sale or lease be approved by the governor. The proceeds and rents from such sale or lease shall be held, managed, invested, used, bestowed, and applied by said regents for the purposes, provisions, and conditions prescribed by the original grant, gift, devise, or bequest of the property so sold or leased. Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed. |
________
|
Acceptance of pupils from adjoining state
In effect |
[Senate Bill No. 117Senator Russell]
Chap. 230An Act to authorize boards of trustees to enter into contracts with and to receive funds from school officials of adjoining states for the education of pupils in such states in Nevada schools, and other matters relating thereto.
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever a Nevada school district accepts children as pupils from a county or school district of an adjoining state, such children being bona fide residents of such other state, the board of trustees of the Nevada school district may enter into an agreement or contract with the school officials of such district or state and receive tuition for the education of the pupils from the other state attending the Nevada school. Any moneys paid under such contract or agreement shall be deposited to the credit of the Nevada school district and expended as other school district funds are expended. Sec. 2. This act shall become effective from and after its passage and approval. |
________
κ1945 Statutes of Nevada, Page 451κ
|
[Senate Bill No. 52Committee on Education, State Library, and Public Morals]
Chap. 231An Act to amend sections 9 and 13 of an act entitled An act concerning public schools and repealing certain acts relating thereto, approved March 20, 1911, as amended.
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9 of the above-entitled act, being section 5658 N. C. L. 1929, is hereby amended to read as follows: Section 9. The state board of education shall appoint one deputy superintendent of public instruction for each supervision district as herein provided for. Such appointee shall take office on the first Monday in September following such appointment and shall serve for a period of four years, or until his successor shall have been appointed and shall have qualified. In case a vacancy shall occur in the office of deputy superintendent of public instruction, the state board of education shall, in like manner, make an appointment for the unexpired term. The deputy superintendents of public instruction shall devote their entire time to school supervision and shall not engage in any other work while holding this office. Sec. 2. Section 13 of the above-entitled act, being section 5662 N. C. L. 1929, is hereby amended to read as follows: Section 13. The compensation of each deputy superintendent of public instruction shall be fixed by the state board of education in an amount not to exceed the sum of three thousand three hundred ($3,300) dollars per annum, and shall be paid out of the state distributive school fund in the same manner as the salaries of other state officers are paid. All claims for the traveling expenses, including the cost of transportation and cost of living, as fixed by law for state officers, of each deputy superintendent of public instruction while absent from his or her place of residence, together with necessary office expenses, shall be paid from the state distributive school fund of the state, whenever such claims shall be allowed by the state board of examiners; provided, that not more than nine hundred dollars shall be paid from the state distributive school fund of the state in settlement of claims for such traveling expenses of such deputy superintendent of public instruction during any one year; that the office expenses of each of the deputy superintendents of public instruction for the first, second, and third supervision districts shall be paid from the state
|
Deputy superintendents of public instruction
Compensation of deputy superintendents |
κ1945 Statutes of Nevada, Page 452 (CHAPTER 231, SB 52)κ
|
Compensation of deputy superintendents |
distributive school fund of the state, and not more than five hundred dollars for each such deputy shall be paid during any one year in the settlement of each such claims, and the office expenses of each deputy superintendent of public instruction for the fourth and fifth supervision districts shall be paid from the state distributive school fund of the state in settlement of each such claims for office expenses in an amount not to exceed two thousand dollars for each such deputy in any one year. |
________
|
Creation of postwar fund
Money to be refunded for certain purposes
May invest funds |
[Senate Bill No. 134Senator Sommer]
Chap. 232An Act authorizing the board of directors of the Pershing County water conservation district of Nevada to create a postwar reserve fund; providing for the use thereof; providing for transfer of certain surplus funds to said fund; providing for the investment of funds therefrom, and other matters properly related thereto.
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of directors of the Pershing County water conservation district of Nevada hereby is authorized and empowered, in its discretion and as it deems proper, to transfer, from time to time, any surplus in the construction fund and general fund of said district into a postwar reserve fund, which said fund shall be known as the Pershing County Water Conservation District of Nevada Improvement Fund. The moneys in said fund may be allowed to accumulate from year to year. Any moneys in said fund at the end of the fiscal year shall not lapse, nor shall the same be a surplus available for expenditures for any other purposes than those hereinafter specified. Sec. 2. The board of directors of the Pershing County water conservation district of Nevada is authorized in its discretion, and as it deems proper, at any time prior to January 1, 1949, to expend all or any part of said fund to acquire, lease, improve, construct, and maintain canals, laterals, dams, drains, or other structures or improvements within, or of service to, the district, and to provide an adequate drainage system therefor. Sec. 3. The board of directors of the Pershing County water conservation district of Nevada hereby is authorized and empowered to invest any and all of said fund in bonds of the United States of America, and maintain said investment in said bonds until such time as said board shall deem it advisable to expend the moneys thus invested. |
κ1945 Statutes of Nevada, Page 453 (CHAPTER 232, SB 134)κ
|
Sec. 4. All acts and parts of acts, insofar as they may be inconsistent with the provisions of this act, are hereby repealed. Sec. 5. This act shall be effective from and after its passage and approval. |
Repeal
In effect |
________
|
[Senate Bill No. 50Senator Haight]
Chap. 233An Act authorizing and directing the state controller and state treasurer to transfer $225,000 from the state postwar reserve fund to the state prison building fund, and other matters properly related thereto.
[Approved March 27, 1945]
Whereas, Chapter 125 of the 1941 Statutes of Nevada provided for the construction, equipment, and furnishing of a new building at the Nevada state prison; provided for the issuance of $265,000 in bonds and other matters related thereto; and there is at the present time a balance of $225,000 of such bonds which are authorized by said act but have been unissued; and Whereas, Chapter 184 of the 1943 Statutes of Nevada provided for the establishment and maintenance of a state postwar reserve fund, and it is to the best interests of and for the benefit of the people of the State of Nevada to transfer $225,000 from the state postwar reserve fund to the state prison building fund rather than issue bonds and pay interest thereon; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding the provisions of chapter 125, Statutes of Nevada 1941, relative to the issuance of bonds and the manner of their sale and redemption, the state controller and the state treasurer are authorized and directed to transfer the sum of $225,000, when and as needed, from the state postwar reserve fund to the state prison building fund. The transfer of this sum of $225,000 is to take the place of and is in lieu of the bonds authorized but not issued under the provisions of chapter 125, Statutes of Nevada 1941, and the authority to issue such bonds thereunder is hereby abrogated. Sec. 2. This act shall be effective from and after its passage and approval. |
Preamble
Transfer of funds in lieu of bond issuance
In effect |
________
κ1945 Statutes of Nevada, Page 454κ
|
Governing bodies authorized to create postwar funds
Estimates to be included in budgets
Fund separate and apart
In effect |
[Senate Bill No. 2Senators Haight, Robbins, and Lemaire]
Chap. 234An Act authorizing the establishment of a postwar reserve fund by counties, cities, towns, and school districts; providing for the investment of funds therefrom, and other matters properly related thereto.
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any inconsistent provision of any general, special, or local law, the governing body of any county, city, town, or school district is hereby authorized to establish and maintain a postwar reserve fund to provide funds for paying all or part of the cost of a postwar program of local public improvements and betterments for execution by such governing body, or by any public agency which such governing body is authorized to assist by any other law, including capital acquisitions, replacements, additions, improvements, construction, reconstruction, deferred maintenance, and administrative and other expenses. Sec. 2. The governing body of any such political subdivision may include in the annual budget or estimate of amounts required to meet the public expenses of such subdivision for the ensuing year such sum as it may deem necessary for the uses and purposes of the fund, specifying the particular purpose for which such sum shall be used. Such sum may be included in the annual tax levy or assessment of the political subdivision, within the limits of and as provided by law. The moneys in said fund may be allowed to accumulate from year to year until but not beyond the tax year 1949. Any moneys in said fund at the end of the fiscal year shall not lapse nor shall the same be a surplus available for expenditure for any other purposes than those specified and for which the levies were made. No sum shall be budgeted for a postwar reserve fund by any county or school district which shall have the effect of depriving an incorporated city of the benefit of its maximum statutory tax rate without the consent of the governing board of said city. Sec. 3. The fund established pursuant to this act shall be kept entirely separate and apart from all other funds, and all moneys belonging to the fund may be invested in such securities as are legal for the investment of state funds under chapter 191, 1943 Statutes of Nevada. The interest and income from the investments shall be a part of the fund. Sec. 4. This act shall be effective upon its passage and approval. |
________
κ1945 Statutes of Nevada, Page 455κ
|
[Senate Bill No. 103Senator Johnson]
Chap. 235An Act appropriating the sum of fifteen hundred ($1,500) dollars out of the general fund of the State of Nevada for the purchase of the Dat-So-La-Lee collection of Indian baskets.
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated out of the general fund of the State of Nevada the sum of fifteen hundred ($1,500) dollars for the purpose of purchasing and acquiring for the State of Nevada those certain examples of Indian basketwork known as the Dat-So-La-Lee basket collection, now in the possession of Mrs. Abe Cohn of Carson City, Nevada. Sec. 2. Immediately upon the passage and approval of this act the governor of the State of Nevada shall designate some person to purchase said baskets, and the same shall thereupon become the property of the State of Nevada so as to preserve for posterity the last outstanding examples of the ancient art of the Nevada Indians. Sec. 3. The governor may retain the collection for display in the capitol building, or may divide the collection equally between the Nevada state museum at Carson City and the Nevada historical society at Reno, which institutions will then place the same upon display. Sec. 4. This act shall become effective from and after its passage and approval. |
Appropriation
Governor to designate purchaser
Disposition of collection
In effect |
________
|
[Assembly Bill No. 139Mr. Higgins]
Chap. 236An Act to amend an act entitled An act providing for the division of Clark County, Nevada, into educational districts, and providing for the government of the schools therein, approved March 29, 1919, as amended March 11, 1921, by amending section 1 and section 2 of said act and by adding two new sections thereto to be known as section 11 and section 12.
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of said act, being section 6063 N. C. L. 1929, is hereby amended to read as follows: Section 1. Clark County of the State of Nevada is hereby divided into three educational districts, as follows: |
Three educational districts in Clark County |
κ1945 Statutes of Nevada, Page 456 (CHAPTER 236, AB 139)κ
|
Description of district No. 1
Description of district No. 2
Description of district No. 3
Board for district No. 1
Board for district No. 2; proviso |
Educational district No. 1 shall include all territory in Clark County lying east and north of the division line described as follows: Beginning at the point where the range line between ranges sixty-three (63) and sixty-four (64) east intersects the north boundary line of Clark County; thence south on said range line to the township line between townships seventeen (17) and eighteen (18) south, thence east on said township line to the range line between ranges sixty-four (64) and sixty-five (65) east, thence south on said range line to the fifth standard parallel south, and thence east on said fifth standard parallel south to the Colorado river. Educational district No. 1 shall be a school district of the first class, and shall be governed by all the laws and shall have all the powers granted to such district by the general laws of the State of Nevada, except as otherwise provided for in this act. Educational district No. 2 shall include all that portion of Clark County not embraced in educational districts No. 1 and No. 3 as herein described, and shall constitute a high school district for the government and maintenance of all high schools in said district. Educational district No. 3 shall include all territory described as follows: All of township twenty-two (22) south, range sixty-four (64) east; the north half of township twenty-three (23) south, range sixty-four (64) east; all of fractional township twenty-two (22) south, range sixty-five (65) east; the north half of fractional township twenty-three (23) south, range sixty-five (65) east, M. D. B. & M.; being a tract of land nine miles long by approximately eight (8) miles wide. Educational district No. 3 shall be a school district of the first class, and shall be governed by all the laws and shall have all the powers granted to such districts by the general laws of the State of Nevada. Sec. 2. Section 2 of said act, being section 6064 N. C. L. 1929, is hereby amended to read as follows: Section 2. The control and government of all high and elementary schools in said district No. 1 shall be vested in a board of education composed of five trustees, to be selected from the school trustees of the various elementary schools now existing in said educational district as hereinafter provided. The control and government of the high schools in educational district No. 2 shall be vested in a board of education which shall have all the powers and duties of any board of trustees of a school district or the board of education of a union school district in the State of Nevada, said board to be composed of five persons elected under the provisions of sections 5968-5970 N. C. L. 1929; provided, that until the next general election the members of the board of education of educational district No. |
κ1945 Statutes of Nevada, Page 457 (CHAPTER 236, AB 139)κ
|
of educational district No. 2 as at present constituted shall be the duly elected, qualified, and acting board of education of educational district No. 2. Vacancies which may hereafter arise in the board of trustees of educational district No. 2 shall be filled in accordance with the provisions of section 5970 N. C. L. 1929. The control and government of the high and elementary schools in educational district No. 3 shall be vested in a board of trustees who shall have all the powers and duties of any board of trustees of a school district in the State of Nevada, said board to be composed of three persons elected under the provisions of sections 5691-5709 N. C. L. 1929, as amended; provided, that until the school election to be held on the first Saturday of March 1946, the present members of the board of trustees of the elementary school districts now operating within the boundaries of educational district No. 3 are and shall be the duly elected, qualified, and acting board of trustees of educational district No. 3. Vacancies which may hereafter arise in the board of trustees of educational district No. 3 shall be filled in accordance with the general school laws of the State of Nevada. Sec. 3. Said act is further amended by adding a new section to be known as section 11, reading as follows: Section 11. On December 31, 1945, any balance remaining in the high school fund of educational district No. 2 as at present constituted and any income thereafter derived from a special district tax then levied for the present educational district No. 2 and from the Clark County aid to district high school fund levied prior to said date shall be divided between educational districts Nos. 2 and 3 in proportion to the number of students in average daily attendance in the respective high school districts now embraced within the two districts, educational districts Nos. 2 and 3, for the 1943-1944 school year. The county auditor is hereby directed and authorized to set up on December 31, 1945, a separate fund for the high school districts of educational districts Nos. 2 and 3 and shall credit to each of said funds all moneys which normally accrue to high school districts under the laws of the State of Nevada. Any bonded indebtedness in educational district No. 2, prior to December 31, 1945, shall continue until fully paid, to constitute a just claim against all property of the district as at present constituted. Any new bonded indebtedness that may be incurred by educational district No. 2 between the date of the passage of this act and the date upon which it becomes effective shall constitute a valid claim against only the property within the boundaries of educational district No. 2 as hereinabove described. Nothing in this act is intended or shall be construed to interfere with the levy of taxes for and the collection and distribution of tax receipts from the county aid to district high school fund of Clark County or with the special district taxes which may be levied prior to the passage of this act for any of the high school districts located within the confines of present educational district No. |
Board for district No. 3; proviso
Division of funds
Duty of county auditor |
κ1945 Statutes of Nevada, Page 458 (CHAPTER 236, AB 139)κ
|
Present tax levies not jeopardized
To be designated as high shcools
In effect |
interfere with the levy of taxes for and the collection and distribution of tax receipts from the county aid to district high school fund of Clark County or with the special district taxes which may be levied prior to the passage of this act for any of the high school districts located within the confines of present educational district No. 2. Such taxes shall be collected and apportioned as at present provided, the prorating of the county aid levied for the present educational district No. 2 between the herein established educational district No. 2 and the herein created educational district No. 3 being expressly provided for hereinabove. Sec. 4. Said act is further amended by adding a new section to be known as section 12, reading as follows: Section 12. The high schools now operating within the boundaries of the educational districts herein established are hereby designated as district high schools within the purview of chapter 183, 1939 Statutes of Nevada, as amended by chapter 156, 1941 Statutes of Nevada; and, upon meeting the requirements of section 4 of said act as amended, each of these district high schools is entitled to make application for and to receive the county aid provided in said act. Sec. 5. This act shall become effective as of December 31, 1945. |
________
|
Title of act amended |
[Assembly Bill No. 161Messrs. Ryan, Carlson, and Englestead]
Chap. 237An Act to amend an act entitled An Act to aid the prosecution of the war by providing for the creation of local agencies to cooperate with the federal government in making housing available for persons engaged in war industries and activities, and by granting certain powers to public bodies, and other matters properly relating thereto, approved March 1, 1943.
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The title of the above-entitled act, being chapter 20 of the Statutes of 1943, is hereby amended to read as follows: An act to aid the prosecution of the war and postwar needs by providing for the creation of housing authorities as municipal corporations to cooperate with the federal government in making housing available for persons engaged in war industries and activities, and to assist the federal government in the disposition and best utilization of war housing, and to enable housing authorities to acquire and construct housing projects, and to lease or dispose of such housing to war veterans, tax-supported agencies, and persons of low income, and to issue bonds for such purpose, and by granting certain powers to public bodies, and other matters properly relating thereto. |
κ1945 Statutes of Nevada, Page 459 (CHAPTER 237, AB 161)κ
|
construct housing projects, and to lease or dispose of such housing to war veterans, tax-supported agencies, and persons of low income, and to issue bonds for such purpose, and by granting certain powers to public bodies, and other matters properly relating thereto. Sec. 2. Section 1 of the above-entitled act is hereby amended to read as follows: Section 1. The prosecution of the war requires a great migration of persons to engage in war industries and activities and would be jeopardized unless housing is made available for such persons. An acute shortage of housing for such persons exists or impends in localities in the state. The Congress of the United States of America has enacted legislation and provided funds for the federal government to make housing available for such persons in localities where an acute shortage of housing exists or impends. It is therefore of vital importance that immediate provision be made for the creation of housing authorities to aid and cooperate with the federal government in making such housing available. With the reduction and termination of war activity there will be a reduction of need for housing persons engaged in essential war activities; it is therefore in the public interest to provide for the orderly and effective disposition and best utilization of war housing, and to provide for public postwar housing needs by enabling housing authorities of cities, towns, and counties to cooperate with and assist the federal government in the disposition and best utilization of such war housing by enabling housing authorities to acquire war housing, to provide, construct, reconstruct, and operate housing projects, and to lease or otherwise dispose of such housing to war veterans, tax-supported agencies, and persons of low income. It is hereby determined that the foregoing purposes are public and municipal purposes and of general state concern. Sec. 3. Section 2 of the above-entitled act is hereby amended to read as follows: Section 2. Creation. Upon the adoption of a resolution by the governing body of a city, town, or county that there exists or impends an acute shortage of housing in such a city, town, or county for persons engaged or to be engaged in war industries or activities, or for war veterans, tax-supported agencies, or persons of low income, there shall hereby be created a public body corporate for municipal purposes which shall be known as the housing authority of such city, town or county and shall be considered a municipal corporation. Upon the adoption of a resolution as aforesaid, the chief executive of the city or town or the governing body of the county, as the case may be, shall thereupon appoint five persons to serve as commissioners of the authority. Three of the commissioners who are first appointed pursuant to this act shall be designated to serve for terms of one, two and three years, respectively, from the date of their appointment, and two shall be designated to serve for terms of four years from the date of their appointment, but thereafter commissioners shall be appointed for a term of office of four years; provided, that nothing in this section shall affect the terms of office of commissioners appointed prior to the effective date of this act; and provided further, that on the expiration of such terms further appointments shall be made pursuant to the provisions of this act. |
Findings
Creation |
κ1945 Statutes of Nevada, Page 460 (CHAPTER 237, AB 161)κ
|
Creation
Powers |
of the commissioners who are first appointed pursuant to this act shall be designated to serve for terms of one, two and three years, respectively, from the date of their appointment, and two shall be designated to serve for terms of four years from the date of their appointment, but thereafter commissioners shall be appointed for a term of office of four years; provided, that nothing in this section shall affect the terms of office of commissioners appointed prior to the effective date of this act; and provided further, that on the expiration of such terms further appointments shall be made pursuant to the provisions of this act. All vacancies shall be filled for the unexpired term. An authority shall select a chairman and a vice chairman from its commissioners. No commissioner shall receive compensation for his services, but shall be entitled to necessary expenses, including travel expenses incurred in the discharge of his duties. As used in this act, the word city shall mean any incorporated city or incorporated town in the state, and the word town shall mean any town for which the board of county commissioners acts as a town board. Sec. 4. Section 3 of the above-entitled act is hereby amended to read as follows: Section 3. Powers. An authority shall have all powers necessary or convenient to aid and cooperate with the federal government or any agency or instrumentality thereof in making housing available for persons engaged or to be engaged in war industries or activities; to assist and cooperate with, purchase, or lease war housing from, and act as agent for the federal government or any agency or instrumentality thereof in the disposition or utilization of war housing; and to provide, acquire, lease, and dispose of housing projects to war veterans, tax-supported agencies, and persons of low income, including, without limiting, the generalities of the foregoing the following powers: To act at its discretion as agent of the federal government in developing and administering projects undertaken by the federal government to provide such housing, and to have advanced to it by the federal government such sums of money as may be necessary in acting as such agent on behalf of the federal government; and its discretion to lease from, and administer for, the federal government such housing; to arrange with public bodies and private agencies for such services and facilities as may be needed for such projects; to employ such personnel and make such expenditures as may be necessary; to sue and be sued in its official capacity, but not otherwise; to execute such contracts and other instruments and take such other action as may be necessary or convenient to carry out the purposes hereof; to provide for the construction, improvement, alteration, or repair of any housing projects, to own, hold, and improve real and personal property, or any interest therein, and to acquire such property by gift, purchase, grant, bequest, devise, or otherwise; to obtain insurance and to execute contracts and other instruments with public and private bodies and persons as may be necessary or convenient to carry out the purposes hereof, as agent of the federal government, or for its own account for cash or for credit, and on such terms and conditions as it may determine, to rent, lease, or sell any real or personal property; to apply for and accept contributions, grants, loans, or other financial assistance from the federal government as may be necessary as agent thereof or for its own account, and to include in any contract for financial assistance any conditions which the federal government may have attached to its financial aid of the project; to make payments to a city, town, or county, or any political subdivision, for improvements, services, and facilities furnished by such city, town, or county, or political subdivision, for the benefit of any project or other undertaking of such authority; to borrow money and issue bonds and other evidences of indebtedness therefor; payable solely out of revenues of the authority; to aid and cooperate with the state or any political subdivisions thereof, or other public body in carrying out the purposes of this act. |
κ1945 Statutes of Nevada, Page 461 (CHAPTER 237, AB 161)κ
|
of any housing projects, to own, hold, and improve real and personal property, or any interest therein, and to acquire such property by gift, purchase, grant, bequest, devise, or otherwise; to obtain insurance and to execute contracts and other instruments with public and private bodies and persons as may be necessary or convenient to carry out the purposes hereof, as agent of the federal government, or for its own account for cash or for credit, and on such terms and conditions as it may determine, to rent, lease, or sell any real or personal property; to apply for and accept contributions, grants, loans, or other financial assistance from the federal government as may be necessary as agent thereof or for its own account, and to include in any contract for financial assistance any conditions which the federal government may have attached to its financial aid of the project; to make payments to a city, town, or county, or any political subdivision, for improvements, services, and facilities furnished by such city, town, or county, or political subdivision, for the benefit of any project or other undertaking of such authority; to borrow money and issue bonds and other evidences of indebtedness therefor; payable solely out of revenues of the authority; to aid and cooperate with the state or any political subdivisions thereof, or other public body in carrying out the purposes of this act. The bonds and other obligations of an authority shall not be a debt of the city, the town, the county, the state, or any political subdivision thereof, and such bonds or evidences of indebtedness shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The bonds or other obligations of any authority may be additionally secured by a pledge of any revenue of the authority. When so secured such bonds or other obligations shall constitute legal investments for the sinking funds, trust funds, or other moneys belonging to or under the control of banks, saving banks, insurance companies, executors, administrators, guardians, trustees, and other fiduciaries. An authority may exercise such powers and functions within its area of operation and so long as this act shall remain in effect. The area of operation of an authority shall be the area within the territorial boundaries of the city, town, or county for which it was created; provided, that the area within the territorial boundaries of any other city, town, or county may include within the authoritys area of operation if the governing body of such city, town, or county shall, by resolution, consent to such inclusion. In addition to the powers otherwise conferred upon them, any city, town, or county, or other public body may furnish or contract to furnish, upon such terms as it deems advisable, public services or facilities for projects herein referred to which may be located outside its territorial boundaries when the governing body of the city, town, or county, or other public body, as the case may be, in which such project is located shall, by resolution, consent thereto. |
Powers |
κ1945 Statutes of Nevada, Page 462 (CHAPTER 237, AB 161)κ
|
Powers
Definition
Declared nonprofit act
Invalidated provisions not to affect remainder of act
Act controlling
In effect |
be located outside its territorial boundaries when the governing body of the city, town, or county, or other public body, as the case may be, in which such project is located shall, by resolution, consent thereto. Sec. 4. Section 4 of the above-entitled act is hereby repealed. Sec. 5. The above-entitled act is hereby amended by adding a new section to be known as section 4, which section reads as follows: Section 4. Definition. Persons of low income shall mean persons, with preference to families, who lack the amount of income which is necessary (as determined by the housing authority undertaking the housing project) to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding. Such persons shall not be accommodated in any housing project if decent, safe, and sanitary dwellings are available through private enterprise. Sec. 6. The above-entitled act is hereby amended by adding a new section to be known as section 5, which section reads as follows: Section 5. It is hereby declared to be the policy of this state that no housing authority shall exercise the powers conferred by this act for profit. Sec. 7. The above-entitled act is hereby amended by adding a new section to be known as section 6, which section reads as follows: Section 6. Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this act, or the application thereof to any person or circumstances, is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Sec. 8. The above-entitled act is hereby amended by adding a new section to be known as section 7, which section reads as follows: Section 7. Act Controlling. Insofar as the provisions of this act are inconsistent with the provisions of any other law, the provisions of this act shall be controlling. Sec. 9. This act shall become effective immediately after its passage and approval. |
________
κ1945 Statutes of Nevada, Page 463κ
|
[Assembly Bill No. 91Mr. Ryan]
Chap. 238An Act to regulate the professional nursing of the sick in the State of Nevada, providing for a board of examiners therefor; providing for the examination and issuing of certificates for registered nurses; other matters properly relating thereto; providing a penalty for the violation of this act, and repealing all acts and parts of acts in conflict herewith.
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The governor of the State of Nevada shall appoint a state board of examiners for examination for and certification of registered nurses; such board shall be composed of three registered nurses, who shall have been graduated from an accredited school of nursing for nurses as defined by this act, and shall be registered under the provisions of this act. The governor shall appoint two members of the board, who shall be appointed to hold office for four (4) years, and one member who shall be appointed to hold office for two (2) years, and thereafter upon the expiration of the term of office of the person so appointed, the governor of the state shall appoint a successor to each person whose term of office shall expire, and said appointment shall be for four (4) years. In the event of a vacancy in said board, the governor shall appoint a successor to fill such vacancy for the unexpired term. The state board of nurse examiners shall appoint a secretary who shall perform all duties required by this act, and such other duties as may be required by said board in order to carry out the objects and purposes of this act. Sec. 2. The board shall hold such meetings as may be necessary for the purpose of transacting its business. Two members of the board may call a special meeting at any time and two members of the board shall constitute a quorum. Due notice of each meeting and of the time and place thereof shall be given each member in the manner provided by regulation. The board may appoint such committees and make such reasonable rules and regulations as are necessary to carry out the provisions of this act and may fix the compensation of its members. Sec. 3. It shall be the duty of the said board of nurse examiners to meet regularly once every four (4) months at the office of the secretary of the board. Such meetings shall be held on February 1, June 1, and October 1 for the purpose of holding examinations under the provisions of this act. Public notice of such meetings shall be given by publishing the same at least thirty (30) days and not more than sixty (60) days prior to the date of each meeting in one nursing journal of general circulation among nurses in the State of Nevada. |
State board of nurse examiners created
Meetings of board
Certain dates for examination of applicants; fees |
κ1945 Statutes of Nevada, Page 464 (CHAPTER 238, AB 91)κ
|
Certain dates for examination of applicants; fees
Qualifications of applicants
When initials may be used When unlawful to use title
Reciprocity |
publishing the same at least thirty (30) days and not more than sixty (60) days prior to the date of each meeting in one nursing journal of general circulation among nurses in the State of Nevada. Upon filing application for examination each applicant shall pay an examination fee of ten ($10) dollars to the secretary of the board of examiners, which shall in no case be returned to the applicant. A yearly renewal fee of one ($1) dollar shall be paid on January 15 of each year to the secretary of the board by all nurses duly registered in the State of Nevada. Every registration, not renewed, will expire on the first day of March of each year, but may thereafter be renewed upon the payment of two ($2) dollars and such proof of the applicants qualifications to be registered as may be required by the board. Sec. 4. The applicant shall be at least twenty-one (21) years of age to be eligible for examination or registration as a registered nurse. The applicant shall furnish satisfactory evidence of having graduated from an accredited school of training for nurses. The applicant shall be a citizen of the United States or have declared legally in the manner provided by law his or her intention to become a citizen of the United States. An accredited training school for nurses, within the meaning of this act, is hereby defined to be a school for the education and training of nurses, attached to or operated in connection with a hospital or hospitals, approved by the board, giving a course of instruction in theoretical teaching and practical work covering thirty-six (36) months. Theoretical teaching shall consist of the required number of hours of instruction in such subjects, and arranged in such order as the board may from time to time determine. Practical teaching and experience shall consist of the required number of hours in the actual care of medical, surgical and obstetrical patients, and the care of children as may be determined by the board. Sec. 5. A nurse who has received his or her certificate according to the provisions of this act shall be styled and known as a registered nurse, and shall be entitled to place the initials R. N. after his or her name. Sec. 6. It shall be unlawful for any person not holing a certificate of registration issued by the state board of nurse examiners to use the title, Registered Nurse. Sec. 7. This board upon written application and upon receipt of ten ($10) dollars as registration fee, shall issue a certificate of registration as a registered nurse without examination to any applicant who has been duly registered as a registered nurse under the laws of another state or of a foreign country having requirements equivalent to those provided for in this act. |
κ1945 Statutes of Nevada, Page 465 (CHAPTER 238, AB 91)κ
|
Sec. 8. The board shall have the power to revoke any certificate of registration for dishonesty, intemperance, immorality, unprofessional conduct, or any habit rendering a nurse unfit or unsafe to care for the sick, after a full and fair investigation of the charges preferred against the accused. Sec. 9. On or before ten (10) days after January 1 of each year, the secretary of said board shall report and account to the controller of the State of Nevada the amount and source of all collections made under the provisions of this act. All amounts shall be paid into the state treasury and shall be placed to the credit of the special fund to be known as the fund for examination and registration of nurses. All amounts paid into this fund shall be held subject to the order of the state board of nurse examiners, to be used only for the purpose of meeting necessary expenses in the performance of the special duties imposed by this act. Claims against the fund shall be audited by the state board of nurse examiners and shall be paid by the state controller. Sec. 10. The nursing service of all state and county institutions providing medical, surgical, or obstetrical service shall be under the supervision of a registered nurse. This act shall not apply to those institutions that serve only as homes for the indigent or aged. Sec. 11. All schools for the training of student nurses in the State of Nevada shall be supervised by a qualified superintendent of nurses, who shall be a registered nurse under the laws of the State of Nevada. Sec. 12. From the date of the passage and approval of this act, to and including the 30th day of June 1947, nurses residing in the State of Nevada, who are married to members of the armed forces of the United States, and who are properly accredited as registered nurses in any other states, shall be permitted to practice their profession within the State of Nevada for a period of two (2) months without the necessity of having applied for or taken an examination before the state board of examiners, as hereinabove provided, or having been issued a certificate by said board; provided, however, that they shall first apply to and be granted by the state board of examiners a temporary certificate so to do. Such temporary certificate shall expire two (2) months from the date of its issuance. Applicants shall pay to the secretary of the state board of nurse examiners the sum of one ($1) dollar on making application for a temporary certificate. Not more than one temporary license may be issued to the same individual during any twelve-month (12) period. Sec. 13. It shall be compulsory for all graduate nurses desiring to practice their profession in this state to be registered in the State of Nevada. |
When board may revoke certificate
Board report to controller annually
State and county institutions to be supervised by registered nurse Training schools to be supervised by registered nurse
Nurses married to members of armed forces granted special privilege
Registration compulsory |
κ1945 Statutes of Nevada, Page 466 (CHAPTER 238, AB 91)κ
|
Violation misdemeanor
Certain act repealed
In effect |
Sec. 14. Any person or persons convicted of violating any of the provisions of this act shall be guilty of a misdemeanor. Sec. 15. This act specifically repeals chapter 169, Statutes of Nevada 1933, being an act to regulate the professional nursing of the sick in Nevada, providing for the examinations and issuing of certificates to graduate nurses, and providing penalties for the violation of this act, and repealing all acts and parts of acts in conflict herewith; and all other acts or parts of acts insofar as the provisions thereof are inconsistent with the provisions of this act are hereby repealed. Sec. 16. This act shall take effect upon its passage and approval. |
________
|
Creation of junior livestock show board
Who governor may appoint; term of office; proviso |
[Assembly Substitute for Assembly Bill No. 83Mr. Capurro]
Chap. 239An Act to encourage and promote improvement in quality of livestock in the State of Nevada; to create the Nevada junior livestock show board, and to provide for a junior livestock show, and to appropriate funds therefor.
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby created the Nevada junior livestock show board. Sec. 2. Within thirty (30) days after the passage and approval of this act, the governor of the State of Nevada shall appoint five (5) citizens of the State of Nevada, one of whom shall be a member of the teaching staff of the University of Nevada college of agriculture, one of whom shall be a member of the state agricultural extension staff, one of whom shall be a member of the staff of the state department of vocational education, and two other persons who shall be persons interested in the raising and improving of livestock in the State of Nevada, not necessarily stockraisers, who shall be the Nevada junior livestock show board. Said board shall hold office for a term of four (4) years and until their successors are appointed and qualified; provided, however, when any member of the livestock board ceases to be a member of the particular department from which he was appointed then his office shall automatically terminate. Vacancies occurring from any cause on the board shall be filled by appointment of the governor for the unexpired term of the office vacated in the same manner that the original appointments were made. The members of said board shall serve without compensation, but shall be allowed their necessary traveling expenses and living expenses while engaged on the work of said board away from their respective place of residence. |
κ1945 Statutes of Nevada, Page 467 (CHAPTER 239, Assembly Substitute for Assembly Bill No. 83)κ
|
shall serve without compensation, but shall be allowed their necessary traveling expenses and living expenses while engaged on the work of said board away from their respective place of residence. Sec. 3. Within ten days after their appointment, the members of said board shall qualify as required by the constitution, and shall meet and organize by the election of one of their members as president, one member as vice president, and one member as secretary-treasurer. The board may also, if it deems advisable, appoint a secretary-treasurer, or secretary, or treasurer, not of its number, who shall hold office at the discretion of the board. The president, vice president, and secretary-treasurer (other than the appointive secretary-treasurer) shall hold office for the term of one year. Sec. 4. The Nevada junior livestock show board shall each year hold a junior livestock show at Reno, Nevada. Entries to said show shall be limited to animals grown and owned by persons under the age of 21 years, who have been certified by the state 4-H club leader or the state supervisor of vocational agricultural education; provided, that students regularly registered in animal hunbandry courses at the college of agriculture, University of Nevada, over 21 years of age, may make entries, subject to the discretion of the governing board. The said board shall have possession and care of all of the property of the said Nevada junior livestock show and be intrusted with the direction of its entire business and financial affairs. It shall have the power to appoint employees, define their duties, fix their compensation and bonds, if any, adopt bylaws, rules, and regulations for the government of said junior livestock show and said Nevada junior livestock show board, and for all exhibitions of livestock, and shall have power and authority to acquire or lease real and personal property, buildings, and improvements. Sec. 5. The board shall have power to appoint all necessary marshals and police to keep order and preserve peace at the said livestock shows, and the officers so appointed shall be vested with the same authority for the preservation of order and peace on the grounds and in the buildings and the approaches thereto that peace officers of the State of Nevada are vested with by law. Sec. 6. Said board shall use all suitable means to collect and disseminate information calculated to educate and benefit producers, growers, and breeders of livestock within the State of Nevada, and shall, on or before the first day of February of each year succeeding each livestock show, report to the governor a full and detailed account of its transactions, and also a full financial statement of all funds received and disbursed. |
Organization of board
Who may enter livestock
Board to have full power and authority
May appoint marshals and police
Board to report to governor annually |
κ1945 Statutes of Nevada, Page 468 (CHAPTER 239, Assembly Substitute for Assembly Bill No. 83)κ
|
Duties of superintendent state printing
Appropriation
Cooperation with farm organizations and livestock associations
May accept deeds, gifts, etc.
Repeal
In effect |
Sec. 7. The superintendent of state printing shall each year print and bind four hundred (400) volumes of said report and deliver the same to said board for distribution and exchange. He shall also do such job printing as said board may require to carry out the provisions of this act. Sec. 8. The sum of one thousand ($1,000) dollars annually for each of the years 1945 and 1946 is hereby appropriated out of any moneys in the general fund of the state treasury, not otherwise specifically appropriated, to aid the Nevada junior livestock show board in holding livestock shows at Reno, Nevada. In the event that the livestock show as above set out is not held in either of the two years for which an appropriation is made herewith, the sum appropriated for that particular year shall revert to the general fund of the State of Nevada. Sec. 9. It shall be proper and lawful for the Nevada junior livestock show board to cooperate with the farm organizations and livestock associations of the state, and the various counties and cities in the holding of a junior livestock show at such time as shall be designated by the Nevada junior livestock show board. Payment of moneys by said Nevada junior livestock show board need not be by separate and individual vouchers for each separate and distinct item, but such payment may be vouchered in groups, such as for premiums, labor, materials, expenses, etc., and thereafter in the report by said board properly itemized in detail. Said board may, in its discretion, permit any part of the said moneys so appropriated to accumulate for the benefit of succeeding junior livestock shows, or for the construction of improvements, or the acquisition or leasing of property in connection therewith, and any such surplus so permitted to accumulate shall not revert to the general fund of the state, but shall be subject to the purpose and uses of the said Nevada junior livestock show board. Sec. 10. Said board is hereby authorized to accept deeds, bills of sale, gifts, and grants of property for the purposes herein provided. Sec. 11. All acts and parts of acts, insofar as the provisions thereof are in conflict with the provisions of this act, are hereby repealed. Sec. 12. This act shall become effective immediately upon its passage and approval. |
________
κ1945 Statutes of Nevada, Page 469κ
|
[Assembly Bill No. 218Mr. Ogden]
Chap. 240An Act to amend an act entitled An act to require the registration of motor vehicles, trailers, and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a Motor Vehicle Fund, and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith, approved March 27, 1931, by inserting six new sections therein numbered 15(a), 15(b), 15(c), 15(d), 15(e), and 15(f).
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That the above-entitled act be amended by inserting therein six new sections, known as sections 15(a), 15(b), 15(c), 15(d), 15(e), and 15(f), to follow after section 15 of said act, and reading as follows: Section 15(a). No chattel mortgage on any vehicle registered hereunder, irrespective of whether such registration was effected prior or subsequent to the execution of such mortgage, is valid as against creditors or subsequent purchasers or encumbrancers until the mortgagee or his successor or assignee has deposited with the department, at its office in Carson City, a copy of said mortgage with an attached certificate of a notary public stating that the same is a true and correct copy of the original, accompanied by a properly endorsed certificate of ownership to the vehicle described in said mortgage if said vehicle is then registered hereunder, or if said vehicle is not so registered, by an application in the usual form for an original registration, together with an application for registration as legal owner, and upon payment of the fees as provided in this act. Section 15(b). The provisions of section 15(a) shall not be construed to permit the filing of two or more chattel mortgages on any vehicle which are concurrent in whole or in part. |
Chattel mortgage; how validated |
κ1945 Statutes of Nevada, Page 470 (CHAPTER 240, AB 218)κ
|
Filing of two or more mortgages not permissible
Chattel mortgage subject to lien
Department to register mortgagee as legal owner
Method of procedure exclusive
Filing fee
Vehicle commissioner to prepare index of chattel mortgages |
be construed to permit the filing of two or more chattel mortgages on any vehicle which are concurrent in whole or in part. In the event the vehicle is registered hereunder and is owned by two or more persons, the certificate of ownership must be properly endorsed by all persons whose names appear thereon as owners. Section 15(c). When the chattel mortgagee, his successor, or assignee, has deposited with the department a copy of the chattel mortgage, as provided in section 15(a) hereof, such deposit constitutes constructive notice of said mortgage and its contents to creditors and subsequent purchasers and encumbrancers, but such mortgaged vehicle shall be subject to a lien as provided in chapter 95 of the Nevada Statutes 1943, page 121. Section 15(d). Upon the deposit of any such chattel mortgage and application for registration, and upon the payment of the fees as provided in this act, the department shall register the mortgagee, his successor or assignee, as legal owner in the manner provided for the registration of motor vehicles under the provisions of this act. Section 15(e). The method provided in this act for giving constructive notice of a chattel mortgage on a vehicle registered hereunder is exclusive, and any such chattel mortgage is excepted from the provisions of sections 987, 988, and 989 N. C. L., as amended. Section 15(f). Upon filing with the department a copy of a chattel mortgage and application for transfer of registration to the chattel mortgagee as provided herein there shall be paid to the department a fee of one dollar ($1) for each vehicle registered hereunder described in and subject to such chattel mortgage. Section 15(g). The secretary of state as ex officio vehicle commissioner is required to prepare and keep in alphabetical order an index of every chattel mortgage filed in accordance with the provisions of section 15(a). Such index of chattel mortgages shall provide for the name of each mortgagor, the name of such mortgagee, the year, make and model of the motor vehicle mortgaged, and shall contain a column in which all assignments of the mortgage may be noted as well as a column in which may be noted the release or satisfaction of the mortgage. Immediately upon a mortgage being filed as required in section 15(a), an entry thereof shall be made in the index herein provided for, and appropriate entries shall also be made therein upon the date of receipt of any notice of assignment, release or satisfaction. The filing of a duly endorsed certificate of title by a mortgagee, or mortgagees, requesting that there be issued a new certificate of ownership to the mortgagor or mortgagors, or his or their assigns, shall be equivalent to the filing of a release or satisfaction of the mortgage on the vehicle described therein, and the entry thereof in the index of mortgages shall constitute the release and satisfaction of record of the mortgage referred to. |
κ1945 Statutes of Nevada, Page 471 (CHAPTER 240, AB 218)κ
|
or satisfaction of the mortgage on the vehicle described therein, and the entry thereof in the index of mortgages shall constitute the release and satisfaction of record of the mortgage referred to. Said index shall at all times be open to public inspection. Sec. 2. This act shall be in force and effect from and after May 1, 1945, but it shall not affect the validity of any existing chattel mortgage on any motor vehicle which has been recorded or filed in compliance with the requirements of the statute or statutes in force at the time of such recording and filing. |
In effect; exeption |
________
|
[Assembly Bill No. 224Committee on Building and Construction]
Chap. 241An Act to earmark and set aside out of the state postwar reserve fund, moneys for plans and specifications for buildings and improvements authorized by the board of finance and the board of control.
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated out of the state postwar reserve fund the sum of twenty-five thousand ($25,000) dollars, which sum of money shall be earmarked to remain intact in said postwar fund for the preparation of plans and specifications for postwar buildings authorized by the board of finance. Sec. 2. Disbursement from this fund shall be made by the board of control in the same manner as other funds under the jurisdiction of said board. Payments from the fund for the preparation of plans and specifications shall be prorated against each building as authorized by the legislature on an agreed percentage of the contract cost. Sec. 3. This act will take effect immediately upon approval and shall be in operation during the life of the state postwar reserve fund. |
Appropriations for plans and specifications
Disbursement of fund
In effect |
________
κ1945 Statutes of Nevada, Page 472κ
|
Preamble
Appropriation for Genoa fort and stockade
Planning board to prepare for rebuilding |
[Assembly Bill No. 105Douglas County Delegation]
Chap. 242An Act creating a state monument at Genoa, Douglas County, Nevada, to be known as the Genoa fort and stockade; providing that the site thereof be donated by Douglas County to the State of Nevada; requiring that the original fort and stockade be reconstructed; providing for the cost of such reconstruction and the maintenance thereof after the same be rebuilt.
[Approved March 27, 1945]
Whereas, The history of the town of Genoa in Douglas County, Nevada, is part and parcel of the history of the State of Nevada, and is a heritage shared in by every Nevadan; Whereas, The first regular route of travel from California to western Nevada dropped from the towering slopes of the Sierras into the pleasant meadows of Carson valley at what became to be known as the town of Genoa; Whereas, The adventurers seeking out the wealth of the territory of Nevada customarily rested here from the toil of the Sierra passage; and Whereas, A log cabin and stockade was here erected for the protection of these early travelers and adventurers against the hostile and warring tribes of Indians who resented their passage into the territory of Nevada which said cabin and stockade was known as the Genoa fort and stockade; and Whereas, This fort and stockade was destroyed by fire some thirty years ago, thus obliterating one of the earliest Nevada land marks; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated out of the general fund the sum of two thousand five hundred ($2,500) dollars which sum of money shall remain intact in said general fund until immediately following the cessation of all hostilities, at which time the state board of finance shall direct such sum of money to be placed in a special fund to be known as the Genoa fort and stockade fund to be used for the purpose hereinafter mentioned. Sec. 2. Immediately after the sum of twenty-five hundred ($2,500) dollars has been placed in the Genoa fort and stockade fund, the state board of control shall authorize the state planning board to prepare plans and specifications for the rebuilding of the Genoa fort and stockade in the same manner and style as when originally built, shall then ask for bids for the rebuilding of the structure in accordance with such plans and shall enter into contract consistent with public policy as is deemed proper. |
κ1945 Statutes of Nevada, Page 473 (CHAPTER 242, AB 105)κ
|
with such plans and shall enter into contract consistent with public policy as is deemed proper. Sec. 3. The state controller is authorized to receive donations of material, labor, and funds for the purpose herein mentioned. Sec. 4. The Genoa fort and stockade and the land upon which it is located is designated as Genoa fort monument and as such is placed under the jurisdiction of the state park commission for control and maintenance. |
Donations acceptable
Under jurisdiction of state park commission |
________
|
[Assembly Bill No. 146Washoe County Delegation]
Chap. 243An Act to authorize and empower the board of county commissioners of the county of Washoe, State of Nevada, in their discretion not later than five years after the passage and approval of this act, to issue bonds for the purpose of altering, constructing, and reconstructing the Washoe general hospital buildings in said county of Washoe, and to levy a tax for the payment of interest thereon and the redemption thereof; and other matters relating thereto.
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of altering, constructing, and reconstructing the existing Washoe general hospital buildings, in Washoe County, Nevada, and for erecting and constructing additions to said Washoe general hospital buildings, and for furnishing the same, the county commissioners of Washoe County are hereby authorized and empowered, in their discretion, except as herein otherwise provided in section 8, not later than five years after the passage and approval of this act, to issue bonds in the name of said county of Washoe, not to exceed in amount seven hundred fifty thousand ($750,000) dollars, which bonds shall be known as Washoe County General Hospital Bonds. Said bonds and interest thereon shall be payable in lawful money of the United States of America. Sec. 2. The said commissioners shall cause said bonds, or as many thereof as shall be necessary to accomplish the object and purpose of this act, to be prepared, and they shall be signed by the chairman of the board of county commissioners, signed by the county clerk of Washoe County, and authenticated with the seal of said county. Coupons representing the several installments of interest to fall due thereon shall be attached to each bond, so they may be removed without injury to the bonds, numbered consecutively, and signed in facsimile by the treasurer of said Washoe County. |
Washoe County bond issue authorized
Bonds to be signed, authenticated, and bear interest coupons |
κ1945 Statutes of Nevada, Page 474 (CHAPTER 243, AB 146)κ
|
Commissioners to negotiate sale of bonds
Denominations of bonds, interest and redemptions
Tax to be imposed upon real and personal property
Bonds to be redeemed upon maturity |
shall be attached to each bond, so they may be removed without injury to the bonds, numbered consecutively, and signed in facsimile by the treasurer of said Washoe County. Sec. 3. The said commissioners are hereby authorized to negotiate the sale of said bonds at not less than their face or par value, the proceeds of which shall be placed in what shall be known as Washoe General Hospital Fund, and shall be used only for the purpose of carrying out the provisions of this act. It shall be paid out only on warrants drawn by Washoe County auditor in payment of bills contracted in pursuance of the provisions of this act. Sec. 4. Said bonds shall be of such denominations as required by law and the order of said board of commissioners; they shall be numbered consecutively and shall be serial in form and maturity. Interest on all such bonds shall be payable annually or semiannually and at such times as said commissioners may direct, and shall not be greater than five percent (5%) per annum. Said bonds shall not run for a longer period than twenty years from the date of issue; and the various annual maturities shall commence not later than the third year after the date of issue of said bonds. All such bonds shall be redeemed in equal annual installments; provided, however, that the first installment may be for a greater or lesser amount than the remaining installments. Sec. 5. For the purpose of creating a fund for the payment of the principal and interest of the bonds so issued, the said board of county commissioners is authorized, empowered, and directed to levy and collect annually thereafter, a special tax upon all the property, both real and personal, subject to taxation, within the boundaries of said Washoe County, until said bonds and the interest thereon shall have been fully paid and discharged, sufficient to pay the interest upon said bonds, and to provide a fund for the payment of the principal of the same according to their tenure and effect. Such taxes shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as Washoe General Hospital Redemption Fund, and paid out therefrom only in the payment of the principal and interest of said bonds; provided, that when the principal and interest of said bonds shall have been fully paid, and all of said bonds retired, any and all moneys remaining on hand in said special fund shall be transferred to the general fund of said Washoe County. Sec. 6. At the maturity of said bonds and the coupons thereon, they shall be paid by the county treasurer out of the said Washoe General Hospital Redemption Fund, and shall thereupon be canceled and marked Paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable. |
κ1945 Statutes of Nevada, Page 475 (CHAPTER 243, AB 146)κ
|
shall thereupon be canceled and marked Paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable. Sec. 7. All moneys remaining from the sale of the said bonds, after complying with the provisions of this act, may remain in said fund, and be used as necessity shall require in repairing or improving said buildings, or said remainder may be transferred to the redemption fund to pay the interest on and principal sum named in said bonds. Sec. 8. The said board of commissioners shall immediately after said bonds shall be ready for issuance and delivery, proceed to advertise that it will receive sealed proposals for the purchase of said bonds, which said advertisement shall be published for a period of four weeks and at least once each week for four successive weeks in at least one newspaper published in Reno, Washoe County, Nevada; and the said board may sell the said bonds, after due publication of the said advertisement for the said period, only to the highest bidder or bidders therefor. The said board may, in addition to the publication heretofore provided, in its discretion, advertise the said bonds as aforesaid in newspapers published in any one newspaper published without the said county for a period longer than thirty days. Sec. 9. When the said bonds shall have been sold, and the proceeds of such sale shall have been paid into the county treasury of Washoe County, as hereinbefore provided, the said board shall forthwith proceed with due diligence to carry the provisions of this act into effect. Sec. 10. All of the laws in force governing the letting of contracts by boards of county commissioners of this state, and all other pertinent laws are hereby made applicable to and shall govern the board in their official acts in connection herewith, and all bills contracted, or payments made, for the purpose of carrying out the provisions of this act, shall be by the board of county commissioners of Washoe County authorized, audited, and paid as other obligations of said county are authorized, presented, allowed, and paid. Sec. 11. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor taxation to be imposed omitted, nor any other act or thing be done or permitted to be done to impair the marketable value of the good faith of the State of Nevada in causing said bonds to be issued, until all of the bonds and coupons issued under and by virtue of the terms of this act shall have been paid in full. Sec. 12. This act shall take effect upon its passage and approval. |
Disposition of remainder of fund
Bonds to be sold after publication to highest bidder
Provisions of act effective after sale of bonds
Washoe County to assume all obligations
Faith of State of Nevada pledged
In effect |
________
κ1945 Statutes of Nevada, Page 476κ
|
Appropriation to be expended through board of stock commissioners
Duties of said board; proviso
Presentation of claims
Repeal |
[Assembly Bill No. 140Mr. Martinez]
Chap. 244An Act making an appropriation for the control of rodents and predatory animals, in cooperation with the federal government, prescribing the duties of the state board of stock commissioners in connection therewith, and other matters relating thereto.
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, the sum of fifty thousand ($50,000) dollars, to be expended through the state board of stock commissioners in cooperation with the fish and wildlife service, United States department of the interior, during the biennium ending June 30, 1947, for the control of rodents, predatory animals, or other animal pests injurious to livestock, agricultural crops, or the public health within the State of Nevada. The net proceeds of any sales or refunds accruing to the State of Nevada under the provisions of this act shall be forwarded by the state board of stock commissioners to the state treasurer for deposit in the general fund in the manner provided by law. Sec. 2. It shall be the duty of said board to enter into a definite agreement or agreements with the fish and wildlife service, United States department of the interior, prescribing the manner, terms, and conditions of such cooperation, and the amounts which the state and federal government will respectively contribute thereto, for each fiscal year, and said board in its work under the provisions of this act shall be governed by said agreement or agreements; provided, that nothing in this act shall of itself affect or void any agreement already entered into between the state board of stock commissioners and the bureau of biological survey, United States department of agriculture, under the provisions of chapter 148, Statutes of Nevada 1937. Sec. 3. All claims against the appropriation provided for by this act shall be submitted for verification and approval as to correctness to the duly authorized agent of the fish and wildlife service, audited by the state board of stock commissioners and, if approved, forwarded to the state board of examiners for their audit, approval, and payment in the manner provided by law. Sec. 4. All acts and parts of acts insofar as the provisions thereof may conflict with the provisions of this act are hereby repealed. Sec. 5. This act shall become effective from and after its passage and approval, insofar as the negotiation and signing of the agreement or agreements provided for and other matters of organization are concerned; provided, that no expenditures from the appropriation herein provided shall be made until on or after July 1, 1945. |
κ1945 Statutes of Nevada, Page 477 (CHAPTER 244, AB 140)κ
|
passage and approval, insofar as the negotiation and signing of the agreement or agreements provided for and other matters of organization are concerned; provided, that no expenditures from the appropriation herein provided shall be made until on or after July 1, 1945. |
In effect; proviso |
________
|
[Senate Bill No. 137Senator Farndale]
Chap. 245An Act to amend an act entitled An act authorizing owners of land to lay out and plat such land into lots, streets, alleys and public places, and providing for the approval and filing of maps or plats thereof, approved March 13, 1905.
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9 of the above-entitled act, being section 1350 N. C. L. 1929, is hereby amended to read as follows: Section 9. If it is desired to vacate a portion only of any plat or a street or alley therein, application in writing may be made for that purpose to the city council of the city wherein said land is situated, and in all other cases to the board of county commissioners of the county wherein said land is contained, which petition shall be signed by the owners of ninety percent (90%) of the land in the plat of which a portion is to be vacated, and by the owners of ninety percent (90%) of the land contiguous or adjacent to any street or alley in such plat, to vacate or alter which application is made. Sec. 2. This act shall be effective immediately upon its passage and approval. |
Portion of plat, street or alley, now vacated
In effect |
________
|
[Senate Bill No. 7Committee on Ways and Means]
Chap. 246An Act making appropriation for the support of the civil government of the State of Nevada for the fiscal years ending June 30, 1946-1947.
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following sums are hereby appropriated from the general fund except when otherwise specified, for the purpose hereinafter expressed and for the support of the government of the State of Nevada for the fiscal years 1946-1947:
|
General appropriation for fiscal years 1946-1947 |
κ1945 Statutes of Nevada, Page 478 (CHAPTER 246, SB 7)κ
|
Governors office and mansion
Lieutenant governor
Secretary of state
Attorney-general |
the government of the State of Nevada for the fiscal years 1946-1947:
Administrative Offices
Sec. 2. The Office and Mansion of the Governor. For the support of the office and mansion of the governor............................................... $41,350.00 Apportioned as follows: Salary of the governor........................................... .................................................... $14,000.00 Salary of the governors secretary...................... ........................................................ 7,800.00 Salary of the clerk in the governors office........ ........................................................ 6,000.00 Extra clerical help.................................................... ........................................................... 900.00 Traveling expense for the office........................... ........................................................ 1,500.00 Office expense and incidentals............................. ........................................................ 3,350.00 Annual conference fees........................................ ........................................................... 200.00 Mansion maintenance........................................... ........................................................ 7,200.00 Equipment................................................................ ........................................................... 400.00
Sec. 3. The Office of Lieutenant Governor. For the support of the office of lieutenant governor...................................................... $3,750.00 Apportioned as follows: Salary of the lieutenant governor........................ ...................................................... $2,000.00 Clerical services...................................................... ........................................................... 600.00 Traveling expenses................................................ ........................................................ 1,000.00 Office supplies and expenses............................... ........................................................... 150.00
Sec. 4. The Office of the Secretary of State. For the support of the office of the secretary of state............................................................. $35,481.00 Apportioned as follows: Salary of the secretary of state............................. ...................................................... $7,200.00 Salary of the deputy secretary of state............... ........................................................ 5,400.00 Salary of the corporation clerk............................. ........................................................ 4,200.00 Salary of chief clerk................................................ ........................................................ 4,000.00 Salary of stenographer.......................................... ........................................................ 4,140.00 Salary of typist........................................................ ........................................................ 4,140.00 Office supplies and expense................................. ........................................................ 2,875.00 Election paper......................................................... ........................................................ 1,500.00 Equipment................................................................ ........................................................ 1,376.00 Traveling expenses................................................ ........................................................... 650.00
Sec. 5. The Office of the Attorney-General. For the support of the office of attorney-general......................................................... $37,240.00 Apportioned as follows: Salary of the attorney-general.............................. .................................................... $10,000.00 Salary of deputy attorney-general....................... ........................................................ 7,200.00 |
κ1945 Statutes of Nevada, Page 479 (CHAPTER 246, SB 7)κ
|
Salary of extra deputy attorney-general.............. ...................................................... $7,200.00 Salary of chief clerk-stenographer....................... ........................................................ 4,200.00 Extra stenographic services.................................. ........................................................ 4,140.00 Extra clerical help.................................................... ........................................................... 500.00 Traveling expenses................................................ ........................................................ 1,500.00 Office supplies, equipment, and incidentals, including court costs................................ ........................................................ 2,500.00
Sec. 6. The Office of Attorney-General. For the express purpose of paying costs and expenses of prosecuting or defending impending or existing tax or other suits, no part of which shall be paid or expended for attorney fees............................................... ............................................................................ $10,000.00
Sec. 7. The Office of State Controller and Insurance Commissioner. For the support of the state controller and insurance commissioner...................................................................... ............................................................................ $50,760.00 Apportioned as follows: Salary of state controller....................................... ...................................................... $7,200.00 Salary of deputy state controller.......................... ........................................................ 5,400.00 Salary of insurance examiner................................ ........................................................ 4,800.00 Salary of chief clerk................................................ ........................................................ 4,200.00 Salary of deduction clerk....................................... ........................................................ 4,200.00 Salary of bookkeeper............................................. ........................................................ 4,140.00 Salary of insurance clerk....................................... ........................................................ 4,140.00 Salary of social security clerk............................... ........................................................ 4,140.00 Salary of extra clerk................................................ ........................................................ 4,140.00 Traveling expenses................................................ ........................................................... 800.00 Supplies................................................................... ........................................................ 5,000.00 Equipment................................................................ ........................................................ 2,600.00
Sec. 8. The Office of State Treasurer. For the support of the office of state treasurer.. .................................................... $33,280.00 Apportioned as follows: Salary of state treasurer......................................... ...................................................... $7,200.00 Salary of deputy state treasurer........................... ........................................................ 5,400.00 Salary of chief clerk and stenographer................ ........................................................ 4,800.00 Salary of social security clerk............................... ........................................................ 4,140.00 Salary of social security clerk............................... ........................................................ 4,140.00 Traveling expenses................................................ ........................................................... 500.00 Office supplies and expenses............................... ........................................................ 2,500.00 Insurance and protection of States cash and bonds........................................................... ........................................................ 4,000.00 Equipment................................................................ ........................................................... 600.00 |
Additional appropriation re suits
State controller and insurance commissioner
State treasurer |
κ1945 Statutes of Nevada, Page 480 (CHAPTER 246, SB 7)κ
|
State mine inspector
Surveyor general and state land register
State printing office |
Sec. 9. The Office of Inspector of Mines. For the support of the office of inspector of mines............................................................ $32,910.00 Apportioned as follows: Salary of inspector of mines................................. ...................................................... $7,200.00 Salary of deputy inspector of mines.................... ........................................................ 4,800.00 Salary of deputy inspector of mines.................... ........................................................ 4,800.00 Salary of stenographer.......................................... ........................................................ 4,140.00 Extra clerical help.................................................... ........................................................... 170.00 Traveling expenses................................................ ........................................................ 9,000.00 Office supplies and expenses............................... ........................................................ 1,300.00 Equipment................................................................ ........................................................ 1,500.00
Sec. 10. The Surveyor General and State Land Register. For the support of the office of surveyor general and ex officio land register......... $19,040.00 Apportioned as follows: Salary of surveyor general.................................... ...................................................... $7,200.00 Salary of deputy surveyor general...................... ........................................................ 5,400.00 Salary of typist........................................................ ........................................................ 4,140.00 Extra clerical help.................................................... ........................................................... 200.00 Traveling expenses................................................ ........................................................... 500.00 Office supplies, plats and miscellaneous expenses...................................................... ........................................................ 1,600.00
Sec. 11. The State Printing Office. For the support of the state printing office........ $68,390.00 Apportioned as follows: Salary of superintendent state printing.............. ...................................................... $7,200.00 Salary of typist and bookkeeper.......................... ........................................................ 4,140.00 Salaries of various employees.............................. ...................................................... 39,385.00 Traveling expenses................................................ ........................................................... 500.00 Office expense and incidentals............................. ........................................................ 1,200.00 General support including equipment and repairs.......................................................... ...................................................... 11,965.00 Emergency fund...................................................... ........................................................ 4,000.00 Allocated to departments as follows: Overhead................................................................. ...................................................... 14,800.00 Legislative, printing and binding......................... ........................................................ 9,880.00 University of Nevada............................................. ........................................................ 5,570.00 Secretary of state.................................................... ........................................................ 3,000.00 Governor.................................................................. ........................................................... 600.00 Lieutenant governor.............................................. ............................................................. 60.00 Adjutant general..................................................... ........................................................... 350.00 State controller........................................................ ........................................................ 2,670.00 State treasurer......................................................... ........................................................... 450.00 Surveyor general.................................................... ........................................................... 565.00 |
κ1945 Statutes of Nevada, Page 481 (CHAPTER 246, SB 7)κ
|
Attorney-general.................................................... ......................................................... $600.00 Clerk supreme court............................................... ........................................................... 140.00 Inspector of mines.................................................. ........................................................... 600.00 Superintendent of public instruction.................. ........................................................ 3,750.00 Superintendent of banks....................................... ........................................................... 270.00 State engineer......................................................... ........................................................ 1,170.00 State library............................................................. ........................................................... 130.00 State printing office................................................ ........................................................... 100.00 Commissioner of labor........................................... ........................................................... 530.00 Tax commission...................................................... ........................................................ 1,075.00 State prison............................................................. ........................................................... 300.00 State police.............................................................. ........................................................... 300.00 Apiary commission................................................ ............................................................. 50.00 State orphans home.............................................. ........................................................... 150.00 Public service commission.................................... ........................................................... 800.00 Hospital for mental diseases................................. ........................................................... 350.00 State department of health.................................... ........................................................... 700.00 State sheep commission........................................ ............................................................. 50.00 State fish and game commission.......................... ........................................................... 600.00 State board of stock commissioners.................... ........................................................... 380.00 State auditor............................................................ ............................................................. 90.00 Veterans service commission............................... ........................................................... 100.00 State board of pharmacy....................................... ............................................................. 50.00 Agricultural society (Fallon Fair)......................... ........................................................... 145.00 Agricultural extension division............................ ........................................................ 1,200.00 Supreme court judges............................................ ............................................................. 55.00 State board of examiners....................................... ........................................................... 475.00 State board of medical examiners......................... ........................................................... 120.00 State board of parole.............................................. ........................................................... 145.00 School of industry.................................................. ........................................................... 180.00 Traveling expenses................................................ ........................................................... 500.00 Emergency fund...................................................... ........................................................ 4,000.00
Boards, Commissions, and Appointive Offices
Sec. 12. The Adjutant General and Nevada National Guard. For the support of the office of adjutant general and the Nevada national guard. $6,650.00 Apportioned as follows: Salary of adjutant general..................................... ...................................................... $3,200.00 Traveling expenses................................................ ........................................................... 300.00 Supplies and miscellaneous expense.................. ........................................................ 1,650.00 Equipment................................................................ ........................................................ 1,500.00
Sec. 13. The Board of Control. For the support of the board of control.............. $64,000.00 Apportioned as follows: Wages of janitors, watchmen, gardeners, engineers, and extra help.......................... .................................................... $40,000.00 |
State printing office
Adjutant general and Nevada national guard
Board of control |
κ1945 Statutes of Nevada, Page 482 (CHAPTER 246, SB 7)κ
|
Labor commissioner
Public service commission
Nevada state police
State engineer |
Fuel, light, and laundry.......................................... .................................................... $14,000.00 General upkeep of buildings and grounds......... ...................................................... 10,000.00
Sec. 14. The Labor Commissioner. For the support of the office of labor commissioner.............................................. $13,540.00 Apportioned as follows: Salary of labor commissioner................................ ...................................................... $4,800.00 Salary of secretary.................................................. ........................................................ 4,140.00 Traveling expenses................................................ ........................................................ 2,700.00 Office supplies and incidentals............................ ........................................................ 1,500.00 Equipment................................................................ ........................................................... 400.00
Sec. 15. Public Service Commission. For the support of the public service commission................................................. $41,860.00 Apportioned as follows: Salary of chairman.................................................. .................................................... $10,000.00 Salary of commissioner.......................................... ........................................................ 5,000.00 Salary of commissioner.......................................... ........................................................ 2,000.00 Salary of secretary.................................................. ........................................................ 8,280.00 Salary of assistant secretary................................. ........................................................ 4,140.00 Extra help................................................................. ........................................................ 4,140.00 Traveling expenses................................................ ........................................................ 3,000.00 Office supplies and expenses............................... ........................................................ 4,300.00 Equipment................................................................ ........................................................ 1,000.00
Sec. 16. The Nevada State Police. For the support of the Nevada state police........ $75,000.00 Apportioned as follows: Salary of superintendent....................................... ...................................................... $7,200.00 Other salaries.......................................................... ...................................................... 46,230.00 Traveling expenses................................................ ...................................................... 12,416.00 Office supplies and expenses............................... ........................................................ 1,540.00 Miscellaneous......................................................... ........................................................ 2,000.00 Equipment................................................................ ........................................................ 5,614.00
Sec. 17. The State Engineer. For the support of the office of state engineer.. $57,030.00 Apportioned as follows: Salary of state engineer......................................... ...................................................... $8,000.00 Salary of assistant state engineer........................ ........................................................ 8,280.00 Salary of deputy state engineer........................... ........................................................ 6,900.00 Salaries of office and field employees................. ...................................................... 24,200.00 Traveling expenses................................................ ........................................................ 5,000.00 Office supplies and expenses............................... ........................................................ 2,650.00 Equipment................................................................ ........................................................ 2,000.00 |
κ1945 Statutes of Nevada, Page 483 (CHAPTER 246, SB 7)κ
|
Sec. 18. United States Geological Survey Cooperative Underground Water Investigations-State Engineer. For cooperative support in underground water studies with United States geological survey.......................................................... $35,000.00
Sec. 19. Cooperative Snow Surveys. For the support of cooperative snow surveys under the direction of the state engineer $2,500.00 Apportioned as follows: Wages...................................................................... ...................................................................... ...................................................... $1,300.00 Traveling expenses................................................ ........................................................... 200.00 Supplies................................................................... ........................................................ 1,000.00
Sec. 20. United States Cooperative Stream Measurement. For the support of the United States cooperative stream measurement in cooperation with the state engineer....... $5,000.00 Apportioned as follows: Wages...................................................................... ...................................................... $5,000.00
Sec. 21. Employment Security Department of Nevada-State Employment Service. For the support and maintenance of public employment offices................................... $5,100.00 Apportioned as follows: Travel....................................................................... ...................................................... $2,100.00 Office supplies........................................................ ........................................................ 1,500.00 Miscellaneous......................................................... ........................................................ 1,500.00
Sec. 22. The State Library. For the support of the state library...................... $23,280.00 Apportioned as follows: Salary of state librarian.......................................... ...................................................... $4,800.00 Salary of assistant librarian................................... ........................................................ 4,140.00 Salary of clerk.......................................................... ........................................................ 4,140.00 Extra clerical help.................................................... ........................................................ 1,800.00 Office supplies and expenses............................... ........................................................... 900.00 Purchase of and repairs to supplements of Nevada Compiled Laws............................ ........................................................... 500.00 Books, magazines, and general support............. ........................................................ 7,000.00
Sec. 23. Consolidated Offices of Superintendent of Banks, State Auditor, and Nevada Tax Commission. For the support of consolidated offices of superintendent of banks, state auditor, and Nevada tax commission $58,200.00 |
Cooperative underground water studies
Cooperative snow surveys
Cooperative stream measurement
Employment security department
State library
Consolidated offices |
κ1945 Statutes of Nevada, Page 484 (CHAPTER 246, SB 7)κ
|
Consolidated offices
State board of finance
Fish and game commission
Veterans service commission
Orphans home |
Apportioned as follows: Salary of superintendent of banks....................... ...................................................... $8,000.00 Salary of deputy superintendent of banks......... ........................................................ 6,000.00 Salary of deputy superintendent of banks......... ........................................................ 6,000.00 Salary of clerk.......................................................... ........................................................ 4,800.00 Salary of stenographer.......................................... ........................................................ 4,002.00 Salary of five commissioners................................ ........................................................ 6,000.00 Other salaries.......................................................... ........................................................ 9,200.00 Traveling expenses, including commissioners.. ...................................................... 10,900.00 Office supplies and miscellaneous expenses, including transcripts................................. ........................................................ 2,800.00 Equipment................................................................ ........................................................... 498.00
Sec. 24. The State Board of Finance. For the support of the state board of finance.... $1,000.00
Sec. 25. Fish and Game Commission. For the support of the fish and game commission................................................. $25,000.00 Apportioned as follows: Wages and salaries................................................ ...................................................... $6,000.00 Traveling expenses................................................ ........................................................ 1,500.00 General support...................................................... ...................................................... 17,500.00
Sec. 26. Veterans Service Commission. For the support of the office of veterans service commissioner................................ $16,500.00 Apportioned as follows: Salary of veterans service commissioner............ ...................................................... $7,200.00 Salary of clerk-stenographer................................. ........................................................ 3,864.00 Traveling expenses................................................ ........................................................ 3,000.00 Supplies and miscellaneous.................................. ........................................................ 1,700.00 Equipment................................................................ ........................................................... 736.00
Penal and Charitable Institutions
Sec. 27. The State Orphans Home. For the support of the state orphans home...... $89,888.00 Apportioned as follows: Salary of superintendent....................................... ...................................................... $6,000.00 Salary of matron...................................................... ........................................................ 4,000.00 Salaries of employees............................................ ...................................................... 30,880.00 Traveling expenses................................................ ........................................................... 700.00 Office supplies and expense................................. ........................................................... 100.00 General support, including medical and dental services....................................................... ...................................................... 42,208.00 General repairs........................................................ ........................................................ 4,000.00 Equipment................................................................ ........................................................ 2,000.00 |
κ1945 Statutes of Nevada, Page 485 (CHAPTER 246, SB 7)κ
|
Sec. 28. The Nevada State Hospital for Mental Diseases. For the support of the Nevada state hospital for mental diseases.................................... $332,709.00 Apportioned as follows: Salary of superintendent....................................... ...................................................... $7,200.00 Salaries of attendants and employees................. .................................................... 129,216.00 Traveling expenses................................................ ........................................................ 3,000.00 Office supplies and expense................................. ........................................................ 1,400.00 General support...................................................... .................................................... 175,000.00 Dental services and extra medical........................ ........................................................... 500.00 Equipment................................................................ ...................................................... 16,393.00
Sec. 29. The Nevada State Prison. For the support of the Nevada state prison....... $274,180.00 Apportioned as follows: Salary of warden..................................................... ...................................................... $7,200.00 Salaries of all employees, including physician.. .................................................... 103,480.00 Traveling expenses................................................ ........................................................... 500.00 General support, including discharge allowances.................................................. .................................................... 146,000.00 Dental services and extra medical........................ ........................................................ 2,000.00 Equipment and repairs........................................... ...................................................... 15,000.00
Sec. 30. Transportation of Prisoners. For the support of the Nevada state prison for transporting prisoners to Carson City, which shall include all expenses therewith, including rewards.................... $8,740.00
Sec. 31. Death Watch. For the support of the Nevada state prison for death watch over condemned prisoners $4,500.00
Sec. 32. Nevada School of Industry. For the support of the Nevada school of industry....................................................... $44,800.00 Apportioned as follows: Salary of superintendent....................................... ...................................................... $7,200.00 Salaries of instructors and employees................ ...................................................... 14,700.00 Traveling expenses................................................ ........................................................ 2,950.00 Medical and dental services................................. ........................................................ 1,000.00 Girls care................................................................. ........................................................ 2,400.00 General support, including equipment................ ...................................................... 16,550.00
Educational Institutions
Sec. 33. Department of Education, Administrative. For the support of the administrative duties of the department of education.................... $26,980.00 |
Hospital for mental diseases
Nevada state prison
Transportation of prisoners
Death watch
Nevada school of industry
Department of education, administrative |
κ1945 Statutes of Nevada, Page 486 (CHAPTER 246, SB 7)κ
|
Department of education, administrative
Department of education, supervision
Department of education, support and supervision
Board vocational education
Vocational education, rehabilitation division
Deaf, dumb and blind |
Apportioned as follows: Salary of superintendent of public instruction.. ...................................................... $7,200.00 Salary of stenographer.......................................... ........................................................ 4,140.00 Traveling expenses................................................ ........................................................ 2,500.00 Office supplies and expenses............................... ........................................................ 5,000.00 Equipment................................................................ ........................................................ 4,000.00 Clerk-typist.............................................................. ........................................................ 4,140.00
Sec. 34. Department of Education, Supervision. For the support of the department of education, supervision............................. $7,600.00 Apportioned as follows: Salary of office deputy.......................................... ...................................................... $6,600.00 Traveling expenses................................................ ........................................................... 500.00 Office supplies and expenses............................... ........................................................... 500.00
Sec. 35. Department of Education, Supervision. For the support of the department of education, supervision, from the state distributive school fund........................... $50,000.00 Apportioned as follows: Salary of five district deputies.............................. .................................................... $30,000.00 Traveling expenses, five district deputies.......... ........................................................ 9,000.00 Office expenses, district deputies........................ ...................................................... 11,000.00
Sec. 36. State Board of Vocational Education. For the support of state vocational education in connection with federal aid.................. $34,500.00 Apportioned as follows: Salary of supervisors of vocational education and clerical aid............................................ .................................................... $20,090.00 Traveling expenses................................................ ........................................................ 4,250.00 Supplies................................................................... ........................................................ 1,300.00 Subsidies to schools.............................................. ........................................................ 8,360.00 Equipment................................................................ ........................................................... 500.00
Sec. 37. Vocational Education, Rehabilitation Division. For the support of vocational rehabilitation service in cooperation with federal government................................................. $6,000.00
Sec. 38. The Care of the Deaf, Dumb, and Blind. For the support of the education of the deaf, dumb, and the blind................................... $20,600.00 |
κ1945 Statutes of Nevada, Page 487 (CHAPTER 246, SB 7)κ
|
Apportioned as follows: Traveling expenses................................................ ......................................................... $600.00 Tuition and care of pupils..................................... ...................................................... 20,000.00
Sec. 39. Miscellaneous Educational Expenditures. The following sum is hereby appropriated from the distributive school fund for the fiscal year ending June 30, 1947.............. $10,000.00 Apportioned as follows: For the support of evening and extension schools........................................................ ...................................................... $5,000.00 For the support of research work......................... ........................................................ 3,000.00 Traveling expenses of the state board of education.................................................... ........................................................ 2,000.00
Promotion of State Resources
Sec. 40. Eastern Nevada Agricultural Extension (Smith-Lever Act of Congress). For cooperative agricultural extension work in eastern Nevada as defined in the Smith-Lever act of Congress............................... $12,500.00
Sec. 41. Western Nevada Agricultural Extension (Smith-Lever Act of Congress). For cooperative agricultural extension work in western Nevada as defined in the Smith-Lever act of Congress............................... $6,500.00
Sec. 42. Noxious Weed Control. For the support of noxious weed control under the direction of the state quarantine officer........................................................... $8,000.00 Apportioned as follows: Salaries of employees............................................ ...................................................... $5,137.50 Traveling expenses................................................ ........................................................ 1,766.00 Office and general supplies and expenses......... ........................................................... 796.50 Equipment................................................................ ........................................................... 300.00
Sec. 43. Agricultural Seed Control. For the support of regulation of sales of agricultural seed by state quarantine officer........................................................... $4,000.00 Apportioned as follows: Salaries of employees............................................ ...................................................... $2,749.00 Traveling expenses................................................ ........................................................... 190.00 Office and general supplies and expenses......... ........................................................... 511.00 Equipment................................................................ ........................................................... 550.00 |
Miscellaneous educational expenditures
Eastern Nevada agricultural extension
Western Nevada agricultural extension
Noxious weed control
Agricultural seed control |
κ1945 Statutes of Nevada, Page 488 (CHAPTER 246, SB 7)κ
|
Standardization and grading of agricultural products
State board of stock commissioners
Agricultural society
State bureau of mines
Crippled childrens services
Maternal and child health
Venereal disease control
Dental hygiene |
Sec. 44. Standardization and Grading of Agricultural Products. For the support of standardizing and grading agricultural products................................. $5,000.00 Apportioned as follows: Salaries of employees............................................ ...................................................... $3,400.00 Traveling expenses................................................ ........................................................ 1,125.00 Office supplies and general expense................... ........................................................... 445.00 Equipment................................................................ ............................................................. 30.00
Sec. 45. State Board of Stock Commissioners For the support of the state board of stock commissioners to be expended for quarantine purposes only........................ $10,000.00 Apportioned as follows: Salaries of employees............................................ ...................................................... $6,655.00 Traveling expenses................................................ ........................................................ 1,800.00 Office and general supplies, expenses................ ........................................................ 1,545.00
Sec. 46. Agricultural Society. For maintenance of buildings, fire insurance premiums, salary of watchman and general support.......................................... $10,000.00
Sec. 47. Nevada State Bureau of Mines. For the support of the Nevada state bureau of mines............................................................ $30,000.00 Apportioned as follows: Salaries of employees............................................ .................................................... $14,900.00 Traveling expenses................................................ ........................................................ 4,000.00 Office supplies and general expense................... ........................................................ 8,700.00 Equipment................................................................ ........................................................ 2,400.00
Social Security
Sec. 48. Crippled Childrens Services. For the support of crippled childrens services in cooperation with the federal government................................................. $14,000.00
Sec. 49. Maternal and Child Health. For the support of maternal and child health in cooperation with the federal government................................................. $7,400.00
Sec. 50. Venereal Disease Control. For the support of venereal disease control in cooperation with the federal government................................................. $8,000.00
Sec. 51. Dental Hygiene. For the support of dental hygiene in cooperation with the federal government................................................. $10,000.00 |
κ1945 Statutes of Nevada, Page 489 (CHAPTER 246, SB 7)κ
|
Miscellaneous Expenses
Sec. 52. The State Board of Health, Administrative and Epidemiology. For the support of the state board of health-administrative and division of epidemiology.............................................. $17,580.00 Apportioned as follows: Salary of state health officer................................. ...................................................... $8,500.00 Salary of clerk-stenographer................................. ........................................................ 4,140.00 Extra clerical assistance and per diem of state board members........................................... ........................................................ 1,200.00 Traveling expenses................................................ ........................................................ 1,685.00 Office supplies and expenses............................... ........................................................ 1,155.00 Diphtheria and other disease antitoxins............. ........................................................... 500.00 Equipment................................................................ ........................................................... 400.00
Sec. 53. State Board of Health, Division of Vital Statistics. For the support of the state board of health, division of vital statistics......................... $13,240.00 Apportioned as follows: Salary of director.................................................... ...................................................... $6,000.00 Salary of clerk-stenographer................................. ........................................................ 4,140.00 Traveling expenses................................................ ........................................................... 600.00 Office supplies and expenses............................... ........................................................ 1,600.00 Record books for county registrars..................... ........................................................... 300.00 Registration of births and deaths........................ ........................................................... 300.00 Equipment................................................................ ........................................................... 300.00
Sec. 54. State Board of Health, Division of Public Health Engineering. For the support of the state board of health, division of public health engineering in cooperation with the federal government................................................. $10,390.00 Apportioned as follows: Salary of sanitary inspector.................................. ...................................................... $6,600.00 Traveling expenses................................................ ........................................................ 2,450.00 Office supplies and expenses............................... ........................................................ 1,040.00 Equipment................................................................ ........................................................... 300.00
Sec. 55. State Board of Health, State Hygienic Laboratory For the support of the state board of health, state hygienic laboratory.......................... $30,570.00 Apportioned as follows: Salaries..................................................................... .................................................... $20,500.00 Traveling expense.................................................. ........................................................... 100.00 Office supplies and miscellaneous expenses..... ........................................................ 9,470.00 Equipment................................................................ ........................................................... 500.00 |
State board of health, administrative and epidemiology
State board of health, division of vital statistics
State board of health, division of public health engineering
State board of health, state hygienic laboratory |
κ1945 Statutes of Nevada, Page 490 (CHAPTER 246, SB 7)κ
|
State supreme court
District judges traveling expenses
Miscellaneous state expenses
Percentage of items transferable, when
Repeal |
Sec. 56. State Supreme Court. For the support of the state supreme court........ $76,330.00 Apportioned as follows: Salary of three justices.......................................... .................................................... $45,000.00 Salary of clerk of the supreme court.................... ........................................................ 7,200.00 Salary of reporter of the supreme court.............. ........................................................ 5,400.00 Salary of three stenographers.............................. ...................................................... 11,730.00 Salary of bailiff........................................................ ........................................................... 600.00 Office supplies and expenses............................... ........................................................ 2,400.00 Publishing Nevada reports................................... ........................................................ 3,400.00 Equipment................................................................ ........................................................... 600.00
Sec. 57. District Judges Traveling Expenses. For traveling expenses of the district court judges to be apportioned by the state board of examiners..................................... $13,000.00
Sec. 58. Miscellaneous State Expenses. For the support of miscellaneous state expenses, not otherwise classified.......... $49,325.00 Apportioned as follows: Refund of state taxes............................................. ......................................................... $500.00 State officers bond premiums.............................. ........................................................ 6,000.00 Rewards of the governor....................................... ........................................................ 1,500.00 Promotion of uniform laws.................................... ........................................................... 525.00 State official printing.............................................. ........................................................ 7,200.00 Industrial insurance, state employees................. ...................................................... 15,000.00 Care of G. A. R. cemeteries.................................... ........................................................... 600.00 Interest on possible judgments............................ ........................................................ 4,000.00 Fire insurance premiums........................................ ...................................................... 14,000.00
Sec. 59. Upon the written application of the officer, board, commission, or other departmental head concerned, and with the written consent of the state board of examiners, the state controller is hereby authorized to make a transfer of not to exceed 25% (twenty-five per centum) of any item hereinabove apportioned for the support of such office, board, commission, or department, to any other item or items, save and except that no such transfer shall ever be made to or from the sums appropriated specifically for salaries and for traveling expenses. Sec. 60. All acts and parts of acts in conflict with this act are hereby repealed, including all acts and parts of acts which provide appropriations for the purposes outlined in this act. |
________
κ1945 Statutes of Nevada, Page 491κ
|
[Senate Bill No. 165Committee on Ways and Means]
Chap. 247An Act to fix the state tax levy for the year 1945 and 1946 and to distribute the said levy to the proper funds.
[Approved March 27, 1945]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the year commencing January 1, 1945, an ad valorem tax of 64 cents on each one hundred ($100) dollars 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: Contingent university fund, 12 1/2 cents; university public service division, 1 1/2 cents; state farm bureau, 1 cent; public school teachers permanent fund, 2 1/2 cents; state distributive school fund, 19 cents; old-age assistance fund, 12 cents; board of control repair fund, 1/2 cent; state aid to rural schools, 1/2 cent; general fund 13 1/2 cents; University of Nevada retirement plan, 1 cent. Sec. 2. For the year commencing January 1, 1946, an ad valorem tax of 64 cents on each one hundred ($100) dollars 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: Contingent university fund, 12 1/2 cents; university public service division, 1 1/2 cents; state farm bureau, 1 cent; public school teachers permanent fund, 2 1/2 cents; state distributive school fund, 19 cents; old-age assistance fund, 12 cents, board of control repair fund, 1/2 cent; state aid to rural schools, 1/2 cent; general fund 13 1/2 cents; University of Nevada retirement plan, 1 cent. Sec. 3. This act shall take effect upon its passage and approval. |
Tax levy for year 1945
Tax levy for year 1946
In effect |
________
κ1945 Statutes of Nevada, Page 492κ
|
Title of act amended
Apportionment of license fees
Unincorporated cities and towns to receive portion |
[Senate Bill No. 142Senators Dressler, Johnson, Cox, Haight, and Robbins]
Chap. 248An Act to amend the title of and to further amend an act entitled An act concerning slot machines, gambling games, and gambling devices; providing for the operation thereof under license; providing for certain license fees and the use of the money obtained therefrom; prohibiting minors from playing and loitering about such games; designating the penalties for violations of the provisions thereof; and other matters properly relating thereto, approved March 19, 1931, as amended, by amending the title, by amending certain sections thereof, and by adding new sections thereto to be known as sections 10a, 10b, 10c, 10d, 10e, and 10f.
[Became a law March 28, 1945, without the governors signature]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The title of the above-entitled act is amended to read as follows: An Act concerning slot machines, gambling games, and gambling devices; providing for the operation thereof under county and state licenses; providing for certain license fees and the use of the money obtained therefrom; prohibiting minors from playing and loitering about such games; designating the penalties for violations of the provisions thereof; and other matters properly relating thereto. Sec. 2. Section 5 of said act, being 1929 Nevada Compiled Laws, 1941 Supp., section 3302.04, is amended to read as follows: Section 5. All moneys received for licenses under the provisions of sections 1 to 4, inclusive, shall be paid, twenty-five (25%) percent to the state treasurer for general state purposes, and seventy-five (75%) percent to the county treasurer of the county wherein the same is collected for general county purposes; provided, where the license is collected within the boundaries of any incorporated city or town the county shall retain twenty-five (25%) percent of said moneys, and the incorporated city or town shall receive fifty (50%) percent of said moneys so collected, and the same shall be paid into the treasury of such incorporated city or town for general purposes; provided further, where the license is collected within the boundaries of any unincorporated city or town that is under the control of the board of county commissioners under and by virtue of an act entitled An act providing for the government of the towns and cities of this state, approved February 26, 1881, the county shall retain twenty-five (25%) percent of said moneys, and fifty (50%) percent of said moneys so collected shall be placed in the town government fund for general use and benefits of such unincorporated city or town. |
κ1945 Statutes of Nevada, Page 493 (CHAPTER 248, SB 142)κ
|
percent of said moneys so collected shall be placed in the town government fund for general use and benefits of such unincorporated city or town. Sec. 3. Section 9 of said act, being 1929 Nevada Compiled Laws, 1941 Supp., section 3302.08, is amended to read as follows: Section 9. For the purposes of this act, the term game or games shall be construed to mean and include all games or devices herein mentioned and any slot machine or slot machines played for money or for checks or tokens redeemable in money or property. Nothing in this act shall be construed to prohibit social games played solely for drinks or cigars served individually, or games played in private homes or residences for prizes, or nickel-in-the-slot machines operated solely for cigars or drinks. Sec. 4. Section 10 of said act, being 1929 Nevada Compiled Laws, 1941 Supp., section 3302.09, is amended to read as follows: Section 10. For the purposes of this act words and phrases used in this act, unless the context clearly forbids, shall have the following meaning: (a) Gambling game means any game named or described in sections 1 and 9 of this act. (b) State gambling license means the license issued quarterly by the Nevada tax commission pursuant to this act, in addition to and as distinguished from the license issued pursuant to sections 1 to 5, inclusive, of this act. (c) Gross revenue means the total of all sums received as winnings less only the total of all sums paid out as losses by a licensee under a state gambling license over the period of the quarter year immediately preceding the quarter year for which such state license is issued. Sec. 5. The above-entitled act is further amended by adding six (6) new sections thereto immediately after section ten of this act, as follows: Section 10a. It shall be unlawful for any person, firm, association, or corporation, either as owner, lessee or employee, whether for hire or not, to deal, operate, carry on, conduct, maintain, or expose for play, in the State of Nevada, any gambling game or games, played for money, property, checks, or representatives of value; or any gambling game or games in which any person, firm, association, or corporation, keeping, conducting, managing, or permitting the same to be carried on, receives, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played, for keeping, running, or carrying on, or permitting the said game or games to be carried on, without having first procured a state gambling license for the same as hereinafter provided. |
Term game or games construed
Social games not prohibited
Words and phrases defined
Unlawful to conduct games without license |
κ1945 Statutes of Nevada, Page 494 (CHAPTER 248, SB 142)κ
|
License necessary for use of gambling devices
Provisions of act to be administered by tax commission
Sworn applications for licenses to be made to tax commission each quarter year
When provisional license may be issued |
as hereinafter provided. And it shall also be unlawful for any person, firm, association, or corporation to lend, let, or deliver any equipment of any gambling game, including any slot machine, for any compensation, rental, reward, partnership, interest or any percentage or share of the money or property played, under guise of any agreement whatsoever, without likewise having first procured a state gambling license for the same as hereinafter provided. Section 10b. The provisions of this act respecting state gambling licenses shall be administered by the Nevada tax commission, which is hereby empowered to make rules and regulations necessary for the administration of this act and not inconsistent with the provisions hereof. It shall have power to demand access to and to inspect all papers and records of applicants and licensees respecting the gross revenue produced by their business and all other matters affecting the licenses and license rates provided herein; all information and data required by the commission to be furnished to it hereunder or which may be otherwise obtained, relative to the earnings or revenue of any applicant or licensee shall be considered confidential and shall not be revealed in whole or in part to anyone except in the course of the necessary administration of this act. Section 10c. Before July 10, 1945, and before the 10th day of the first month in each succeeding quarter year, every person, firm, association, or corporation required by this act to procure a state gambling license shall make application to the Nevada tax commission therefor and pay the amount therefor prescribed in this act. The application shall be sworn to and shall be made on or according to forms prepared by the Nevada tax commission and shall include the name of the proposed licensee, the location of his place or places of business; the gambling game or games to be operated; the names of all persons directly or indirectly interested in the business and the nature of such interest; a sufficient description of all gambling licenses other than state gambling licenses issued in any county and counties in Nevada to the applicant for the then current quarter year; a statement of gross revenue of the applicant from the business proposed to be licensed, and such other information and details as the Nevada tax commission may require in order to properly discharge its duty. If the applicant has not operated the business for the full period of the quarter year preceding the application, or if for any reason a record of the past cannot be obtained, the commission may issue a provisional license for the current quarter on an estimate of the license fee due, and take a sufficient bond or undertaking in a penal sum not exceeding ten thousand dollars ($10,000) conditioned for the payment in arrears at the end of the current quarter of the charge due on the basis of the gross revenue for that quarter. |
κ1945 Statutes of Nevada, Page 495 (CHAPTER 248, SB 142)κ
|
end of the current quarter of the charge due on the basis of the gross revenue for that quarter. If the amount of the quarterly gross revenue of the applicant does not exceed three thousand dollars ($3,000), the quarterly state gambling license shall nevertheless be issued, but without charge. Section 10d. On July 15, 1945, and before the 15th day of the first month of each succeeding quarter or so soon thereafter as practicable, the Nevada tax commission shall issue to each applicant entitled thereto a state gambling license for the current quarter covering the games already licensed for that quarter under sections 1 to 5, inclusive, of this act, upon receipt of the licensee fee therefor, if any, which state gambling license shall be posted by the recipient and kept posted in a conspicuous place in his place of business during the quarter year designated therein and until replaced by a succeeding license. Section 10e. The Nevada tax commission, before issuing a state gambling license shall charge and collect from each applicant a license fee equal to one (1%) percent of all the gross revenue of such applicant exceeding three thousand dollars ($3,000) quarterly. No state gambling license shall be issued to any applicant until the license fee, if any, has been paid in full. Section 10f. All state gambling license fees collected hereunder by the Nevada tax commission shall be immediately paid over to the state treasurer for the benefit of the general fund. All costs of administration of this act shall be paid from such fund on claims presented by the Nevada tax commission, and approved by the state board of examiners; provided, however, the amount of such claims shall not exceed five (5%) percent of the amount so collected by the Nevada tax commission. Sec. 6. This act shall take effect immediately upon its passage and approval. |
Licenses issuable July 15, 1945
License to be posted
Tax commission to collect license fee
Fees to be paid in full
Fees to be placed in state treasury
In effect |
________
|
The State of Nevada-Executive Chamber,
Carson City, March 28, 1945.
Honorable Malcolm McEachin, Secretary of State, Carson City, Nevada. Dear Sir: The constitutional time limit within which I might act with reference to Senate Bill No. 142 having elapsed without my having taken any action thereon and it having thus become a law, I now transmit to you for filing Senate Bill No. 142, introduced by Senators Dressler, Johnson, Cox, Haight and Robbins, and entitled An Act to amend the title of and to further amend an act entitled An Act concerning slot machines, gambling games, and gambling devices; providing for the operation thereof under license; providing for certain license fees and the use of the money obtained therefrom; prohibiting minors from playing and loitering about such games; designating the penalties for violations of the provisions thereof; and other matters properly relating thereto, approved March 19, 1931, as amended, by amending the title, by amending certain sections thereof, and by adding new sections thereto to be known as sections 10a, 10b, 10c, 10d, 10e, and 10f. |
|
κ1945 Statutes of Nevada, Page 496 (CHAPTER 248, SB 142)κ
|
|
I am hopeful that my reasons for so handling this bill will interest and possibly be of some aid to the members of the next session of the Nevada Legislature, should this matter come up for review and reconsideration by them, as appears to be likely. I, therefore, respectfully request that when my veto messages, filed since the adjournment of the recent Legislative Session, are transmitted by you to the Forty-third Session of the Nevada Legislature, you accompany them with this letter. Senate Bill No. 142 imposes on the gambling business a type of tax which the State of Nevada has avoided in the past as a matter of policy. It has been strenuously argued that the gambling business is in an entirely different category from what we may, for the mere sake of differentiation, term legitimate business. I feel, however, that with the State making this departure from its fixed past policy, the effort will be made to extend the imposition of this type of taxation, and that the wiser course would have been to avoid this type of taxation, and obtain a just contribution from the gambling business by imposing a higher license fee. Approximately two years of operation under Senate Bill No. 142 will make available to the next Legislature most valuable information, such as: the amount actually realized by 1% tax; the workability of this law; the difficulties, if any, encountered in its enforcement. Present guesses may be supplanted then by definite information, which will enable the Legislature to weigh the situation for taking intelligent action thereon. It is for these reasons that I have permitted Senate Bill No. 142 to become a law.
Respectfully submitted, E. P. CARVILLE, Governor. |
________