[Rev. 3/1/2019 5:07:21 PM]
κ1951 Statutes of Nevada, Page 401 (CHAPTER 277, AB 122)κ
of the remainder at the end of two years, from the second day of the calendar year next succeeding their appointment.
(b) If the total membership is an odd number, the terms of a bare majority of the members will expire at the end of one year, and the terms of the remainder at the end of two years, from the second day of the calendar year next succeeding their appointment.
The term of each subsequent member is two years from and after the expiration of the term of his predecessor.
Sec. 29. In event of the resignation, death, or disability of any member, his successor shall be appointed by the governing body which appointed him.
Sec. 30. The members of the first district board shall meet on the first Monday subsequent to 30 days after the filing with the secretary of state of the certificate of incorporation of the district. They shall organize by the election of one of their members as president and one as secretary.
Sec. 31. The members of the district board shall serve without compensation; but the necessary expenses of each member for actual traveling in connection with meetings or business of the board shall be allowed and paid. In lieu of expenses, the district board may by resolution provide for the allowance and payment to each member of the board of a sum not exceeding five dollars ($5) per month for expenses incurred in attending business meetings of the board.
Sec. 32. The secretary shall receive such compensation as shall be fixed by the district board.
Sec. 33. The district board shall provide for the time and place of holding its regular meetings, and the manner of calling them, and shall establish rules for its proceedings.
Sec. 34. Special meetings may be called by three members, notice of which shall be given to each member at least three hours before the meeting.
Sec. 35. All of its sessions, whether regular or special, shall be open to the public.
Sec. 36. A majority of the members shall constitute a quorum for the transaction of business.
Sec. 37. The district board may:
(a) Take all necessary or proper steps for the extermination of mosquitoes, flies, or other insects either in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, or other insects from such territory migrate into the district.
(b) Subject to the paramount control of the county or city in which they exist, abate as nuisances all stagnant pools of water and other breeding places for mosquitoes, flies, or other insects either in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, or other insects for such territory migrate into the district.
(c) Purchase such supplies and materials, employ such personnel and contract for such services as may be necessary or proper in furtherance of the objects of this chapter.
κ1951 Statutes of Nevada, Page 402 (CHAPTER 277, AB 122)κ
contract for such services as may be necessary or proper in furtherance of the objects of this chapter.
(d) If necessary or proper, in the furtherance of the objects of this chapter, build, construct, repair, and maintain necessary dikes, levees, cuts, canals, or ditches upon any land, and acquire by purchase, condemnation, or by other lawful means, in the name of the district, any lands, rights of way, easements, property, or material necessary for any of those purposes.
(e) Make contracts to indemnify or compensate any owner of land or other property for any injury or damage necessarily caused by the use or taking of property for dikes, levees, cuts, canals, or ditches.
(f) Enter upon without hindrance any lands, within or without the district, for the purpose of inspection to ascertain whether breeding places of mosquitoes, flies, or other insects exist upon such lands; or to abate public nuisances in accordance with this act; or to ascertain if notices to abate the breeding of mosquitoes, flies, or other insects upon such lands have been complied with; or to treat with oil or other larvicidal material any breeding places of mosquitoes, flies, or other insects upon such lands.
(g) Sell or lease any land, rights of way, easements, property or material acquired by the district.
Every sale of real property pursuant to this subdivision shall be made to the highest bidder at public auction after five days notice given pursuant to section 3 of this act, and at such place within the district as the district board shall specify.
(h) Borrow money in any fiscal year and repay it in the same or in the next ensuing fiscal year. The amount borrowed in any fiscal year is not to exceed fifteen cents ($0.15) in each one hundred dollars ($100) of assessed valuation of property in the district.
(i) Issue warrants payable at the time stated therein to evidence the obligation to repay money borrowed or any other obligation incurred by the district, warrants so issued to draw interest at a rate fixed by the board not to exceed 5 percent per year, payable annually or semiannually as the board may prescribe.
(j) Do any and all things necessary or incident to the powers granted by, and to carry out the objects specified in, this act.
Sec. 38. At the hearing the district board shall redetermine whether or not the owner shall abate the nuisance and prevent its recurrence, and shall specify a time within which the work shall be completed.
Sec. 39. In the event that the nuisance is not abated within the time specified in the notice or at the hearing, the district board shall abate the nuisance by destroying the larvae or pupae and by taking appropriate measures to prevent the recurrence of further breeding.
Sec. 40. The cost of abatement shall be repaid to the district by the owner.
Sec. 41. All sums expended by the district in abating a nuisance or preventing its recurrence are a lien upon the property on which the nuisance is abated, or its recurrence prevented.
Sec. 42. Notice of the lien shall be filed and recorded by the district board in the office of the county recorder of the county in which the property is situated within six months after the first item of expenditure by the board.
κ1951 Statutes of Nevada, Page 403 (CHAPTER 277, AB 122)κ
board in the office of the county recorder of the county in which the property is situated within six months after the first item of expenditure by the board.
Sec. 43. An action to foreclose the lien shall be commenced within six months after the filing and recording of the notice of lien.
Sec. 44. The action shall be brought by the district board in the name of the district.
Sec. 45. When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure shall be paid to the district; and the surplus, if any, shall be paid to the owner of the property if known, and if not known, shall be paid into the court in which the lien was foreclosed for the use of the owner when ascertained.
Sec. 46. The lien provisions of this chapter do not apply to the property of any county, city, district, or other public corporation. However, the governing body of the county, city, district, or other public corporation shall repay to any mosquito abatement district the amount expended by the district upon any of its property under this chapter upon presentation by the district board of a verified claim or bill.
Sec. 47. Any mosquito abatement district organized on or after July 1, 1951, that elects to do so by vote taken at an election called and conducted as provided for an election for a tax to raise additional funds for the district, may provide for the destruction and extermination of rats in the district; and may include suitable sums for that purpose in its expense estimates, which shall be raised in the manner provided by law for the raising of other sums for the district.
Sec. 48. The district board shall supervise and manage the destruction and extermination of liver fluke or fasciola hepatica in the district by the officers, agents, and employees of the district.
Sec. 49. Any person who obstructs, hinders, or interferes with the entry upon any land mentioned in this act of any officer or employee of the district in the performance of his duty, and any person who obstructs, interferes with, molests, or damages any work performed by the district, is guilty of a misdemeanor.
Sec. 50. The district board of each mosquito abatement district shall, at least 15 days before the first day of the month in which the board of county commissioners of the county in which the district is situated is required by law to levy the amount of taxes required for county purposes, furnish the board of county commissioners and county auditor of the county an estimate in writing of the amount of money necessary for the districts purposes during the next ensuing fiscal year. The amount of money necessary for the districts purposes may include a cash-basis fund and an emergency fund.
Sec. 51. If the district is in more than one county the total estimate shall be prorated for each county by the district board in proportion to the value of the taxable property of the district in each county. The value of the taxable property shall be determined from the last equalized assessment rolls of the counties. When the proration of the estimate has been made, the district board shall furnish the county commissioners and auditors of each county a written statement of the apportionment for that county.
κ1951 Statutes of Nevada, Page 404 (CHAPTER 277, AB 122)κ
the county commissioners and auditors of each county a written statement of the apportionment for that county.
Sec. 52. The board of county commissioners of each county in which any part of a district is situated shall, at the time of levying county taxes, levy a tax to be known as the mosquito abatement district tax, sufficient to raise the amount reported to it by the district board, upon property of the district in the county. The board of county commissioners shall determine the rate of the tax by deducting 15 percent for anticipated delinquencies from the total assessed value of the taxable property of the district within the county as it appears on the assessment roll of the county, and then dividing the sum reported to it by the district board by the remainder of the total assessed value.
Sec. 53. If the rate thus produced is fifteen cents ($0.15) or less on each one hundred dollars ($100) of taxable property of the district in the county the county board of commissioners shall levy the tax at the rate thus produced. If the rate thus produced exceeds fifteen cents ($0.15), the board of county commissioners may require of the district such information as will enable it to determine the necessity of the expenditures contemplated by the estimate, and, in its discretion, and after a finding of necessity therefor, levy the tax at the rate thus produced or at such lower rate as it finds will produce the amount required to meet the expenditures found by it to be necessary; but if it finds that such necessity does not exist, it shall levy the tax at the rate of fifteen cents ($0.15) or less on each one hundred dollars ($100) of taxable property in the district.
If the district is in more than one county, the board of commissioners of any county in which the district lies shall not levy a tax at a rate in excess of fifteen cents ($0.15), unless the boards of county commissioners of the other counties in which the district lies levy the tax at the same rate. If the boards of county commissioners can not agree on a rate to be levied in excess of fifteen cents ($0.15), the rate of tax shall not exceed fifteen cents ($0.15). The maximum rate of the tax shall not be greater than twenty cents ($0.20) on each one hundred dollars ($100) of taxable property of the district in the county.
Sec. 54. Whenever it appears to the district board that the amount of funds required during an ensuing fiscal year will exceed the amount that can be raised by a levy by the board of county commissioners of the maximum rate for the annual district tax, the district board may call an election to submit to the electors of the district the question of whether a tax shall be voted for raising the additional funds.
Sec. 55. Notice of the election shall be published for at least four weeks prior to the election.
Sec. 56. No particular form of ballot shall be required, nor shall any informalities in conducting the election invalidate it if it is otherwise fairly conducted.
Sec. 57. At the election the ballots shall contain the words Shall the district vote a tax to raise the additional sum of ?, or words equivalent thereto.
κ1951 Statutes of Nevada, Page 405 (CHAPTER 277, AB 122)κ
Sec. 58. The district board shall canvass the votes cast at the election, and if a majority are in favor of the imposition of the tax, shall report the result to the board of county commissioners of the county in which the district is situated, stating the additional amount of money required to be raised. If the district is in more than one county the additional amount shall be prorated for each county by the district board in the same way that the districts original total estimate of funds is prorated; and the district board shall furnish the commissioners and auditor of each county a written statement of the apportionment for that county.
Sec. 59. The board of county commissioners of each county receiving the written statement shall, at the time of levying county taxes, levy an additional tax upon all the taxable property of the district in the county sufficient to raise the amount apportioned to that county.
Sec. 60. All taxes levied under this chapter shall be computed and entered on the county assessment roll by the county auditor and collected at the same time and in the same manner as other county taxes. When collected, the taxes shall be paid into the county treasury for the use of the district.
Sec. 61. If the district is in more than one county the treasury of the county in which the district is organized is the depository of all funds of the district.
Sec. 62. The treasurers of the other counties shall, at any time, not oftener than twice each year, upon the order of the district board settle with the district board and pay over to the treasurer of the county where the district is organized all money in their possession belonging to the district. The last named treasurer shall receipt for the money and place it to the credit of the district.
Sec. 63. The fund shall only be withdrawn from the county treasury depository upon the warrant of the district board signed by its president or acting president, and countersigned by its secretary. However, if the county in which the district is situated has adopted a requisition system covering the withdrawals of funds for the purchase of services or supplies, the district board may, by resolution, adopt such system and make withdrawals in accordance therewith.
Sec. 64. The district board may establish and maintain a cash-basis fund for the purpose of defraying district expenses between the beginning of a fiscal year and the time of distribution of tax receipts on a fiscal year. Such cash-basis fund shall not exceed 60 percent of the estimated expenditures for a fiscal year.
Sec. 65. The district board may establish and maintain an emergency fund for the purpose of defraying unusual and unanticipated expenses incurred during epidemics or threatened epidemics of insect-borne diseases. Expenditures from such emergency fund may be made only upon an affirmative vote of four-fifths of the members of the district board. Such emergency fund is not to exceed 25 percent of the estimated expenditures for a fiscal year.
Sec. 66. Any territory lying adjacent and contiguous to a mosquito abatement district may be annexed to the district.
κ1951 Statutes of Nevada, Page 406 (CHAPTER 277, AB 122)κ
Sec. 67. If the territory is in a city, consent to the annexation shall first be obtained from the governing body of the city. An authenticated copy of the resolution or order of that body consenting to the annexation, shall be attached to the annexation petition.
Sec. 68. The district board, upon receiving a written petition for annexation containing a description of the territory sought to be annexed, signed by registered voters in the territory equal in number to at least 10 percent of the number of votes cast in the territory for the office of governor at the last gubernatorial election prior to the time the petition is presented, shall set the petition for hearing. It shall give notice of the hearing by publishing a copy of the petition, together with notice of the time and place set for the hearing, in each county in which any part of the district or of the territory is situated, and in each city situated wholly or in part in the territory.
Sec. 69. No more than five of the names attached to the petition need appear in the publication, but the number of signers shall be stated.
Sec. 70. As an alternative to the procedure prescribed in sections 78 and 79 of this act, a city may petition for annexation to a district in the following manner:
(a) The governing body of the city shall by resolution announce its intention to petition for annexation to the district setting a place and a time not less than 14 days nor more than 30 days subsequent to the adoption of the resolution, at which time any resident of the city may appear and be heard by the governing body thereon.
(b) Notice of the hearing shall be published once in a newspaper of general circulation in the city, at least seven days before the date of the hearing.
(c) Upon the completion of the hearing, or any continuances thereof, the governing body of the city, two-thirds of its members concurring therein, may adopt a resolution petitioning the annexation of the city to the district. A certified copy of the resolution shall be filed with the district board.
(d) Upon receipt of a certified copy of a resolution by the governing body of a city petitioning for annexation of the city to the district, the district board shall set the petition for hearing not less than 30 days nor more than 90 days from the date on which the resolution is filed with the district board. It shall give notice of the hearing by publishing a copy of the resolution together with notice of the time and place set for hearing, not less than two times in a newspaper of general circulation in the district and in the city, the second publication thereof being at least seven days prior to the date set for the hearing.
(e) Subsequent proceedings shall be conducted in the manner provided in this act.
Sec. 71. At the time set for the hearing the district board shall hear persons appearing in behalf of the petition and all protests and objections to it. The district board may adjourn the hearing from time to time, not exceeding two months in all.
Sec. 72. On the final hearing the district board shall make such changes as it believes advisable in the boundaries of the territory, and shall define and establish the boundaries.
κ1951 Statutes of Nevada, Page 407 (CHAPTER 277, AB 122)κ
changes as it believes advisable in the boundaries of the territory, and shall define and establish the boundaries. It shall also determine whether or not the petition meets the requirements of this chapter.
Sec. 73. The failure of any person interested in the annexation of territory to the district to object to the annexation is an assent on his part to any change in the boundaries in the district that may be requested in the petition or to any change made by the district board.
Sec. 74. The filing of the petition with the district board is an assent on the part of each of the petitioners to any change in the boundaries of the district that will include the whole or any portion of the territory described in the petition.
Sec. 75. If upon the hearing the district board finds that the petition and the proceedings thereon meet the requirements of this chapter and that it is desirable and to the interests of the district and of the territory proposed to be annexed that the territory, with boundaries as fixed and determined by the district board, or any portion of it, should be annexed to the district, the board shall order the boundaries of the district changed to include the territory, or portion of the territory.
Sec. 76. The order of annexation shall describe the boundaries of the annexed territory and that portion of the boundary of the district which coincides with any boundary of the territory. If necessary in making the order, the board may have any portion of the boundaries surveyed.
Sec. 77. If more than one petition for the annexation of territory have been presented, the district board may in one order include in the district any number of separate territories.
Sec. 78. The order of annexation shall be entered in the minutes of the board and certified copies shall be filed with the secretary of state and with the county clerk and county recorder of each county in which the district or any part of it is situated.
Sec. 79. From and after the date of the filing and recording of the certified copies of the order, the territory described in the order is a part of the district, with all the rights, privileges, and powers set forth in this chapter and those necessarily incident thereto.
Sec. 80. After the annexation of territory to a district the district board shall consist of the number and shall be appointed in the manner prescribed by this chapter for a district formed originally with boundaries embracing the annexed territory. However, the members of the district board in office at the time of annexation shall continue to serve as members during the remainder of the terms for which they were appointed.
Sec. 81. Two or more contiguous mosquito abatement districts may be consolidated, or any combination of contiguous mosquito abatement districts and pest abatement districts may be consolidated.
Sec. 82. Whenever in the judgment of the district board it is for the best interests of the district that it be consolidated with one or more other similar districts, it may, by a two-thirds vote of its members, adopt a resolution reciting that fact and declaring the advisability of the consolidation and the willingness of the board to consolidate. It shall then send a copy of the resolution to the board of each of the other districts with which consolidation is proposed.
κ1951 Statutes of Nevada, Page 408 (CHAPTER 277, AB 122)κ
shall then send a copy of the resolution to the board of each of the other districts with which consolidation is proposed.
Sec. 83. The district board of each of the other districts with which consolidation is proposed shall consider the proposal and give notice of its decision to the proposing board. If it appears from the original resolution and the notice of the decision of the district board of each of the other districts that two-thirds of the members of each of the boards of the districts proposed to be consolidated are in favor of consolidation, and are willing to consolidate, each of said district boards shall then, by not less than a two-thirds vote of the membership of each board, adopt a concurrent resolution in favor of consolidation, declaring their willingness to consolidate, specifying a name for the consolidated district, and specifying whether the consolidated district shall become a mosquito abatement district and be governed by the provisions of this act relating to mosquito abatement districts or become a pest abatement district and be governed by the provisions of this act relating to pest abatement districts. Immediately upon the adoption of such concurrent resolution a copy signed by not less than two-thirds of the members of each of the boards of the districts proposed to be consolidated shall be forwarded to the board of county commissioners of the county in which all the districts, or greater portion of the land in all of the districts, are situated.
Sec. 84. If it appears that not less than two-thirds of the members of each of the boards of the districts proposed to be consolidated have signed the concurrent resolution favoring consolidation of the districts, declaring their willingness to consolidate, specifying a name for the consolidated district, and specifying whether the consolidated district shall become a mosquito abatement district and be governed by the provisions of this act relative to mosquito abatement districts or become a pest abatement district and be governed by the provisions of this act relative to pest abatement districts, the board of county commissioners shall immediately:
(a) Enter an order in its minutes consolidating all of the districts proposed to be consolidated into one district of the type specified in the concurrent resolution.
(b) Transmit a certified copy of the order to the board of county commissioners of any other county in which any portion of the proposed consolidated district is situated.
(c) Record a copy in the office of the county recorder of each of the counties in which any portion of the proposed consolidated district is situated.
(d) File a copy in the office of the secretary of state.
Sec. 85. After the transmission, recording, and filing of the order, the territory in the districts entering into the consolidation proposal forms a single consolidated district.
Sec. 86. After the consolidation the district board of the consolidated district shall consist of the number and shall be appointed in the manner prescribed by this chapter for a district originally formed with boundaries embracing the territory within the district.
κ1951 Statutes of Nevada, Page 409 (CHAPTER 277, AB 122)κ
the manner prescribed by this chapter for a district originally formed with boundaries embracing the territory within the district.
Sec. 87. The terms of the members of the district boards of the several districts consolidated who are in office at the time of consolidation shall terminate at the time the consolidation becomes effective. The board of county commissioners on the date that such consolidation becomes effective shall select and appoint officers for the consolidated district in the same manner that such officers are selected and appointed under the provisions of this act relating to a district of the type which is selected for the consolidated district by the concurrent resolution adopted in connection with the consolidation.
Sec. 88. The original resolution proposing a consolidation shall specify a name for the consolidated district.
Sec. 89. A consolidated district has all the rights, powers, duties, privileges, and obligations of a new district formed under the provisions of this act relating to a district of the type selected for the consolidated district by the concurrent resolution adopted in connection with the consolidation.
Sec. 90. If at the time of a consolidation there is outstanding any indebtedness of any former districts included in the consolidated district, the indebtedness shall be paid in the manner provided for the payment of indebtedness upon the dissolution of a district.
Sec. 91. A consolidated district shall not be liable for any indebtedness of any former districts included in it which was outstanding at the time of consolidation.
Sec. 92. No property in any of the former districts shall be taxed to pay any indebtedness of any former district existing at the date of the consolidation.
Sec. 93. The district may at any time be dissolved upon the vote of two-thirds of the qualified electors in the district at an election called by the district board upon the question. The proposition shall be submitted as follows: Shall the district be dissolved?, or words equivalent thereto.
Sec. 94. Notice of the election shall be published at least four weeks prior to the election in the district.
Sec. 95. If two-thirds of the votes at the election are in favor of the dissolution, the district board shall certify that fact to the secretary of state. Upon receipt of the certificate, the secretary of state shall issue his certificate reciting that the district (naming it) has been dissolved, and shall transmit to and file a copy with the county clerk of each county in which any portion of the district is situated.
Sec. 96. After the date of the certificate of the secretary of state, the district is dissolved.
Sec. 97. If the district at the time of dissolution was in unincorporated territory in one county, its property vests in the county.
Sec. 98. If the district at the time of dissolution was situated wholly within the boundaries of a single city, its property vests in the city.
κ1951 Statutes of Nevada, Page 410 (CHAPTER 277, AB 122)κ
wholly within the boundaries of a single city, its property vests in the city.
Sec. 99. If the district comprised unincorporated territory alone situated in two or more counties, its property vests in the counties in proportion to the assessed value of the districts property in each county as shown upon the last equalized county assessment roll.
Sec. 100. If the district comprised both incorporated and unincorporated territory its property vests in each city and each county in the territory in proportion to the assessed value of the districts property in the city or county as shown upon the last equalized county assessment rolls. However, any real property easements, or rights of way vest in:
(a) The city in which they are situated, if situated in incorporated territory;
(b) The county in which they are situated, if situated in unincorporated territory.
Sec. 101. If at the time of the election to dissolve a district there is outstanding any indebtedness of the district, the vote to dissolve the district dissolves it for all purposes except the levy and collection of taxes for the payment of the indebtedness, and for the payment of expenses in assessing, levying, and collecting taxes.
Until the indebtedness is paid, the board of county commissioners of the county in which the greater portion of the district was situated shall act ex officio as the district board and shall levy taxes and perform such functions as may be necessary in order to pay the indebtedness.
Sec. 102. The state department shall make such studies and demonstrations as may be necessary to determine any areas of the state which have a high proportion of mosquito-borne diseases, including malaria and encephalitis.
Sec. 103. The department may enter into a cooperative agreement with any local district or other public agency engaged in the work of controlling mosquitoes or gnats, or mosquitoes and gnats, in such areas under such terms, conditions, and specifications as the board may prescribe. Such agreement may provide for financial assistance on behalf of the state and for the doing of all or any portion of the necessary work by either of the contracting parties, except that in no event shall the department agree that the states contribution shall exceed 50 percent of the total cost of any acceptable plan.
________
κ1951 Statutes of Nevada, Page 411κ
Assembly Bill No. 308Select Committee of Washoe County, District No. 2
CHAPTER 278
AN ACT to amend an act entitled An act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There shall be added to the provisions of the city charter of the city of Sparks, Washoe County, Nevada, article XVII, as follows:
Article XVII
Section 1. 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 Sparks adopt a civil service commission to govern the selection and appointment of employees of the city? Yes .......... No ...........
If, upon the official canvas of the election returns, a majority of votes cast are in the affirmative, the city council shall, within a period of six months after the election at which the civil service commission is approved, appoint such commission in the following manner.
Section 2. The civil service commission shall be appointed by a majority vote of the whole council and said commission shall consist of three citizens and taxpayers of the city of Sparks not more than two of whom shall at any time belong to the same political party. They shall serve for a term of three years except that of the first commission, one appointed member shall serve for a term of one year, one appointed member for a term of two years and one appointed member for a term of three years; and after the expiration of such beginning terms each member shall thereafter be appointed for a term of three years and until their respective successors shall be appointed and qualified. The term of office of said commission shall be three years from and after 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 of Nevada and file the same duly certified by the officer administering the oath 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 Sparks who shall otherwise have no connection with the city government and who shall hold no elective or appointive office. Vacancies in the said civil service commission from whatever cause shall be filled by the majority vote of the whole council by appointment of a successor for the unexpired term. The council shall provide for such employees as shall be necessary to enable the commission to properly carry out the duties prescribed herein.
κ1951 Statutes of Nevada, Page 412 (CHAPTER 278, AB 308)κ
enable the commission to properly carry out the duties prescribed herein.
Section 3. Said commission shall prepare and adopt rules and regulations to govern the selection and appointment of all employees of the city of Sparks within the provisions of this article and such rules and regulations shall be designed to serve the best interests of the public. Such rules and regulations shall provide for ascertaining, as far as possible, the physical qualifications, the habits, the reputation and standing and the experience of all applicants for positions with the city and they may provide for the competitive examination of some, or all, in such subjects as shall be deemed proper for the purpose of best determining their qualifications for the position sought. Such rules and regulations may provide for the classification of positions in the service and for a special course of inquiry and examination for candidates of each class. Such rules and regulations may further provide for disciplinary suspension, demotion and dismissal proceedings and shall further govern promotions and advancements. Such rules and regulations may further classify in accordance with the duties and salaries all offices and positions within the provisions of this article. A copy of all rules and regulations made by the commission and all changes therein shall be filed in the office of the city clerk. The commission may, by rule, provide for a probationary period during which any employee within the provisions of this article may be suspended, removed or otherwise disciplined by the head of the appropriate department or by the city manager, if there be one, without hearing or other action by the commission. The commission shall cause the rules and regulations so prepared and adopted and all changes therein to be printed and distributed as they shall deem necessary and the expense thereof shall be certified by the commission and shall be paid by the city. All selections of persons for employment or appointment or promotion in any department of the city within the provisions of this article shall be made in accordance with such rules and regulations.
Section 4. 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 the city council.
Section 5. Whenever there shall be created new positions within any department subject to the provisions of this article, or whenever vacancies shall occur within any such department, a list of not less than three qualified applicants, when that number is available, shall be submitted by the civil service commission to the head of the appropriate department. Thereafter the head or chief of such department shall appoint the applicant deemed by him to be most suitable from the list so furnished. All such appointments shall be subject to confirmation of the city council after successful completion of the probationary period.
Section 6. All employees of the city of Sparks who have been confirmed in their present positons by the city council, and all persons hereafter employed pursuant to the provisions of this article and confirmed by the city council after successfully serving the probationary period, shall hold their respective positions and employment at the pleasure of the head of the department in which they are employed subject to hearing as in this article provided.
κ1951 Statutes of Nevada, Page 413 (CHAPTER 278, AB 308)κ
hereafter employed pursuant to the provisions of this article and confirmed by the city council after successfully serving the probationary period, shall hold their respective positions and employment at the pleasure of the head of the department in which they are employed subject to hearing as in this article provided. All vacancies in existing or newly created positions subject to the provisions of this article shall be filled by the promotion of employees in the service who have proved their fitness for such position; provided, however, that the provisions of this article shall not apply to persons employed on a temporary basis and for periods not contemplated to exceed six months during any calendar year.
Section 7. No employees of the city within the provisions of this article shall be suspended for a period exceeding thirty days or demoted or discharged by his or her department head except as in this article provided.
Section 8. Whenever a written complaint against any member of the departments within the provision of this article is made to the chief or head thereof, he shall immediately communicate the same to the commission and a hearing may be ordered by said commission as herein provided if, in the opinion of the commission, such a hearing will be for the good of the service.
Section 9. The said commission after receiving said notice shall, within seven days, serve the employee with a copy of the complaint and a notice fixing the time and place of hearing, which time of hearing shall not be less than five days nor more than thirty days after service of the notice and copy of the complaint.
Section 10. Notice of the time and place of hearing, together with a copy of the charges preferred shall be served upon the accused employee in the same manner a summons is served in this state in a civil action.
Section 11. Duly certified charges may be filed with the commission setting forth sufficient cause for the removal of any employee by any person who shall be a freeholder in and a resident of the city. Upon the filing of such charges, the commission shall immediately suspend such employee and cause notice of the filing of such charges with a copy thereof to be forthwith served upon the accused employee and setting a time for the hearing thereon.
Section 12. The accused employee shall be entitled to a postponement or adjournment of the hearing for not to exceed a period of twenty days. The complainant shall not be entitled to any adjournment or postponement. In the course of any hearing or investigation contemplated by this article each member of the commission shall have the power to administer oaths, secure by its subpena both the attendance of witnesses and the production of books and papers relative to any such hearing or investigation and to compel witnesses to answer and to punish for contempt in the same manner provided by law for the governing of trials before justices of the peace for failure to answer or produce books or other evidence for the hearing. Any hearing, in the discretion of the commission, may be closed to the public and all witnesses shall be under oath.
κ1951 Statutes of Nevada, Page 414 (CHAPTER 278, AB 308)κ
public and all witnesses shall be under oath. The procedure for such hearing shall be held in the same manner as trials of civil actions before justices of the peace. The accused employee shall have full opportunity to be heard in his own defense and shall be entitled to secure the attendance of all witnesses or other evidence necessary for his defense at the expense of the city and may appear in person and by attorney. All evidence in any such hearing shall be taken by a reporter who shall be first sworn to perform the duties of reporter in taking evidence in said matter fully and fairly to the best of his or her ability and a transcript shall be typewritten and filed with the commission. The cost of such reporter shall be borne by the city.
Section 13. Within 3 days after a transcript of the proceeding 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 true and whether 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 are found to be untrue, or were made for religious, political or personal reasons, the accused employee shall be immediately reinstated to his or her former position without prejudice. If the charges are found to be true and were made in good faith for the purpose of improving the public service, the commission shall sustain the disciplinary action theretofore taken or impose such other disciplinary action as the commission shall deem just and proper. The decision and findings of the commission shall be in writing and shall be filed with a transcript of the testimony with the secretary of the commission, and a copy of the findings of said commission shall be forwarded to the city clerk.
Section 14. Except as herein otherwise provided, the commission shall have exclusive disciplinary power and authority over all employees within the provisions of this article. Said commission shall have disciplinary power and may remove, suspend or demote said employees for incompetency, intemperance, immoral conduct, dishonesty, inattention to duty, insubordination, conduct unbecoming a gentleman or gentlewoman, the making of any false statement to the commission, whether oral or in writing, failure or neglect to comply with the rules and regulations of the commission, refusal to testify before the commission when ordered by the commission so to do, failure to comply with the rules or regulations governing the department of which the accused employee is a member, or for any other competent reason; provided, however, that any employee so removed, suspended or demoted may demand a formal hearing thereon before the commission and such demand shall be in form similar to that heretofore provided and shall be filed with the secretary of the commission.
Section 15. This article shall apply to all employees of the city except the following: Duly elected officials of the city as provided by the city charter, the city manager, if there be one, the secretary of the city manager, the city engineer, the chief of the police department, the chief of the fire department, the chief deputy in the office of the city clerk, all persons employed in the office of the city attorney and the city health department, all persons in the office of the civil service commission and those temporary employees heretofore mentioned; provided, however, that any employee of the city who has been confirmed in his position by the city council and who receives and accepts employment as chief or head of any department shall, upon his removal from such office, be reinstated to his former positon within the department and, provided further, that the foregoing proviso shall be construed as prospective only.
κ1951 Statutes of Nevada, Page 415 (CHAPTER 278, AB 308)κ
city health department, all persons in the office of the civil service commission and those temporary employees heretofore mentioned; provided, however, that any employee of the city who has been confirmed in his position by the city council and who receives and accepts employment as chief or head of any department shall, upon his removal from such office, be reinstated to his former positon within the department and, provided further, that the foregoing proviso shall be construed as prospective only.
Sec. 2. There shall be added to the provisions of the city charter of the city of Sparks, Washoe County, Nevada, article XVIII, as follows:
Article XVIII
Section 1. 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 Sparks adopt the city manager form of municipal government? Yes No .
If, upon the official canvas 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 who 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 the tenure of office he shall actually reside within the city of Sparks. 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 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 city 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 by ordinance, and before entering on the performance of his duties, shall take the official oath of office and shall execute a bond in a surety company satisfactory to the council 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 delegated to him by the city council and the mayor and, in addition, shall have the power to appoint and remove all appointive officers and employees of the city, subject to the provisions of the charter relating to civil service and to the rules and regulations promulgated and enforced through the commission.
Sec. 3. This act shall become effective immediately after its passage and approval.
________
κ1951 Statutes of Nevada, Page 416κ
Assembly Bill No. 348Committee on Ways and Means
CHAPTER 279
AN ACT making an appropriation for the support of the civil government of the State of Nevada for the fiscal years ending June 30, 1952-1953.
[Approved March 22, 1951]
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 purposes hereinafter expressed and for the support of the government of the State of Nevada for the fiscal years 1952-1953:
Administrative Offices
Sec. 2. The Office and Mansion of the Governor.
For the support of the office and mansion of the governor..................... $61,788.00
Apportioned as follows:
Salaries................................................................................. $32,900.00
Travel.................................................................................... 3,500.00
Operating expense.............................................................. 8,638.00
Equipment............................................................................ 1,350.00
Mansion maintenance and miscellaneous expenses........................................................ 14,400.00
Conference fees.................................................. 1,000.00
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor................................ $3,190.00
Apportioned as follows:
Salaries................................................................................. $2,000.00
Travel.................................................................................... 1,000.00
Operating expense.............................................................. 190.00
Sec. 4. The Office of Secretary of State.
For the support of the office of secretary of state..................................... $73,625.00
Apportioned as follows:
Salaries................................................................................. $54,500.00
Travel.................................................................................... 650.00
Operating expense.............................................................. 12,275.00
Equipment............................................................................ 2,700.00
Election paper and expense............................................... 3,500.00
Sec. 5. The Office of Attorney General.
For the support of the office of attorney general...................................... $58,405.00
Apportioned as follows:
Salaries................................................................................. $42,900.00
Travel.................................................................................... 1,500.00
Operating expense.............................................................. 8,505.00
Legislative bill drafting...................................................... 5,500.00
κ1951 Statutes of Nevada, Page 417 (CHAPTER 279, AB 348)κ
Sec. 6. The Office of Attorney General.
For the express purpose of paying costs and expenses of defending or prosecuting impending or existing tax or other suits, no part of which shall be paid or expended for attorney fees.................................................................. $5,000.00
Sec. 7. The Office of State Controller.
For the support of the office of state controller......................................... $66,445.00
Apportioned as follows:
Salaries................................................................................. $47,900.00
Travel.................................................................................... 500.00
Operating expense.............................................................. 16,335.00
Equipment............................................................................ 1,710.00
Sec. 8. The Office of State Treasurer.
For the support of the office of state treasurer.......................................... $48,250.00
Apportioned as follows:
Salaries................................................................................. $36,850.00
Travel.................................................................................... 500.00
Operating expense.............................................................. 6,000.00
Equipment............................................................................ 900.00
Insurance and protection of states cash and bonds... 4,000.00
Sec. 9. The Office of Inspector of Mines.
For the support of the office of inspector of mines................................... $48,010.00
Apportioned as follows:
Salaries................................................................................. $32,250.00
Travel.................................................................................... 9,000.00
Operating expense.............................................................. 5,320.00
Equipment............................................................................ 1,440.00
Sec. 10. The Surveyor General and State Land Register.
For the support of the office of surveyor general and ex officio land register ............................................................................................... $28,370.00
Apportioned as follows:
Salaries................................................................................. $24,000.00
Travel.................................................................................... 500.00
Operating expense.............................................................. 3,870.00
Sec. 11. The Surveyor General as Ex Officio Fire Warden.
For the support of the office of surveyor general as ex officio fire warden in cooperation with the federal government and other sources........ $5,355.00
Boards, Commissions and Appointive Offices
Sec. 12. The Adjutant General and the Nevada National Guard.
For the support of the office of the adjutant general and Nevada national guard ............................................................................................... $62,928.00
κ1951 Statutes of Nevada, Page 418 (CHAPTER 279, AB 348)κ
Sec. 13. State Buildings and Grounds.
For the support of the department of buildings and grounds................. $148,285.00
Apportioned as follows:
Salaries................................................................................. $89,944.00
Operating expense.............................................................. 55,641.00
Equipment............................................................................ 2,700.00
Sec. 14. State Budget Director.
For the support of the office of the state budget director........................ $20,890.00
Apportioned as follows:
Salaries................................................................................. $17,400.00
Travel.................................................................................... 550.00
Operating expense.............................................................. 2,840.00
Equipment............................................................................ 100.00
Sec. 15. The Labor Commissioner.
For the support of the office of the labor commissioner.......................... $25,550.00
Apportioned as follows:
Salaries................................................................................. $15,750.00
Travel.................................................................................... 5,000.00
Operating expense.............................................................. 3,800.00
Equipment............................................................................ 400.00
Apprenticeship fund.......................................................... 600.00
Sec. 16. Public Service Commission.
For the support of the public service commission.................................... $50,195.00
Apportioned as follows:
Salaries................................................................................. $35,800.00
Travel.................................................................................... 4,000.00
Operating expense.............................................................. 7,720.00
Equipment............................................................................ 675.00
National association and reporter fees............................ 2,000.00
Sec. 17. Public Service Commission.
The following sum is hereby appropriated from the state highway fund for the support of the public service commission as authorized by law... $6,800.00
Apportioned as follows:
Salaries................................................................................. $6,800.00
Sec. 18. Public Service Commission.
Combined Motor Vehicle and License Division.
The following sum is hereby appropriated from the state highway fund for the support of the combined motor vehicle and license division of the public service commission............................................................................... $606,330.00
Allocated as follows:
Motor vehicle division....................................................... $112,440.00
Drivers license..................................................................... 111,400.00Highway patrol $344,060.00
κ1951 Statutes of Nevada, Page 419 (CHAPTER 279, AB 348)κ
Highway patrol.................................................................... $344,060.00
Safety and financial responsibility divisions................. 38,430.00
Sec. 19. The State Engineer.
For the support of the office of state engineer.......................................... $91,500.00
Apportioned as follows:
Salaries................................................................................. $68,400.00
Travel.................................................................................... 6,000.00
Operating expense.............................................................. 12,600.00
Equipment............................................................................ 4,500.00
Sec. 20. United States Geological Survey and Cooperative Underground Water.
Investigations-State Engineer........................................ $30,589.00
Apportioned as follows:
For cooperation with the United States geological survey ..................................................................................... $15,109.00
For state ground-water hydrology under the direction of state engineer...................................................................... 15,480.00
Sec. 21. Cooperative Snow Surveys.
For the support of cooperative snow surveys under the direction of the state engineer.................................................................................................. $3,024.00
Sec. 22. United States Cooperative Stream Measurement.
For the support of United States cooperative stream measurement program in cooperation with the state engineer................................................... $12,000.00
Sec. 23. The State Library.
For the support of the state library.............................................................. $42,770.00
Apportioned as follows:
Salaries................................................................................. $25,800.00
Travel.................................................................................... 200.00
Operating expense.............................................................. 3,270.00
Binding................................................................................. 2,000.00
Nevada Compiled Laws..................................................... 500.00
Books, magazines and general support........................... 11,000.00
Sec. 24. State Planning Board.
For the support of the state planning board.............................................. $15,000.00
Sec. 25. Superintendent of Banks.
For the support of the office of superintendent of banks........................ $42,525.00
Apportioned as follows:
Salaries................................................................................. $33,350.00
Travel.................................................................................... 5,000.00
Operating expense.............................................................. 3,725.00
Equipment............................................................................ 450.00
κ1951 Statutes of Nevada, Page 420 (CHAPTER 279, AB 348)κ
Sec. 26. Nevada Tax Commission.
For the support of the Nevada tax commission......................................... $28,741.00
Apportioned as follows:
Salaries................................................................................. $18,600.00
Travel.................................................................................... 4,500.00
Operating expense.............................................................. 5,641.00
Sec. 27. Nevada Tax Commission-
Liquor and Cigarette Division.
For the support of the liquor and cigarette tax division........................... $42,175.00
Apportioned as follows:
Salaries................................................................................. $25,000.00
Travel.................................................................................... 3,430.00
Operating expense.............................................................. 13,295.00
Equipment............................................................................ 450.00
Sec. 28. The Legislative Counsel.
For the support of the office of legislative counsel.................................. $35,935.00
Apportioned as follows:
Salaries................................................................................. $27,960.00
Travel.................................................................................... 2,450.00
Operating expense.............................................................. 4,805.00
Equipment............................................................................ 720.00
Sec. 29. Nevada State Museum.
For the support of the state museum........................................................... $26,050.00
Sec. 30. State Board of Finance.
For the support of the state board of finance............................................ $1,250.00
Sec. 31. State Veterans Service Commission.
For the support of the veterans service commission............................... $17,812.00
Apportioned as follows:
Salary (Reno office)............................................................ $8,400.00
Salary (Las Vegas office)................................................... 8,400.00
Industrial insurance and retirement................................. 1,012.00
Penal and Charitable Institutions
Sec. 32. The Orphans Home.
For the support of the state orphans home............................................... $208,285.00
Apportioned as follows:
Salaries................................................................................. $72,000.00
Travel.................................................................................... 1,000.00
General support (including medical and dental services) 115,285.00
General repairs and maintenance...................................... 10,000.00
Equipment............................................................................ 10,000.00
κ1951 Statutes of Nevada, Page 421 (CHAPTER 279, AB 348)κ
Sec. 33. Nevada State Hospital for Mental Diseases.
For the support of the state hospital for mental diseases........................ ............................................................................................. $657,650.00
Apportioned as follows:
Salaries................................................................................. $288,800.00
Travel.................................................................................... 7,500.00
Operating expense.............................................................. 21,350.00
General support (including medical and dental services) 305,000.00
Equipment............................................................................ 15,000.00
Repairs and maintenance................................................... 20,000.00
Sec. 34. The Nevada State Prison.
For the support of the state prison.............................................................. $581,580.00
Apportioned as follows:
Salaries................................................................................. $222,200.00
General support (including discharge allowances)....... 312,880.00
Equipment and repairs....................................................... 46,500.00
Sec. 35. Transportation of Prisoners.
For the support of the state prison for transporting prisoners to Carson City, which shall include all expenses therewith including rewards................................................................................................................. ............................................................................................... $12,500.00
Sec. 36. Death Watch.
For the support of the state prison for death watch over condemned prisoners.................................................................................................... $10,000.00
Sec. 37. Nevada School of Industry.
For the support of the school of industry.................................................. $77,110.00
Apportioned as follows:
Salaries................................................................................. $30,000.00
Travel.................................................................................... 3,600.00
General support................................................................... 30,010.00
Girls care............................................................................. 4,500.00
Equipment............................................................................ 9,000.00
Educational Institutions
Sec. 38. Department of Education-Administrative.
For the support of the administrative duties of the department of education................................................................................................ ............................................................................................... $61,526.00
Apportioned as follows:
Salaries................................................................................. $33,400.00
Travel.................................................................................... 2,500.00
Operating expense.............................................................. 22,026.00
Equipment............................................................................ 3,600.00
κ1951 Statutes of Nevada, Page 422 (CHAPTER 279, AB 348)κ
Sec. 39. Department of Education-Supervision.
For the support of the supervisory duties of the department of education................................................................................................ ............................................................................................... $11,726.00
Apportioned as follows:
Salaries................................................................................. $9,900.00
Travel.................................................................................... 750.00
Operating expense.............................................................. 1,076.00
Sec. 40. Department of Education-Supervision.
For the support of the supervisory duties of the department of education................................................................................................ ............................................................................................... $79,315.00
Apportioned as follows:
Salaries................................................................................. $49,500.00
Travel.................................................................................... 12,000.00
Operating expense (including other clerical).................. 17,815.00
Sec. 41. Miscellaneous Educational Expenditures.
The following sum is hereby appropriated for the support of miscellaneous educational expenditures..................................................................... $28,721.00
Apportioned as follows:
School research................................................................... $3,000.00
Travel expense of the state board of education............. 2,000.00
Travel expense of the textbook commission................... 1,500.00
School lunch program........................................................ 22,221.00
Sec. 42. Distributive School Fund.
The following sum is hereby appropriated from the general fund to be transferred to the distributive school fund as needed for regular apportionments, relief apportionments, emergency apportionments, and teachers institute expense................................................................................................... .......................................................................................... $4,108,000.00
Sec. 43. State High School Fund.
The following sum is hereby appropriated from the general fund to be transferred to the state high school fund as needed........................................... $700,000.00
Sec. 44. State Board of Vocational Education.
For the support of the state board of vocational education in connection with federal aid............................................................................................... $60,480.00
Sec. 45. Vocational Education-Rehabilitation Division.
For the support of vocational rehabilitation services in connection with federal aid............................................................................................................ $19,220.00
Sec. 46. Care of the Deaf, Dumb and Blind.
For the support of the education of the deaf, dumb and blind................ $26,600.00
κ1951 Statutes of Nevada, Page 423 (CHAPTER 279, AB 348)κ
Sec. 47. University of Nevada.
For the support of the University of Nevada............................................. $1,823,500.00
Sec. 48. Public School Teachers Retirement Fund.
For the employers share of retirement contributions............................... $321,590.00
Apportioned as follows:
Salaries................................................................................. $15,840.00
Travel.................................................................................... 400.00
Operating expense.............................................................. 2,878.00
Equipment............................................................................ 2,000.00
Public employees retirement fund contributions.......... 300,472.00
Promotion of State Resources
Sec. 49. State Quarantine Officer-Division of Plant Industry.
For the support of the office of the state quarantine officer, division of plant industry.................................................................................................. ............................................................................................... $36,538.00
Sec. 50. State Quarantine Officer-Insect Pest Control.
For the support of the insect pest control program.................................. ............................................................................................... $10,424.00
Social Security
Sec. 51. State Welfare Department.
For the support of the state welfare department........................................ $1,345,000.00
Apportioned as follows:
Old-age assistance-benefit payments............................. $1,075,000.00
Administration-state welfare department........................ 270,000.00
Sec. 52. Aid to the Blind.
Benefit payments as provided by law......................................................... $30,000.00
Miscellaneous Expenses
Sec. 53. State Board of Health-Division of Preventive Medical Services.
For the support of preventive medical services......................................... $86,930.00
Sec. 54. State Board of Health-Division of Vital Statistics.
For the support of the division of vital statistics...................................... $24,064.00
Sec. 55. State Board of Health-Division of Public Health Engineering.
For the support of the division of public health engineering.................. $36,088.00
Sec. 56. State Board of Health-Division of Laboratories.
For the support of the state hygienic laboratory....................................... $52,520.00
κ1951 Statutes of Nevada, Page 424 (CHAPTER 279, AB 348)κ
Sec. 57. Nevada Historical Society.
For the support of the Nevada historical society...................................... $15,590.00
Sec. 58. State Supreme Court.
For the support of the state supreme court................................................ $109,005.00
Apportioned as follows:
Salaries................................................................................. $89,100.00
Travel.................................................................................... 1,200.00
Operating expense.............................................................. 8,905.00
Equipment............................................................................ 1,800.00
Printing of Nevada reports................................................ 8,000.00
Sec. 59. District Judges-Traveling Expense.
For traveling expenses of the district judges to be apportioned by the state board of examiners................................................................................ ............................................................................................... $14,500.00
Sec. 60. Miscellaneous State Expenses.
For the support of miscellaneous expenses not otherwise classified.... ............................................................................................... $68,400.00
Apportioned as follows:
State officers bond premium............................................ $6,500.00
Rewards of the governor................................................... 1,500.00
Promotion of uniform laws................................................ 350.00
State official printing.......................................................... 7,200.00
Care of G. A. R. cemeteries................................................ 600.00
Interest on possible judgments........................................ 4,000.00
Fire insurance premiums.................................................... 42,500.00
Junior livestock show........................................................ 3,000.00
Soil conservation districts................................................. 750.00
State board of examiners.................................................... 2,000.00
Sec. 61. 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 percentum) 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. 62. 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.
________
κ1951 Statutes of Nevada, Page 425κ
Assembly Bill No. 331Committee on Ways and Means
CHAPTER 280
AN ACT providing for renovations, repairs, improvements, remodeling, reconstruction, replacements, installations of equipment, and new construction at various state institutions and buildings, making appropriations from the postwar reserve fund, and other matters relating thereto.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of making renovations, repairs, and improvements of the heating plant, Lincoln Hall, and other buildings and installations at the University of Nevada, there is hereby appropriated from the postwar reserve fund the sum of four hundred thousand dollars ($400,000), to be allocated as follows:
Renovation and repair of heating plant.......................................... $150,000
Remodeling Lincoln Hall....................................................... .............................................................................. 80,000
General renovations, repairs, and improvements.............. ............................................................................... 170,000
The board of regents and the president of the University of Nevada are hereby charged with the duty of carrying out the provisions of this section.
Sec. 2. For the purpose of reconstructing and replacing that portion of the state-owned water pipe line between the Nevada state orphans home and the Nevada state prison, such reconstruction and replacement to be made with four-inch cast iron pipe, and for the purpose of installing a pressure pump and tank for automatic operation of the new well now located on the grounds of the Nevada state orphans home and connecting said well to the state-owned water pipe line nearby, there is hereby appropriated from the postwar reserve fund the sum of fifteen thousand dollars ($15,000). The superintendent of the department of buildings and grounds is hereby charged with the duty of carrying out the provisions of this section.
Sec. 3. For the purpose of purchasing farm machinery and equipment at the Nevada state prison, there is hereby appropriated from the postwar reserve fund the sum of twelve thousand seven hundred and fifty dollars ($12,750). The warden of the Nevada state prison is hereby charged with the duty of carrying out the provisions of this section.
Sec. 4. For the purpose of making renovations, repairs, and improvements of the state capitol building, for the purpose of installing a fire alarm system therein, and for the purpose of purchasing furniture for the governors mansion, there is hereby appropriated from the postwar reserve fund the sum of seventy-eight thousand dollars ($78,000), to be allocated as follows:
Renovation and repair of capitol building...................................... $60,000
Fire alarm system in capitol building............................................... 10,000
Furniture for governors mansion................................................... 8,000
κ1951 Statutes of Nevada, Page 426 (CHAPTER 280, AB 331)κ
The superintendent of the department of buildings and grounds is hereby charged with the duty of carrying out the provisions of this section.
Sec. 5. For the purpose of constructing an addition to the state printing office building, and for the purpose of making renovations, repairs, and improvements of the said building, there is hereby appropriated from the postwar reserve fund the sum of twenty thousand dollars ($20,000). The superintendent of the department of buildings and grounds is hereby charged with the duty of carrying out the provisions of this section.
Sec. 6. For the purpose of making renovations, repairs, and improvements of buildings and installations at the Nevada school of industry, and for the purpose of drilling and equipping a well on the grounds of said institution, there is hereby appropriated from the postwar reserve fund the sum of twenty-three thousand five hundred dollars ($23,500). The superintendent of the Nevada school of industry is hereby charged with the duty of carrying out the provisions of this section.
Sec. 7. For the purpose of making renovations, repairs, and improvements of buildings and installations, and installing a fire escape at the Nevada state orphans home, and for the purpose of constructing, equipping, and furnishing a central unit for the kitchen, dining room, and food storage facilities, and a cottage type infirmary and convalescent building at the said institution, there is hereby appropriated from the postwar reserve fund the sum of eighty thousand dollars ($80,000). The superintendent of the Nevada state orphans home is hereby charged with the duty of carrying out the provisions of this section.
Sec. 8. For the purpose of making renovations, repairs, and improvements of buildings and installations at the Nevada state hospital, and for the purpose of constructing, equipping, and furnishing a new building unit consisting of a kitchen, bakery, commissary, and dining room, a new addition to the male ward building, a new laundry building, complete with boiler, heat reclaimer, water softener, and hot water facilities, and two cottages at the said institution, there is hereby appropriated from the postwar reserve fund the sum of one hundred eighty thousand dollars ($180,000), to be allocated as follows:
General renovations, repairs, and improvements.............. ............................................................................... $20,000
Kitchen, bakery, commissary, and dining room building unit... ......................................................................................... 106,000
Laundry building.............................................................................. ........................................................................................... 40,000
One forced draft steam generating boiler, three pass unit on single base, complete with all automatic controls for high and low pressure, one heat reclaimer, one water softener, and hot water equipment, and using the present oil tank installation.................................................................................. ........................................................................................... 14,000
κ1951 Statutes of Nevada, Page 427 (CHAPTER 280, AB 331)κ
The superintendent of the Nevada state hospital is hereby charged with the duty of carrying out the provisions of this section; provided, however, that he shall report to the hospital advisory board and shall request the advice and counsel on matters relative thereto.
The superintendent is hereby authorized and directed to apply for and expend federal funds furnished as grants-in-aid for hospital construction, in accordance with the provisions of chapter 219, Statutes of Nevada 1949.
The superintendent is hereby authorized and directed to repay the bureau of community facilities, a division of the federal works agency, such funds as may have been advanced for the payment of architects fees in preparing plans and specifications, said repayments to be made upon the initiation of construction from the proper funds herein appropriated.
Sec. 9. The various state officers or boards charged with the duty of making renovations, repairs, improvements, remodeling, reconstruction, replacements, and installations of equipment, shall do so with their own staffs, tools, and facilities to such extent as shall be practicable. When necessary and practicable, they may employ competent architects or engineers to prepare plans and specifications. Architects so selected shall employ competent structural and mechanical engineers in preparing such plans and specifications. If necessary and practicable, they may advertise in a newspaper of general circulation in the State of Nevada for sealed bids for the performance of such work. In such case, approved plans and specifications shall be on file at the place and time stated in said advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. Said state officers or boards may accept bids on either the whole or on a part or parts of said work herein designated, and may let a contract for the whole thereof or separate portions thereof at their discretion to the lowest qualified bidder therefor; provided, that any or all bids for any good reason may be rejected.
Sec. 10. The various state officers or boards charged with the duty of constructing new additions or new buildings shall employ competent architects, who in turn shall employ competent structural and mechanical engineers in preparing plans and specifications; provided, however, that plans and specifications now in existence shall be made available for the use of said state officers or boards. The aforesaid state officers or boards shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for structural, mechanical, and electrical construction. Approved plans and specifications shall be on file at a place and time stated in said advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. Said state officers or boards may accept bids on either the whole or on a part or parts of said construction, and may let a contract for the whole thereof or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical, and electrical construction if savings will result thereby, at their discretion, to the lowest qualified bidder thereon; provided, that any or all bids for any good reason may be rejected.
κ1951 Statutes of Nevada, Page 428 (CHAPTER 280, AB 331)κ
All sealed bids shall be accompanied by a bidders bond of five percent (5%) of the amount of the bid; the bid shall further show the Nevada state contractors license number of the bidder. If such license number is not so enclosed with the bid, said bid shall be rejected. A completion bond for the full amount of the contract shall be furnished by the successful bidder. The time limit covered by such completion bond shall be set by the architect, and based upon standard practice for such work, with the proper penalty therein provided. No exception or extension of time shall be permitted that may be caused by the unavailability of materials. There shall be no substitution of types and qualities of materials normally used in such construction because of the unavailability of materials.
Sec. 11. When necessary and practicable, the various state officers or boards charged with the duty of carrying out the provisions of this act may employ architects, supervisors, inspectors, engineers, and such other technical and operational staff as the execution of their duties may require, and they shall be paid from the proper funds herein appropriated.
Sec. 12. The funds herein appropriated shall be paid out on claims as other claims against the state are paid. Claims upon a fund herein appropriated shall be approved by the state officer charged with the duty of carrying out the provisions of the section creating the fund, or his duly authorized representative, or his superior officer. Transfers between budgeted items in the funds herein appropriated may be made as provided by law.
Sec. 13. The funds herein appropriated shall be available for expenditure immediately upon passage and approval of this act, and any unused portions of said funds shall revert to the postwar reserve fund on the first Monday in January, 1953.
Sec. 14. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 15. This act shall become effective immediately upon passage and approval.
________
Assembly Bill No. 349Committee on Ways and Means
CHAPTER 281
AN ACT to provide additional support for needy school districts, making an appropriation and other matters relating thereto.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of providing additional support for needy school districts, there is hereby created the state school contingent fund. The state board of finance, by unanimous vote of its members, and with the approval of the state board of examiners, is hereby empowered, upon application by school districts lacking sufficient funds immediately available for proper maintenance and operation, to pay out as grants-in-aid the funds in the state school contingent fund on claims as other claims against the state are paid.
κ1951 Statutes of Nevada, Page 429 (CHAPTER 281, AB 349)κ
hereby empowered, upon application by school districts lacking sufficient funds immediately available for proper maintenance and operation, to pay out as grants-in-aid the funds in the state school contingent fund on claims as other claims against the state are paid.
Sec. 2. To carry out the provisions of this act there is hereby appropriated from the general fund for the biennium ending June 30, 1953, the sum of one hundred and fifty thousand dollars ($150,000).
Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
________
Assembly Bill No. 173Committee on Ways and Means
CHAPTER 282
AN ACT to amend an act entitled An act to regulate the business of title insurance in the State of Nevada and matters relating thereto, approved March 11, 1925.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 3636-3647, inclusive, N. C. L. 1929, is hereby amended to add another section, being section 13, to read as follows:
Section 13. Every title insurance company under the provisions of this act, doing business in this state, shall annually file with the insurance commissioner of the State of Nevada its schedules of prices for title risk insurance, and shall annually pay to the insurance commissioner of the State of Nevada, a tax of two percent (2%) upon the total title risk insurance premium income of all classes of business covering property or risks located in this state during the next preceding calendar year. Said tax to be paid before the insurance commissioner shall issue said companys renewal license. Said tax to be paid on or before the first day of March of each year; provided, that the annual licenses paid by such title companies shall be deducted from such tax on premiums if such tax exceeds in amount the licenses so paid. Such title insurance risk rates shall not include service charges for abstracting, record searching, certificates as to the record title to real estate that are not in form or substance an insurance of the title, escrow, closing and other services that may be offered by such company or to such companys costs and expenses of procuring examination of titles by attorneys approved or selected by it for such purpose.
Sec. 2. The above-entitled act, being sections 3636-3647, inclusive, N. C. L. 1929, is hereby amended to add thereto section 14, to read as follows:
Section 14. All title insurance companies, corporations, or associations operating under the provisions of this act shall be under the regulation and supervision of the insurance commissioner of the State of Nevada, with authority granted to said insurance commissioner to impose regulations on said companies in accordance with the provisions made under the general insurance laws of the State of Nevada, being contained in chapter 189, Statutes of Nevada 1941, as supplemented and amended.
κ1951 Statutes of Nevada, Page 430 (CHAPTER 282, AB 173)κ
impose regulations on said companies in accordance with the provisions made under the general insurance laws of the State of Nevada, being contained in chapter 189, Statutes of Nevada 1941, as supplemented and amended.
________
Senate Bill No. 38Committee on Agriculture
CHAPTER 283
AN ACT supplemental to an act entitled An act to provide for the inspection for and the destruction of noxious weeds, providing the manner of designation what constitutes a noxious weed, providing for the administration of this act, defining the duties of the state quarantine officer in relation thereto, defining the duties of county commissioners in relation to this act, making an appropriation for carrying out the provisions of this act, providing penalties for the violation thereof, and other matters properly related thereto, approved March 29, 1929, and providing for the study of halogeton glomeratus, a poisonous weed, by the state department of agriculture; authorizing cooperation with any agency of the federal government, state, county, municipality, or any corporation, association or individual; defining the duties of the state department of agriculture in connection therewith; making an appropriation therefor, and other matters properly relating thereto.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state department of agriculture is hereby authorized to conduct a study or studies, on the poisonous plant halogeton glomeratus, covering its distribution and prevalence, poisonous properties for livestock and means of combatting them, and methods of control under various conditions. To more effectively or economically conduct such study or studies, the state department of agriculture may cooperate, financially or otherwise, with any agency of the state or federal government, any county or municipality, or any corporations, association, organization or individual.
Sec. 2. Any funds made available for carrying out the provisions of this act may be expended for the compensation of personnel, the payment of their necessary travel expenses and subsistence, as provided by law, the purchase or rental of equipment, the purchase of supplies, or the rental of test plots or other necessary facilities, and the publication of the results of any study or studies conducted under the provision of the act.
Sec. 3. The provisions of that certain act entitled An act to provide for the inspection for and the destruction of noxious weeds, providing the manner of designation what constitutes a noxious weed, providing for the administration of this act, defining the duties of the state quarantine officer in relation thereto, defining the duties of county commissioners in relation to this act, making an appropriation for carrying out the provisions of this act, providing penalties for the violation thereof, and other matters properly related thereto, approved March 29, 1929, as amended, of which this act is supplemental, shall apply hereto; provided, that nothing in this act shall be construed as in any way amending the act referred to above in this section.
κ1951 Statutes of Nevada, Page 431 (CHAPTER 283, SB 38)κ
March 29, 1929, as amended, of which this act is supplemental, shall apply hereto; provided, that nothing in this act shall be construed as in any way amending the act referred to above in this section.
Sec. 4. There is hereby appropriated from the general fund, the sum of twenty thousand ($20,000) dollars, or so much thereof as may be necessary, to be available from and after the passage and approval of this act until June 30, 1953. All claims against this appropriation shall be approved by the state department of agriculture and forwarded to the state board of examiners for its approval and payment as provided by law.
Sec. 5. This act shall become effective immediately after its passage and approval.
________
Senate Bill No. 39Senator Brown
CHAPTER 284
AN ACT to amend an act entitled An act relating to marriage and divorce, approved November 28, 1861, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being section 4052, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 4. It shall be lawful for any ordained or licensed minister of any religious society or congregation within this state, who has or hereafter may obtain a license for that purpose, as hereinafter provided, or for any justice of the supreme court, or for any judge of the district court, or justice of the peace in his township, to join together as husband and wife all persons not prohibited by this act; provided, that the persons herein authorized to perform said marriage ceremony shall first receive the license previously issued as hereinafter provided, to the persons wishing to be married. Any ordained or licensed minister of the gospel in charge of or in the employ of a religious society or congregation upon producing to the district court of any county or district within this state in which said society or congregation is located, credentials of his being a regularly ordained or licensed minister of said religious society or congregation, shall be entitled to receive from said court a license authorizing him to solemnize marriages within said county so long as he shall continue a regular minister in charge of such society or congregation. It shall be the duty of any minister licensed to solemnize marriages as aforesaid to produce to the county clerk in the county in which he shall solemnize any marriage, his license so obtained, and the said clerk shall thereupon enter the name of such minister upon record as a minister of the gospel duly authorized to solemnize marriages within said county, and shall note the court from which such license issued, for which service no charge shall be made by such clerk.
κ1951 Statutes of Nevada, Page 432 (CHAPTER 284, SB 39)κ
clerk. The record so made, or the certificate thereof by the said clerk under the seal of his office, shall be good evidence that said minister was duly authorized to solemnize marriages. All outstanding certificates as do not now conform to this act are hereby declared null and void.
Nothing in this section shall be construed to prohibit a justice of the peace of one township, while acting in the place and stead of the justice of the peace of any other township, from performing marriage ceremonies within said other township, nor shall anything in this section be construed to prohibit a justice of the peace of one township performing marriages in another township of the same county where there is no duly qualified and acting justice of the peace.
Sec. 2. All acts or parts of acts which are inconsistent with the provisions of this act are hereby repealed.
Sec. 3. This act shall be effective from and after its passage and approval.
________
Senate Bill No. 197Committee on Finance
CHAPTER 285
AN ACT fixing the salaries of certain state officers; providing ex officio duties of certain state officers and compensation for the performance of the same, and making an appropriation therefor.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. From and after July 1, 1951, the superintendent of state printing and the inspector of mines shall each receive an added salary at the rate of twelve hundred ($1,200) dollars per annum payable at the times and in the manner provided by law.
Sec. 2. The state controller of Nevada as ex officio state fiscal officer shall receive a salary at the rate of twelve hundred ($1,200) dollars per annum payable at the times and in the manner provided by law. In addition to the duties now prescribed for said ex officio office, and as a part thereof, he shall serve as a member of the state insurance rating board and shall serve as a state fiscal officer for the federal government and compute, withhold, and account for all state pay-roll deductions and keep all records in connection with administration of and compliance with the federal revenue and income tax laws.
Sec. 3. The clerk of the supreme court as ex officio reporter of decisions shall receive a salary at the the rate of twelve hundred ($1,200) dollars per annum payable at the times and in the manner provided by law.
Sec. 4. The secretary of state of Nevada as ex officio secretary of the state bond trust administration shall receive a salary at the rate of twelve hundred ($1,200) dollars per annum payable at the times and in the manner provided by law.
κ1951 Statutes of Nevada, Page 433 (CHAPTER 285, SB 197)κ
Sec. 5. The state treasurer of Nevada shall be ex officio state disbursing officer for the federal government. It shall be his duty, as such, to act for such government with respect to all financial matters required of him by the federal government, and to keep proper books and accounts and prepare proper vouchers and receipts relating thereto. He shall keep books of account and sign and pay all warrants relating to all state pay-roll deductions at the time and in the manner required according to federal law and regulations. He shall perform such other duties in connection with the aforesaid duties as may be required in the proper exercise thereof. As such state disbursing officer for the federal government he shall receive a salary at the rate of twelve hundred ($1,200) dollars per annum, payable at the times and in the manner provided by law.
Sec. 6. The superintendent of public instruction as ex officio secretary of the state textbook commission shall receive a salary at the rate of twelve hundred ($1,200) dollars per annum, payable at the times and in the manner provided by law. In addition to the duties now prescribed for said ex officio office and as a part thereof, such officer shall serve as a member and secretary of the public school teachers retirement salary fund board, and as executive officer of the state board for vocational education.
Sec. 7. The surveyor general of Nevada as ex officio land register shall receive a salary at the rate of twelve hundred ($1,200) dollars per annum payable at the times and in the manner provided by law. In addition to the duties now prescribed for said ex officio office he shall represent the State of Nevada in the protection of the forest and watershed areas in Nevada, and shall cooperate with the agents and departments of the federal governments as well as with agencies in this state to carry out such protection.
Sec. 8. The governor of the State of Nevada as ex officio member of the highway board shall receive a salary at the rate of $125 per month, payable at the times and in the manner provided by law. The attorney general of the State of Nevada as ex officio member of the highway board shall receive a salary at the rate of $600 per annum, payable at the times and in the manner provided by law.
Sec. 9. The salaries provided in this act shall be paid out of the general fund.
________
κ1951 Statutes of Nevada, Page 434κ
Senate Bill No. 150Committee on Federal Affairs
CHAPTER 286
AN ACT to authorize housing authorities to undertake the development or administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities and to make such projects available to servicemen and returning veterans consistent with the national defense; to limit the initiation of the development of such projects to national defense periods; to authorize housing authorities to cooperate with or act as agents of the federal government in the development or administration of such projects of the federal government; to acquire or lease such projects; to authorize public bodies to assist such projects of housing authorities and of the federal government; to make obligations issued for such projects of housing authorities legal investments; to provide for the functioning of housing authorities for the purposes of this act; and to declare valid all bonds, notes and obligations of housing authorities issued for projects heretofore undertaken to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. It is hereby found and declared that the national defense involves large increases in the military forces and personnel in this state, a great increase in the number of workers in already established industries and activities and the bringing of a large number of workers and their families to new defense industries and activities in the state; that there exists or impends an acute shortage of safe and sanitary dwellings available to such persons and their families in this state which impedes national defense; that it is imperative that action be taken immediately to assure the availability of safe and sanitary dwellings for such persons, to enable the rapid expansion of national defense activities in this state and to avoid a large labor turnover in defense industries which would seriously hamper their production; that the provisions hereinafter enacted are necessary to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities; and that such provisions are for the public use and purpose of facilitating national defense in this state. It is further declared to be the purpose of this act to authorize housing authorities to do any and all things necessary or desirable to secure the financial aid of the federal government, or to cooperate with or act as agents or lessees of the federal government, in the expeditious development or administration of projects to assure the availability when needed of safe and sanitary dwellings for persons engaged in national defense activities, and to make such projects available to servicemen and returning veterans consistent with national defense.
Sec. 2. Any housing authority may undertake the development or administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities; provided, that a housing authority shall not initiate the development of any such project pursuant to this act except during a national defense period as hereinafter defined; and provide further, that a housing authority shall not administer pursuant to this act any project the construction and equipment of which was completed prior to the 16th day of December 1950, and admission to which as of such date was limited to persons or families of low income.
κ1951 Statutes of Nevada, Page 435 (CHAPTER 286, SB 150)κ
defense period as hereinafter defined; and provide further, that a housing authority shall not administer pursuant to this act any project the construction and equipment of which was completed prior to the 16th day of December 1950, and admission to which as of such date was limited to persons or families of low income. In the ownership. development or administration of such projects, a housing authority shall have the rights, powers, privileges, and immunities that such authority has under any provisions of law relating to the ownership, development, or administration of slum clearance and housing projects for persons of low income, in the same manner as though all the provisions of law applicable to slum clearance and housing projects for persons of low income were applicable to projects developed or administered to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities as provided in this act, and housing projects developed or administered hereunder shall constitute housing projects under the housing authorities act, being chapter 253, Statutes of 1947, as amended, as that term is used therein; provided, that during the national defense period any project developed or administered by such housing authority (or by any housing authority cooperating with it) in such area pursuant to this act shall not be subject to the provisions of the aforesaid housing authorities act or of any other law except (provisions hereafter enacted expressly referring to this section) relating to rentals of, preferences or eligibility for admission to, occupancy of, eviction from, payments in lieu of taxes with respect to, or equivalent elimination of substandard dwellings in connection with the provisions of, such dwellings. During the national-defense period, a housing authority may make payments, in such amounts as it finds necessary or desirable, in lieu of taxes and for any services, facilities, works, privileges or improvements furnished for or in connection with any such projects. During periods other than national-defense periods, any such projects owned by a housing authority shall be administered in accordance with the provisions of the housing authorities act or other applicable federal or state laws and in accordance with any contracts with the federal government or with state public bodies relating to such projects, and any such projects owned by the federal government may be administered in accordance with federal law.
Sec. 3. Any state public body, as defined in the housing authorities act, being chapter 253, Statutes of 1947, as amended, shall have the same rights and powers to cooperate with housing authorities, or with the federal government, with respect to the development or administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national-defense activities or to provide housing for servicemen and returning veterans and their families that such state public body has pursuant to such act for the purpose of assisting the development or administration of slum clearance or housing projects for persons of low income.
Sec. 4. Bonds or other obligations issued by a housing authority for a project developed or administered pursuant to this act shall be legal investments to the same extent and for the same persons, institutions, associations, corporations, bodies and officers as bonds or other obligations issued pursuant to the housing authorities act for the development of a slum clearance or housing project for persons of low income.
κ1951 Statutes of Nevada, Page 436 (CHAPTER 286, SB 150)κ
legal investments to the same extent and for the same persons, institutions, associations, corporations, bodies and officers as bonds or other obligations issued pursuant to the housing authorities act for the development of a slum clearance or housing project for persons of low income.
Sec. 5. All bonds, notes, contracts, agreements and obligations of housing authorities heretofore issued or entered into relating to financing or undertaking (including cooperating with or acting as agent of the federal government in) the development or administration of any project to assure the availability of safe and sanitary dwellings for persons engaged in national-defense activities, are hereby validated and declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority.
Sec. 6. This act shall constitute an independent authorization for a housing authority to undertake the development or administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national-defense activities as provided in this act and to administer such projects, consistent with national-defense needs, to house servicemen and returning veterans and their families. In exercising any powers or carrying out any authorization contained in this act, a housing authority shall not be subject to any limitations, restrictions or requirements of other laws (except those relating to land acquisition) prescribing the procedure or action to be taken in the development or administration of any public works, including slum clearance and housing projects for persons of low income or undertakings or projects of municipal or public corporations or political subdivisions or agencies of the state, and may in its discretion, comply with any conditions not inconsistent with the purposes of this act required by the federal government pursuant to federal law in any contract relating to projects developed or administered under this act. A housing authority may exercise any or all of its powers and may do any and all other things necessary or desirable to cooperate with or secure the financial aid of the federal government in the expeditious development or in the administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national-defense activities and to house servicemen and returning veterans and their families, to act as agent or lessee for the federal government in the development or administration of such projects by the federal government, and to effectuate the purposes of this act. A housing authority may function upon a finding or determination by the governing body (which finding or determination shall be in lieu of any finding or determination required by the housing authorities act and shall be conclusive in any suit, action or proceeding) that there exists or impends in the locality an acute shortage of safe and sanitary dwellings available to persons engaged in national-defense activities.
Sec. 7. The following terms, wherever used or referred to in this act, shall have the following respective meanings, unless a different meaning clearly appears from the context:
(a) Persons engaged in national-defense activities shall include:
κ1951 Statutes of Nevada, Page 437 (CHAPTER 286, SB 150)κ
Persons in the military service of the United States; employees of the department of defense and distressed civilians whose homes have been destroyed or rendered uninhabitable through war or defense activities or who have been evacuated from their homes by order of military or civilian defense authorities; and workers engaged or to be engaged in activities connected with and essential to national defense; and shall include the families of the aforesaid persons who are living with them.
(b) National-defense period shall mean the period, as determined by a housing authority (which determination shall be conclusive in any suit, action or proceeding), during which there exists or impends in the locality an acute shortage or safe and sanitary dwellings for persons engaged in national-defense activities.
(c) Development shall mean any and all undertakings necessary for the planning, land acquisition, demolition, financing, construction or equipment in connection with a project (including the negotiation or award of contracts therefor), and shall include the acquisition of any project (in whole or in part) from the federal government.
(d) Administration shall mean any and all undertakings necessary for management, operation or maintenance, in connection with any project, and shall include the leasing of any project (in whole or in part) from the federal government.
(e) Federal government shall mean the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.
(f) The development of a project shall be deemed to be initiated if a housing authority has issued any bonds, notes or other obligations with respect to financing the development of such project of the housing authority, or has contracted with the federal government with respect to the exercise of powers hereunder in the development of such project of the federal government.
(g) Housing authority shall mean any housing authority created or established or hereafter created or established under the provisions of the housing authorities act, or under the provisions of section 6 hereof.
Sec. 8. The powers conferred by this act shall be in addition and supplemental to the powers conferred by any other law, and nothing contained herein shall be construed as limiting any other powers of a housing authority.
Sec. 9. 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 persons or circumstances, is held invalid, the remainder of the act shall not be affected thereby.
________
κ1951 Statutes of Nevada, Page 438κ
Senate Bill No. 198Senator Munk
CHAPTER 287
AN ACT to amend an act entitled An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water; cooperation with the United States; and matters properly connected therewith, approved March 19, 1919, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 49 of the above-entitled act, being section 8065, N. C. L. 1929, is hereby amended to read as follows:
Section 49. Any one of the several divisions of a district may provide for the construction of local drains, laterals, electric-power and -transmission lines, or for the leasing and acquisition of electric-power and -transmission lines, or for a domestic water supply, or may contract for the delivery of electricity, or other improvements, or the replacement or extension of existing works or structures, the benefits of which are limited to such division, in the following manner: Upon presentation to the board of directors of the district of a petition, signed by a majority of the electors of such division representing at least one-half of the total acreage thereof, describing in a general way the local matters proposed to be undertaken, and the estimated cost of preliminary surveys and engineering data, and naming two electors of such division for local directors thereof, the board of directors of the district shall consider such petition at a regular meeting, and, if it finds that the law has been complied with, shall approve the same and appoint the electors named in the petition as members of the local board. The directors of the district shall fill any vacancy in the office of the local director of a division by the appointment of a qualified elector from the division in which the vacancy occurs. One shall hold office until his successor is elected at the next biennial district election and qualifies, and the other until his successor is elected at the second biennial district election after his appointment and qualifies. The terms of such local directors shall be determined by lot, and their successors shall be elected for four-year terms at the biennial elections. The said two local directors, with the director of the district from the division, shall constitute the local board of such division, and such board may provide for the local undertakings above named; being hereby authorized for that purpose, in so far as applicable, to exercise the powers and perform the duties granted to or imposed upon the board of directors of the district in connection with its affairs. The board of directors of the district may incur an indebtedness not exceeding in the aggregate sum of fifteen hundred ($1,500) dollars, and not exceeding the estimated cost of preliminary surveys and engineering data, and may cause warrants of the district to issue therefor, bearing interest at six per cent per annum, and the directors of the district shall have the right and power to levy an assessment on all the lands in such division benefited by such proposed improvements, in addition to any district assessment on the lands within such division, for the payment for such expenses and the redemption of such warrants.
κ1951 Statutes of Nevada, Page 439 (CHAPTER 287, SB 198)κ
exceeding the estimated cost of preliminary surveys and engineering data, and may cause warrants of the district to issue therefor, bearing interest at six per cent per annum, and the directors of the district shall have the right and power to levy an assessment on all the lands in such division benefited by such proposed improvements, in addition to any district assessment on the lands within such division, for the payment for such expenses and the redemption of such warrants. Such local board shall thereupon prepare plans and estimates of the local undertakings proposed to be accomplished by such division, stating therein whether the funds therefor are to be raised by a single special assessment not in excess of a stated amount per acre upon the lands benefitted, or the said board is to be authorized to secure the necessary amounts by way of certificates of indebtedness or notes redeemable by annual assessments upon the lands benefited extending over a period of years; and if the latter method is to be used, a general statement of the purposes for which the money is to be raised may be substituted for more explicit plans and estimates. Benefits shall be apportioned upon the land within such division and assessments levied and collected for the payment of the interest and redemption of said certificates of indebtedness or notes in the manner prescribed in the case of district bonds. Such certificates of indebtedness or notes shall be signed by the officers of the district and, excepting in the matter of assessments for interest and redemption being limited to the division, shall be treated in the same manner as district bonds. Such plans and estimates or statement shall be filed with the secretary of the district, accompanied by a request of the local board that an election be called in the division to authorize the proposed special assessment or assessments, and the construction of the proposed works; thereupon the secretary of the board shall give notice of the purpose, time, and place of such election naming the polling place and inspectors and clerks of election suggested by the local board; such notice to be published and election to be held, as near as may be, as provided in this act for an election for special assessments in the district. If such election fail of the required two-thirds vote of the electors of the division, the term of office of the local directors shall thereupon terminate and the said local board shall be dissolved. If the special assessment or certificates or notes of indebtedness and construction of the proposed works be authorized at such election, the local board shall levy such assessments, or as the case may be, shall proceed to the levying of annual assessments for the payment of interest and the redemption of certificates of indebtedness or notes, and a list of such assessments or the first annual assessment, if to be made that year, shall be delivered to the treasurer of the district and by him entered in the assessment book or books thereof, and such assessment or assessments, and the collection thereof, shall thereafter take the course of assessments of the district as in this act provided. All the above-described proceedings relating to the local undertakings of a division, including the apportionment of benefits for undertakings authorized by special election, may be confirmed in court as a part of the confirmation proceedings, or upon petition of the board of directors of the division.
κ1951 Statutes of Nevada, Page 440 (CHAPTER 287, SB 198)κ
to the local undertakings of a division, including the apportionment of benefits for undertakings authorized by special election, may be confirmed in court as a part of the confirmation proceedings, or upon petition of the board of directors of the division. Each member of the local board of a division shall receive five dollars per day for each day in attending meetings of the board, or while engaged in official business under the order of the board. When the local undertakings above provided for are accomplished and paid for, a showing to that effect shall be made to the board of directors of the district, and upon the approval thereof by such board the terms of office of the local directors shall terminate, and any moneys of such division in the district treasury shall be appropriately credited to the lands of the division in connection with future assessments against such lands. In the event that such local improvements affect two or more divisions of a district, less than all, then all of the provisions of this section shall be applicable to the divisions affected; provided, that the local board, in case such improvements only affect two divisions, shall consist of the directors of the district from the divisions affected and one other to be appointed by the directors of the district from the divisions affected by such improvements; and, provided, that in the event such local improvements affect three or more divisions, then the powers herein provided to be exercised by a local board shall be exercised by the directors of the district.
________
Senate Bill No. 195Senators Strosnider and Lattin
CHAPTER 288
AN ACT to amend an act entitled An act to create counties, and establish the boundaries thereof, approved November 25, 1861, as amended Statutes 1869.
[Approved March 22, 1951]
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 1873, N. C. L. 1929, is hereby amended to read as follows:
Section 9. There shall be a county, to be known as Churchill County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at the southeast corner of Lyon County, and running thence east along the northern line of Esmerelda County to the northeast corner of said Esmeralda County; thence northeast to the southwest corner of Lander County; thence north along the western line of said Lander County to the fortieth degree of north latitude; thence west along said fortieth degree north latitude to where it strikes the summit of a range of mountains marking the eastern boundary line of Roop County; thence southerly along said range to the northeast corner of Washoe County; thence southerly along the eastern boundary of Washoe County to a point one hundred feet north of the center line of the abandoned Central Pacific Railroad; thence northeasterly along the north side of said abandoned Central Pacific Railroad and parallel thereto, at a distance from the center line thereof of one hundred feet, to a point one hundred feet northwesterly of the center line of state highway route 1 (US 40), said point bearing N.
κ1951 Statutes of Nevada, Page 441 (CHAPTER 288, SB 195)κ
said range to the northeast corner of Washoe County; thence southerly along the eastern boundary of Washoe County to a point one hundred feet north of the center line of the abandoned Central Pacific Railroad; thence northeasterly along the north side of said abandoned Central Pacific Railroad and parallel thereto, at a distance from the center line thereof of one hundred feet, to a point one hundred feet northwesterly of the center line of state highway route 1 (US 40), said point bearing N. 1° 57ʹ 03ʺ W. a distance of 1,396.21 feet from the south quarter-section corner of section 5, T. 20 N., R. 25 E., M. D. B. & M.; thence N. 46° 09ʹ 30ʺ E. along a line one hundred feet northwesterly of and parallel to the center line of said state highway route 1 (US 40) a distance of 5,513.00 feet, more or less, to a point one hundred feet northwesterly of the center line of the aforesaid abandoned Central Pacific Railroad, said point bearing S. 75° 38ʹ 21ʺ W. a distance of 1,429.07 feet from the south quarter section corner of section 33, T. 21 N., R. 25 E., M. D. B. & M.; thence northeasterly along the north side of said abandoned Central Pacific Railroad, parallel thereto and at a distance from the center line thereof of one hundred feet, to a point sixteen miles from the east side of the bridge across the Truckee River, belonging to the Central Pacific Railroad Company, at the town of Wadsworth; thence southerly to a point on the Carson River three miles below Honey Lake, Smiths old station; thence southerly to the point of beginning.
Sec. 2. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 173Senator Lattin
CHAPTER 289
AN ACT to amend an act entitled An act regulating the manner and method of weighing and testing milk and cream and dairy products; providing standard methods for the determining of butterfat and other content thereof; providing for the appointment of licensed testers; providing ways and means for standardizing measures, scales, weights, and other apparatus used in creameries or factory of dairy products to determine the amount of percentage of fat in milk or cream; making the commissioner of food and drugs the official in charge of the enforcement of this act; making it unlawful to violate any provision of this act, and other matters properly connected therewith, approved March 22, 1921, as amended.
[Approved March 22, 1951]
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 2276, N. C. L. 1929, is hereby amended to read as follows:
Section 2. It shall be unlawful for any person, firm or corporation, by himself or as the agent, servant, employee or officer of any person, firm or corporation, receiving or purchasing milk or cream on the basis of the amount of butterfat contained therein, to under-read, over-read or otherwise fraudulently manipulate the Babcock test used for determining the percent of butterfat in milk or cream, or to falsify the records thereof, or to read the test at any other temperature than the correct one, which is one hundred thirty degrees to one hundred forty degrees Fahrenheit, or to pay on the basis of any measurement or weight, which is seventeen and six-tenths cubic centimeters for milk and nine grams or eighteen grams for cream; provided, that in all tests for cream the cream shall be weighed into the test-bottle.
κ1951 Statutes of Nevada, Page 442 (CHAPTER 289, SB 173)κ
over-read or otherwise fraudulently manipulate the Babcock test used for determining the percent of butterfat in milk or cream, or to falsify the records thereof, or to read the test at any other temperature than the correct one, which is one hundred thirty degrees to one hundred forty degrees Fahrenheit, or to pay on the basis of any measurement or weight, which is seventeen and six-tenths cubic centimeters for milk and nine grams or eighteen grams for cream; provided, that in all tests for cream the cream shall be weighed into the test-bottle. All testing of milk or cream purchased on the basis of amount of butterfat contained therein shall be done by licensed tester, who shall supervise and be responsible for the operation of the Babcock test of milk or cream. A license shall be issued to such person by the commissioner of food and drugs, whose duty it shall be to examine into the qualifications of the applicant for such license, and every such applicant shall satisfy said officer of his qualifications and comply with the provisions herein, before any license shall be issued to him.
The commissioner of food and drugs, on complaint of any licensed milk producer, showing good cause therefor, that the tests made by any licensed tester are incorrect or inaccurate, shall investigate and test milk from such producer, at the source, until he be satisfied as to the correctness or incorrectness of such complaint.
Sec. 2. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 200Senator Brown
CHAPTER 290
AN ACT to amend an act entitled An act reapportioning senators and assemblymen of the several counties to the legislature of the State of Nevada, establishing assembly districts in certain counties of the state, and providing for the election therefrom of members of the assembly, approved March 27, 1947, as amended.
[Approved March 22, 1951]
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 7280.08, 1929 N. C. L. 1949 Supp., as amended, is further amended to read as follows:
Section 2. The county of Clark is hereby divided into four assembly districts as follows:
All that portion of Clark County comprising the election precincts of the Nelson township and the Searchlight township as established by the county commissioners of Clark County shall be known as assembly district No. 1, with one assemblyman to be elected at large. All that portion of Clark County comprising the election precincts of the Bunkerville township, of the Logandale township, of the Mesquite township, of the Moapa township, and of the Overton township as established by the county commissioners of Clark County shall be known as assembly district No.
κ1951 Statutes of Nevada, Page 443 (CHAPTER 290, SB 200)κ
of the Bunkerville township, of the Logandale township, of the Mesquite township, of the Moapa township, and of the Overton township as established by the county commissioners of Clark County shall be known as assembly district No. 3, with one assemblyman to be elected at large. All that portion of Clark County comprising the election precincts of Henderson township as established by the county commissioners of Clark County shall be known as assembly district No. 4, with one assemblyman to be elected at large. All the remaining portion of Clark County, Nevada, shall be known as assembly district No. 2, with six assemblymen to be elected at large.
________
Senate Bill No. 149Senator Johnson
CHAPTER 291
AN 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 the state fish and game commission, county game management boards, and certain other 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 regulation and licensing 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 establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in 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 22, 1947, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 3035.01-3035.103, 1929 N. C. L. 1949 Supp., is hereby amended by adding thereto a new section to be numbered section 83.1, and to read as follows:
Section 83.1. Any person who owns or controls the shooting rights or privileges on an inclosed tract of land not more than 1,000 acres may establish a commercial or private shooting preserve for the propagation, culture and maintenance of upland game fowl.
The owner or proprietor of any commercial or private shooting preserve, before he shall be entitled to the benefits of this section, shall make application to the county game management board of the county wherein the preserve is to be located, setting forth the name and location of such shooting preserve, together with a legal description of the area included in the preserve, including a statement as to whether the preserve is to be a commercial or private preserve, and if the application is for a commercial shooting preserve, a statement of the amount of fees that are to be collected for the privilege of shooting on said preserve, for approval, and in the event that the said county game management board shall approve such application, then, in that event the owner or proprietor of such commercial or private shooting preserve shall thereafter make written application to the state board of fish and game commissioners for a commercial or private shooting license.
κ1951 Statutes of Nevada, Page 444 (CHAPTER 291, SB 149)κ
application is for a commercial shooting preserve, a statement of the amount of fees that are to be collected for the privilege of shooting on said preserve, for approval, and in the event that the said county game management board shall approve such application, then, in that event the owner or proprietor of such commercial or private shooting preserve shall thereafter make written application to the state board of fish and game commissioners for a commercial or private shooting license. If after investigation the commission is satisfied that the tract is suitable for the purpose, and that the establishment of such a preserve will not conflict with the public interest, the commission may issue a commercial or private shooting preserve license upon the payment of a license fee of $25 to the commission; and said fee shall be placed to the credit of the fish and game fund. Such license shall be issued for the term of one year, from July 1 to June 30 of the following year.
Manner of Killing. Shooting authorization required. Before any shooting may be done on such commercial or private shooting preserve, the licensee must advise the commission, in writing, of the number of each species of upland game bird reared, purchased or acquired for liberation, and request, and receive in writing, a shooting authorization which shall state the number of each species which may be taken by shooting. Birds must be at least eight weeks of age, full winged, and in a condition to go wild before liberation, and the liberation of such birds shall be witnessed by a representative of the commission. The licensee, or with his written permit the holder thereof, may take such upland game fowl from such licensed preserve by shooting only, from September 1 to the last of January. Permits to hunt on such licensed preserve may be used only on the date of issuance, and the hunter must carry on his person this permit at all times while on the area and while in possession of birds taken on such area.
Invoice. No game bird taken in accordance with the provisions of this section shall be removed from the licensed premises until the licensee or his agent shall have attached thereto an invoice, signed by the licensee or his agent, stating the number of his license and the name of such shooting preserve, the date that the birds were killed, the kind and number of such birds, and the name and address of the hunter killing such birds. Such invoice shall authorize transportation and use of the birds. Such licensee or his agent shall at the same time mail, postpaid, a duplicate of such invoice to the fish and game commissioners.
Records and Reports. Every licensee hereunder shall keep records and make an annual report to the commission of the number of birds released and the number of birds killed on said preserve. Such report shall be verified by the affidavit of the licensee or his agent. Such record shall be continuous and kept on the premises described in the application for license, and the licensee shall allow any representative of the commission to enter such premises and inspect his operations and records.
Shooting hours for the areas licensed hereunder shall be the same as those fixed by the commission for upland game throughout the state.
κ1951 Statutes of Nevada, Page 445 (CHAPTER 291, SB 149)κ
Any private shooting preserve so licensed under this section shall not be closed to the general public during the regular open season, and no charge shall be made for hunting on such preserve during the regular open season.
The commission is authorized to prescribe rules and regulations for the operation and maintenance of commercial and private shooting preserves so as to provide for the manner of taking, possession, and disposal of game birds therefrom, to fix the daily bag limit on such birds, the kind and type of records to be kept by the licensee and the manner of inclosing and posting the licensed premises, not inconsistent with the provisions of this section, and such rules and regulations shall have the same effect as if enacted by law. The violation of any of the provisions of this section or the rules and regulations prescribed by the commission is punishable in accordance with the provisions of section 90 of this act, and in addition thereto, any license issued under the provisions of this section may be revoked by the commission or by a court of competent jurisdiction for the balance of the license term, and no new license may be issued during the same license year.
Sec. 2. This act shall be in full force and effect immediately upon its passage and approval.
________
Senate Bill No. 178Committee on State and County Affairs
CHAPTER 292
AN ACT requiring the state printer to print or reproduce material for state agencies, boards, commissions and departments.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The superintendent of state printing shall receive, print, reproduce, and bind only such matter and material as may be submitted by those state offices, departments, boards, commissions, institutions, and agencies whose funds are deposited, in whole or in part, in the state treasury, and paid out on claims as other claims against the state are paid; provided, however, that all necessary printing of the Nevada industrial commission shall be done at the state printing office.
Sec. 2. All acts and parts of act 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.
________
κ1951 Statutes of Nevada, Page 446κ
Senate Bill No. 183Committee on State and County Affairs.
CHAPTER 293
AN ACT to amend an act entitled An act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line, extending from the Lundy generating plant of the Nevada-California power company situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto, approved March 4, 1921, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 19 of the above-entitled act, as amended, being section 2 of chapter 189, Statutes of 1945, is further amended to read as follows:
Section 19. All moneys received for service or the sale of electrical energy and current distributed by said system, and other revenues accruing therefrom or in connection therewith, shall be paid by the officer or person collecting the same to the county treasurer of the county of Mineral, and shall be by him placed in the Mineral County light and power fund, which is hereby created; provided, however, that all moneys deposited by users as meter deposits or line construction deposits shall be kept in a separate fund, to be known as the Mineral County light and power deposit fund, which is likewise hereby created; and the board of commissioners may, from time to time, set aside such portion thereof as may be necessary or advisable to provide for the maintenance and operation of the Mineral County power line. The surplus receipts over and above $50,000 may be transferred to the Mineral County general fund.
Sec. 2. This act shall become effective from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 447κ
Senate Bill No. 202Committee on Finance
CHAPTER 294
AN ACT to amend section 3 of an act entitled An act prohibiting the allowance of excessive claims against any fund, or of claims against any fund of this state, when there shall be insufficient or no funds in said fund, by any officer, commissioner, head of any department, or employee in the State of Nevada, providing a penalty for a violation thereof, and other matters properly connected therewith, approved April 2, 1929.
[Approved March 22, 1951]
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, being section 7051, of the Nevada Compiled Laws of 1929, is hereby amended so as to read as follows:
Section 3. Nothing in this act shall be held to apply to necessary expense or costs of suppressing insurrections, or of defending the State of Nevada, or of assisting in defending the United States in time of war, or in preparing therefor, or for either thereof, or to the cost of maintaining or supporting any program initiated by the state council of defense of the State of Nevada in time of war, declared or undeclared, and whether the same be actual or threatened, or in repairing injury done to state property by catastrophies, fires, storms, or acts of God, or in preventing or preparing to prevent great and imminent danger thereof, and for which there is no sufficient appropriation. When the state board of examiners finds, after diligent inquiry and examination, that great necessity and extreme emergency exists for the expenditure of unappropriated money out of the state treasury on account of either or any of such events, such state board of examiners may then, and only then, declare the existence of such an emergency and great and immediate necessity for the expenditure of not to exceed fifty thousand ($50,000) dollars, and set aside or allocate the same out of any unappropriated money in the general fund in the state treasury and pay for such necessary expenses or costs, claims for which shall be prepared, presented, and paid in the manner provided generally for the payment of claims against the state.
Sec. 2. All acts or parts of acts insofar as they are in conflict herewith are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 448κ
Senate Bill No. 180Senators Lemaire, Robbins, Johnson, Settelmeyer, Tallman, Budelman, Munk, Strosnider, and Brown.
CHAPTER 295
AN ACT to repeal a portion of an act entitled An act in relation to public revenues, creating the Nevada tax commission and the state board of equalization, defining their powers and duties, and matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 23, 1917, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5a of the above-entitled act, being section 6546.01, 1929 N. C. L. 1949 Supp., is hereby repealed.
Sec. 2. All equipment and/or supplies determined by the Nevada tax commission to be in excess of the requirements of the Nevada tax commission shall be transferred to the purchasing agent or other suitable state agency for disposal as surplus property. Any proceeds from such sales and/or sales of surplus equipment and/or supplies shall revert to the general fund.
________
Senate Bill No. 113Committee on Judiciary
CHAPTER 296
AN ACT to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 454 of the above-entitled act, being section 8943, N. C. L. 1929, is hereby amended to read as follows:
Section 454. When a contempt is committed in the immediate view and presence of the court or judge at chambers, it may be punished summarily, for which an order shall be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the court or judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators; provided, that in all cases of contempt arising without immediate view and presence of the court, the judge of such court in whose contempt the defendant is alleged to be shall not preside at such trial over the objection of the defendant, save and except, this provision shall not be construed or deemed to apply in any case where a final judgment or decree of said court is drawn in question and such judgment or decree was entered in such court by a predecessor judge thereof ten years or more preceding the bringing of contempt proceedings for the violation of said judgment or decree.
κ1951 Statutes of Nevada, Page 449 (CHAPTER 296, SB 113)κ
case where a final judgment or decree of said court is drawn in question and such judgment or decree was entered in such court by a predecessor judge thereof ten years or more preceding the bringing of contempt proceedings for the violation of said judgment or decree.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
Senate Bill No. 108Committee on Banks, Banking, and Corporations
CHAPTER 297
AN ACT to amend the title of an act entitled, An act to define and regulate the business of lending in amounts of three hundred dollars or less; to authorize the licensing of persons engaged in such business; to permit such licensees to make charges at a greater rate than lenders not licensed hereunder; to prescribe maximum rates of charge which licensees are permitted to make; to provide for the administration and enforcement of this act for the issuance of regulations and orders therefor; to authorize the making of examinations and investigations and the publication of reports thereof; to provide for a review of administrative acts hereunder; providing a small-loan act fund for the purpose of carrying out the provisions of the act, and providing for the transfer to the general fund of the state any excess under certain conditions; to prescribe penalties; and to repeal all acts and parts of acts, whether general, special, or local, which relate to the same subject matter as this act, so far as they are inconsistent with the provisions of this act, approved March 30, 1943.
[Approved March 22, 1951]
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 hereby amended to read as follows:
An act to define and regulate the business of lending in amounts of fifteen hundred dollars or less; to authorize the licensing of persons engaged in such business; to permit such licensees to make charges at a greater rate than lenders not licensed hereunder; to prescribe maximum rates of charge which licensees are permitted to make; to provide for the administration and enforcement of this act for the issuance of regulations and orders therefor; to authorize the making of examinations and investigations and the publication of reports thereof; to provide for a review of administrative acts hereunder; providing a small-loan act fund for the purpose of carrying out the provisions of the act, and providing for the transfer to the general fund of the state any excess under certain conditions; to prescribe penalties; and to repeal all act and parts of acts whether general, special, or local, which relate to the same subject matter as this act, so far as they are inconsistent with the provisions of this act.
Sec. 2. Section 1 of the above-entitled act, being section 753, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 1. (a) Declaration of Legislative Intent. The legislature finds as facts and determines that:
κ1951 Statutes of Nevada, Page 450 (CHAPTER 297, SB 108)κ
1. There exists among citizens of this state a widespread demand for small loans. The scope and intensity of this demand have been increased progressively by many social and economic forces.
2. The expense of making and collecting small loans, which are usually made on comparatively unsubstantial security to wage earners, salaried employees, and other persons of relatively low incomes is necessarily high in relation to the amounts lent.
3. Such loans cannot be made profitably under the limitations imposed by existing laws relating to interest and usury. These limitations have tended to exclude lawful enterprises from the small-loan field. Since the demand for small loans cannot be legislated out of existence, many small borrowers have been left to the mercy of those willing to bear opprobrium and risk the penalties of usury for a large profit.
4. Interest charges are often disguised by the use of subterfuges to evade the usury law. These subterfuges are so complicated and technical that the usual borrower of small sums is defenseless, even if he is aware of the usurious nature of the transaction and of his legal rights.
5. As a result, borrowers of small sums are being exploited, to the injury of the borrower, his dependents, and the general public. Charges are generally exorbitant in relation to those necessary to the conduct of a legitimate small-loan business; trickery and fraud are common; and oppressive collection practices are prevalent.
6. These evils characterize and distinguish loans of fifteen hundred dollars or less. Legislation to control this class of loans is necessary to protect the public welfare.
7. It is the intent of the legislature in enacting this law to bring under public supervision those engaged in the business of making such loans, to eliminate practices that facilitate abuse of borrowers, to establish a system of regulation for the purpose of insuring honest and efficient small-loan service and of stimulating competitive reductions in charges, to allow lenders who meet the conditions of this act a rate of charge sufficiently high to permit a business profit, and to provide the administrative machinery necessary for effective enforcement.
(b) Definitions. The following words and terms when used in this act shall have the following meanings unless the context clearly requires a different meaning. The meaning ascribed to the singular form shall apply also to the plural.
Person shall include individuals, copartnerships, associations, trusts, corporations, and any other legal entities.
License shall mean a license, issued under the authority of this act, to make loans in accordance with the provisions of this act, at a single place of business.
Licensee shall mean a person to whom one or more licenses have been issued.
Commissioner shall mean the superintendent of banks.
Department shall mean the state board of finance.
κ1951 Statutes of Nevada, Page 451 (CHAPTER 297, SB 108)κ
Sec. 3. Section 2 of the above-entitled act, being section 754, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 2. (a) Scope. No person shall engage in the business of lending in amounts of fifteen hundred dollars or less and contract for, exact, or receive, directly or indirectly, on or in connection with any such loan, any charges whether for interest, compensation, consideration, or expense, which in the aggregate are greater than the interest that the lender would be permitted by law to charge for a loan of money if he were not a licensee under this act, except as provided in and authorized by this act, and without having first obtained a license from the commissioner. For the purpose of this section a loan shall be deemed to be in the amount of fifteen hundred dollars or less if the net amount or value advanced to or on behalf of the borrower, after deducting all payments for interest, principal, expenses, and charges of any nature taken substantially contemporaneously with the making of the loan does not exceed fifteen hundred dollars.
(b) Exemptions. No person doing business under the authority of any law of this state or of the United States relating to banks, savings banks, trust companies, savings or building and loan associations, or credit unions shall be eligible to become a licensee under this act, nor shall this act apply to any business transacted by any such person under the authority of and as permitted by any such law, nor to any bona fide pawnbroking business transacted under a pawnbrokers license.
(c) Evasions. The provisions of subsection (a) of this section shall apply to any person who seeks to evade its application by any device, subterfuge, or pretense whatsoever including, but not thereby limiting, the generality of foregoing. The loan, forbearance, use, or sale of credit (as guarantor, surety, endorser, comaker, or otherwise), money, goods, or things in action; the use of collateral or related sales or purchases of goods or services, or agreements to sell or purchase, whether real or pretended; receiving or charging compensation for goods or services, whether or not sold, delivered, or provided; and the real or pretended negotiation, arrangement, or procurement of a loan through any use or activity of a third person, whether real or fictitious.
(d) Penalty. Any person and the several members, officers, directors, agents, and employees thereof, who shall violate or participate in the violation of any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars and not less than one hundred dollars, or by imprisonment of not more than six months, or by both such fine and imprisonment, in the discretion of the court. Any contract of loan in the making or collection of which any act shall have been done which violates subsection (a) of this section shall be void and the lender shall have no right to collect, receive, or retain any principal, interest, or charges whatsoever.
Sec. 4. Section 8 of the above-entitled act, being section 759.01, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 8. (a) Examination of Licensees. At least once each year the commissioner or his duly authorized representatives shall make an examination of the place of business of each licensee and of the loans, transactions, books, papers, and records of such licensee so far as they pertain to the business licensed under this act.
κ1951 Statutes of Nevada, Page 452 (CHAPTER 297, SB 108)κ
the commissioner or his duly authorized representatives shall make an examination of the place of business of each licensee and of the loans, transactions, books, papers, and records of such licensee so far as they pertain to the business licensed under this act.
(b) Investigations. For the purpose of discovering violations of this act or of securing information lawfully required hereunder, the commissioner or his duly authorized representatives may at any time investigate the business and examine the books, accounts, papers, and records used therein, of (1) any licensee, (2) and other person engaged in the business described in subsection 2(a) of this act or participating in such business as principal, agent, broker, or otherwise, and (3) any person who the commissioner has reasonable cause to believe is violating or is about to violate any provision of this act, whether or not such person shall claim to be within the authority or beyond the scope of this act. For purposes of this section, any person who shall advertise for, solicit, or hold himself out as willing to make loan transactions in the amount or of the value of fifteen hundred dollars or less shall be presumed to be engaged in the business described in subsection 2(a) of this act.
(c) Access to Records-Witness. For the purposes of this section, the commissioner or his duly authorized representatives shall have and be given free access to the offices and places of business, files, safes, and vaults of all such persons, and shall have authority to require the attendance of any such person and to examine him under oath relative to such loans or such business or to the subject matter of any examination, investigation, or hearing.
(d) Cease and Desist Orders-Injunctions-Receivers. Whenever the commissioner has reasonable cause to believe that any person is violating or is threatening to or intents to violate any provision of this act, he may, in addition to all actions provided for in this act and without prejudice thereto, enter an order requiring such person to desist or to refrain from such violation; and an action may be brought on the relation of the attorney general and the commissioner to enjoin such person from engaging in or continuing such violation or from doing any act or acts in furtherance thereof. In any such action, an order or judgment may be entered awarding such preliminary or final injunction as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound, and to appoint a receiver for the property and business of the defendant, including books, papers, documents, and records pertaining thereto or so much thereof as the court may deem reasonably necessary to prevent violations of this act through or by means of the use of said property and business. Such receiver, when appointed and qualified, shall have such powers and duties as to custody, collection, administration, winding up, and liquidation of such property and business as shall from time to time be conferred upon him by the court.
κ1951 Statutes of Nevada, Page 453 (CHAPTER 297, SB 108)κ
(e) All fees and charges which shall be collected under the provisions of this act, shall be apportioned to a fund to be known as the Nevada small-loan act fund and shall be used by the commissioner for the purpose of carrying out the provisions of this act; provided, however, that whenever, at the close of any fiscal year, the moneys in such Nevada small-loan act fund shall exceed the sum of two thousand five hundred ($2,500) dollars, the excess over two thousand five hundred ($2,500) dollars shall be transferred to the general fund of the state.
Sec. 5. Section 11 of the above-entitled act, being section 759.04, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 11. (a) Advertising. No licensee or other person subject to this act shall advertise, display, distribute, or broadcast, or cause or permit to be advertised, displayed, distributed, or broadcast, in any manner whatsoever, any false, misleading, or deceptive statement or representation with regard to the rates, terms, or conditions for loans in the amount or of the value of $1,500 or less. The commissioner may require that charges or rates of charge, if stated by the licensee, be stated fully and clearly in such manner as he may deem necessary to prevent misunderstanding thereof by prospective borrowers. The commissioner may permit or require licensees to refer in their advertising to the fact that their business is under state supervision, subject to conditions imposed by him to prevent an erroneous impression as to the scope or degree of protection provided by this act.
(b) Schedule of Charges. Each licensee shall display in each licensed place of business a full and accurate schedule of the rates of charge upon all classes of loans currently to be made by him.
Sec. 6. Section 13 of the above-entitled act, being section 759.06, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 13. (a) Maximum Rate of Charge. Every licensee hereunder may contract for and receive, on any loan of money not exceeding fifteen hundred dollars in amount, charges at a rate not exceeding three percent a month on the first three hundred ($300) dollars of said loan, and one (1%) percent per month on any amount over three hundred dollars ($300) dollars of the unpaid principal balance of any loan; provided, that if the charges, at the maximum rate in this section above stated, upon any loan, including the renewal or renewals extension, or extensions thereof shall in any one year equal an amount which is less than $5, then and in such cases said licensee shall be permitted to contract for and receive a minimum charge of $5. No licensee shall induce or permit any person, nor any husband and wife, jointly or severally, to become obligated, directly or contingently, or both, under more than one contract of loan at the same time.
(b) Method of Computing Charges. Charges on loans made under this act shall not be paid, deducted, or received in advance. Such charges shall not be compounded; provided, that if part or all of the consideration for a loan contract is the unpaid principal balance of a prior loan, then the principal amount payable under such loan contract may include any unpaid charges on the prior loan which have accrued within sixty days before the making of such loan contract.
κ1951 Statutes of Nevada, Page 454 (CHAPTER 297, SB 108)κ
accrued within sixty days before the making of such loan contract. Such charges shall (1) be computed and paid only as a percentage per month of the unpaid principal balance or portions thereof, and (2) be so expressed in every obligation signed by the borrower, and (3) be computed on the basis of the number of days actually elapsed. For the purpose of computing charges, whether at the maximum rate or less, a month shall be any period of 30 consecutive days and the rate of charge for each day shall be 1/30th of the monthly rate.
(c) No Further Charges. In addition to the charges herein provided for, no further or other amount whatsoever shall be directly or indirectly charged, contracted for, or received except notary, filing, and recording fees, and insurance premiums. If any amount in excess of the charges permitted by this act is charged, contracted for, or received, except as the result of an accidental and bona fide error of computation, the contract of loan shall be void, and the licensee shall have no right to collect or receive any principal, charges, or recompense whatsoever; provided, that if court action be instituted for the collection of loan, attorney fees and court costs as allowed by the court will be added, and the licensee and the several members, officers, directors, agents, and employees thereof who shall have participated in such violation shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars and not less than one hundred dollars, or by imprisonment of not more than six months, or by both such fine and imprisonment, in the discretion of the court.
Sec. 7. Section 15 of the above-entitled act, being section 759.08, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 15. Indebtedness of More Than Fifteen Hundred Dollars. No licensee shall directly or indirectly charge, contract for, or receive a greater rate of interest than the interest that the lender would be permitted by law to charge for a loan of money if he were not a licensee under this act upon any loan in excess of fifteen hundred dollars, or upon any part or all of any aggregate indebtedness of the same person in excess of fifteen hundred dollars. The foregoing prohibition shall also apply to any licensee who permits any person, as borrower or as endorser, guarantor, or surety for any borrower, or otherwise, or any husband and wife jointly or severally, to owe directly or contingently, or both, to the licensee at any time a sum of more than fifteen hundred dollars for principal.
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κ1951 Statutes of Nevada, Page 455κ
Senate Bill No. 168Committee on Judiciary
CHAPTER 298
AN ACT to amend an act entitled An act providing for the government of the towns and cities of this state, approved February 26, 1881, as amended.
[Approved March 22, 1951]
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 1231, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 1. In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the following powers and duties with regard to the management of the affairs and business of any unincorporated town or city in their respective counties:
1. To fix and define the boundaries of such town or city within which the jurisdiction herein conferred shall be exercised, provided, that in the case of any disincorporated town or city the boundaries shall be fixed at the time of such disincorporation, but any change of such boundaries may be made by the board upon petition of the owners of the majority of the taxable property thereof.
2. To institute and maintain any suit or suits in any court or courts necessary in their judgment to enforce and maintain any right or rights of said unincorporated town or city; all such suits shall be prosecuted in the name of the board of county commissioners for the use and benefit of all inhabitants of said town or city, and shall be entitled accordingly in all pleadings and proceedings.
3. To levy a tax, not exceeding one and one-half percent per annum, upon the assessed value of all real and personal property (including proceeds of mines) situated in said unincorporated town or city, made taxable by law for state and county purposes.
4. To lay out, extend, and alter the streets and alleys in said unincorporated town or city, and provide for the grading, draining, cleaning, widening, lighting, or otherwise improving the same; also, to provide for the construction, repair, and preservation of sidewalks, bridges, drains, and sewers, and for the prevention and removal of obstructions from the streets and sidewalks of said town or city; provided, that said board may, in its discretion, and after notice of its intention so to do to the property owners concerned, and hearing thereof if such be requested, assess the cost of improving any street or building, or repairing a sidewalk, to the owner or owners of the property in front of which said street, or sidewalk or proposed sidewalk, may be, and may make such cost of improvement, repairs, or building a lien upon such property.
5. To condemn property for the use of the inhabitants of said town or city in the manner hereinafter provided.
6. To provide for the prevention and extinguishment of fires, and organize, regulate, establish, and disband fire companies or fire departments in said city or town, and to provide for the payment thereof and the appointment and payment of officers thereto; provided that all such payments shall be made from the separate fund of the city or town where service is performed or required, when such fire company or department operates in said city or town alone, and if used outside of said city or town the board may provide for contribution from general county funds if provided for in the county budget; and provided further, that the chief engineer of the fire department shall receive compensation in a sum not to exceed two hundred and fifty ($250) dollars per month; the assistant chief engineer of the fire department not to exceed two hundred and twenty-five ($225) dollars per month; and all other employees of the fire department not to exceed two hundred ($200) dollars per month; and further provided, that a majority of the board of county commissioners shall name and appoint two thirds of all such officers and employees, and the minority thereof shall name and appoint one third.
κ1951 Statutes of Nevada, Page 456 (CHAPTER 298, SB 168)κ
organize, regulate, establish, and disband fire companies or fire departments in said city or town, and to provide for the payment thereof and the appointment and payment of officers thereto; provided that all such payments shall be made from the separate fund of the city or town where service is performed or required, when such fire company or department operates in said city or town alone, and if used outside of said city or town the board may provide for contribution from general county funds if provided for in the county budget; and provided further, that the chief engineer of the fire department shall receive compensation in a sum not to exceed two hundred and fifty ($250) dollars per month; the assistant chief engineer of the fire department not to exceed two hundred and twenty-five ($225) dollars per month; and all other employees of the fire department not to exceed two hundred ($200) dollars per month; and further provided, that a majority of the board of county commissioners shall name and appoint two thirds of all such officers and employees, and the minority thereof shall name and appoint one third.
7. To regulate the storage of gunpowder and other explosive or combustible materials within said town or city.
8. To determine what shall be nuisances in such town or city, and provide for the punishment, prevention, and removal of the same.
9. To fix and collect a license tax on, and regulate, all places of business and amusement so licensed, as follows, to-wit: Artisans, artists, assayers, auctioneers, bakers, bankers, barbers, billiard tables, boilermakers, boot- and shoe-makers and cobblers, bowling alleys, brokers, factors and general agents, commission merchants, circus, caravan or menagerie, concerts and other exhibitions, dancehouses, saloons or cellars and places where soft drinks are kept or sold, express and freight companies, foundaries, gaming hawkers and peddlers, hayyards, wagonyards and corrals, hotels, boardinghouses and lodginghouses, illuminating gas, electric light companies, power companies, telephone companies, water companies, express companies, bank, and bankers, insurance agents, job-wagons, carts and drays, laundries, livery and sale stables, lumber-yards, manufacturers of liquors and other beverages, manufacturers of soap, soda, borax or glue, markets, merchants, and traders, milliners and dressmakers, newspaper publishers, pawnbrokers, restaurants and refreshment saloons, barrooms, shooting galleries, skating rinks, solicitors, drummers, mercantile agents, stages and omnibusses, stockbrokers, tailors, clothes-cleaners, telegraph companies, theaters, melodeons, and other exhibitions, undertakers, wood and coal dealers, having due regard to the amount of business done by each person or firm so licensed; to license, tax, and regulate, prohibit, and suppress all tippling houses, dramshops, public card tables, raffles, hawkers, peddlers and pawnbrokers, gambling-houses, disorderly houses, and houses of ill-fame; to levy and collect an annual tax on all dogs owned or kept within the limits of said town or city, and to provide for the extermination of all dogs for which such tax shall not have been paid, and to prohibit the keeping of hogs or the running at large of goats, cows, or other animals within the limits of said town or city; to fix and collect a license tax upon all professions, trades, or business within said town or city not heretofore specified.
κ1951 Statutes of Nevada, Page 457 (CHAPTER 298, SB 168)κ
the limits of said town or city; to fix and collect a license tax upon all professions, trades, or business within said town or city not heretofore specified.
10. To provide by ordinance for the issuance of all licenses in this act mentioned or authorized to be issued, and to fix the terms on which and the sums for which the same shall be issued.
11. To prevent, punish, and restrain any disorderly conduct within said town or city; to establish and maintain a board of health.
12. To hold, manage, use, and dispose of the real and personal property of said town or city, and collect all dues and demands belonging to or coming to the same; but no sale of any such property shall be made until after it be appraised by three appraisers appointed by a district judge of the county, taxpayers of said town or city, at the actual market value, nor shall it be sold for less than three fourths of such appraised value.
13. To fix and prescribe the punishment for the breach of ordinance made or adopted by said board of county commissioners, to be enforced within said town or city; but no fines shall be imposed for one offense in a sum greater than five hundred ($500) dollars, and no term of imprisonment shall be more than six months, but in lieu of imprisonment shall be more than six months, but in lieu of imprisonment any person committed for punishment may be made to work on any public work in said town or city, and to that end a chaingang may be formed, continued, and operated.
14. To pass and adopt all ordinances, rules and regulations, including an ordinance to provide the method by which said cities and towns may be annexed to incorporated cities and towns; provided, that such ordinances must provide for the consent thereto of the owners of the majority of the taxable property of said city or town, and no annexation thereof shall be effective unless such ordinance be complied with, and do and perform all other acts and things necessary for the execution of the powers and jurisdiction by this act conferred; provided, that all ordinances of said town or city in force at the date of the assumption of said board of county commissioners of the powers and duties by this act conferred or imposed, and not inconsistent therewith, shall remain in full force and be enforced until changed or repealed by such board; and provided further, that no ordinance passed by said board shall be in force or effect until published for two publications one week apart.
15. To audit and allow all claims properly payable out of the funds of said town or city. Any property, real or personal, necessary for the public use of said town or city, or the inhabitants thereof, may be condemned and appropriated in the following manner: The board of county commissioners shall appoint one referee and the claimant or claimants, or owner or owners of the property sought to be condemned, shall appoint one referee, and in the event the two referees so appointed shall not agree in the valuation of the property or the interest or interests claimed therein, then the two so appointed shall select a third referee, and the decision of the majority of such three, as to the valuation of the property or the interest or interests therein by them appraised, shall be reported to said board of county commissioners, and shall be by them regarded as final and binding, unless the party deeming himself aggrieved by the decision of such referees shall appeal therefrom to the district court of the proper county within thirty days after notice of such decision shall have been served upon him; and upon the tender, in lawful money of the United States, of the sum named as the value of such property interest or interests to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest or interests therein, appraised, shall become and be the property of said town or city, and said board of county commissioners may, at any time after twenty days notice, cause the sheriff of the county to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal.
κ1951 Statutes of Nevada, Page 458 (CHAPTER 298, SB 168)κ
them appraised, shall be reported to said board of county commissioners, and shall be by them regarded as final and binding, unless the party deeming himself aggrieved by the decision of such referees shall appeal therefrom to the district court of the proper county within thirty days after notice of such decision shall have been served upon him; and upon the tender, in lawful money of the United States, of the sum named as the value of such property interest or interests to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest or interests therein, appraised, shall become and be the property of said town or city, and said board of county commissioners may, at any time after twenty days notice, cause the sheriff of the county to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned, as herein provided, shall refuse or neglect, when required by the board of county commissioners, to appoint a referee to value such property, then said board of county commissioners shall constitute a board of appraisers of such property, and their valuation of the same shall be final and binding, subject to right of appeal, as hereinbefore provided; but no act of condemnation of property, or of any claim of interest therein as herein provided, shall be deemed or held as an admission on the part of said town or city, or the inhabitants thereof, of the legality of the asserted claim thereto or right therein; and in the condemnation of property, as in this act provided, the referees or county commissioners, as the case may be shall consider whether the proposed improvement, for which said property is so condemned, will be of any benefit to the person or persons owning or claiming the said property or some interest therein, and if they find, that the same will be a benefit to such person or persons, they shall estimate the value of such benefit to him or them, and deduct the amount thereof from the estimated value of the property or interest therein condemned.
Sec. 2. This act shall become effective from and after its passage and approval.
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κ1951 Statutes of Nevada, Page 459κ
Senate Bill No. 92Senators Reid, Budelman, and Tallman
CHAPTER 299
AN ACT to amend an act entitled An act to provide for a state board of registered professional engineers; creating their duties and granting their powers; requiring all persons who practice professional engineering to obtain certificates and seals; empowering the board of registered professional engineers to hold hearings and providing for forfeiture, revocation, or suspension of certificates; to practice professional engineering, empowering the board of registered professional engineers to examine applicants and issue certificates for land surveying as a distinct branch of professional engineering; providing for the forfeiture, revocation, or suspension of certificates to practice land surveying; defining land surveyors and land surveying, defining duties of land surveyors; and defining land surveying practice; authorizing land surveyors to administer and certify oaths; requiring all persons who practice land surveying to obtain certificates and seals; providing penalties for the violation of this act; repealing all acts in conflict herewith, and other matters properly related thereto, approved March 29, 1919, as amended.
[Approved March 22, 1951]
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 chapter 315, page 639, Statutes of 1949, is hereby amended to read as follows:
Section 1. On or before June 1, 1935, the governor shall appoint five (5) persons, all of whom shall be engaged in the practice or teaching of professional engineering in any of its branches except military, and who shall constitute a board of registered professional engineers.
The members of such board shall, within thirty (30) days after their appointment, take and subscribe to the oath of office as prescribed by the laws of Nevada and file the same with the secretary of state. Each member shall be appointed to hold office for a term of two years; save and except that the members of the board first to be appointed under this act shall hold office, one for one (1) year, one for two (2) years, one for three (3) years, and two for four (4) years.
Any vacancies that may occur from any cause shall be filled by the governor for the unexpired term; provided, that all appointments made after the first year shall be from the roll of certificates issued and on file in the office of the secretary of state. The members of the board shall, as far as practical, consist of one (1) member of the following engineering professions: Mining, mechanical, electric, civil, and highway.
Sec. 2. Section 2 of said act, as amended by chapter 315, page 640, Statutes of 1949, is hereby amended to read as follows:
Section 2. The term professional engineer, as used in this act, shall mean a person who by reason of his professional education and practical experience is qualified to engage in engineering practice as hereinafter defined.
The term engineer-in-training, as used in this act, shall mean a candidate for registration as a professional engineer:
1. Who is a graduate of an approved engineering curriculum of four years or more approved by the board as of satisfactory standing and who in addition has successfully passed an oral or written examination as shall be designated by the board; or
κ1951 Statutes of Nevada, Page 460 (CHAPTER 299, SB 92)κ
four years or more approved by the board as of satisfactory standing and who in addition has successfully passed an oral or written examination as shall be designated by the board; or
2. Who has had four years or more of experience in engineering work satisfactory to the board; and who, in addition has successfully passed part one of the examination as provided in paragraph 3 of section 5 of this act.
The practice of engineering shall not include the work ordinarily performed by persons who operate or maintain machinery or equipment.
The practice of professional engineering within the meaning and intent of this act includes any professional service such as surveying, consultation, investigation, evaluation, planning, and design, or responsible supervision of construction or operation in connection with any public or private utilities, structures, building, machines, equipment, processes, works, or projects, wherein the public welfare or the safeguarding of life, health, or property is concerned or involved, when such professional services require the application of engineering principles and data. This act does not apply to employees of interstate railroad, telegraph, or telephone companies, or to any duly licensed architect.
The phrase branches of engineering shall mean the recognized branches of professional engineering as determined by the board.
The term board as used in this act shall mean the state board of registered professional engineers.
Sec. 3. Section 3 of said act as amended by chapter 315, page 640, Statutes of 1949, is hereby amended to read as follows:
Section 3. The state board of registered professional engineers shall have its principal office in the city of Reno, and it shall have, among others, the following powers and duties:
1. The board shall have the power to make all bylaws and rules not inconsistent with the constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties, and the regulation of the proceedings before it. The board shall adopt and have an official seal.
2. In carrying into effect the provisions of this act, the board may under the hand of its chairman and the seal of the board subpena witnesses and compel their attendance, and also may require the production of books, papers, and documents in a case involving the revocation of registration or practicing or offering to practice without registration. Any member of the board may administer oaths and affirmations to witnesses appearing before the board. If any person shall refuse to obey any subpena so issued, or shall refuse to testify or produce any books, papers or documents, the board may present its petition to the district court of the judicial district wherein such person resides, setting forth the facts, and thereupon such district court shall in a proper case issue its subpena to such person requiring his attendance before such district court, and there to testify or to produce such books, papers, or documents as may be deemed necessary and pertinent by the board.
κ1951 Statutes of Nevada, Page 461 (CHAPTER 299, SB 92)κ
and pertinent by the board. Any person failing or refusing to obey the subpena of said district court may be proceeded against in the same manner as for refusal to obey any other subpena or order of said district court.
3. To hold oral or written examination of applicants for certificates at least twice each year in localities determined by the number of applications received and to determine from such examinations the branch or branches of professional engineering in which the applicant is qualified for the purpose of granting him a certificate to practice such branch or branches of professional engineering. The board may issue a certificate to an applicant, upon presentation of evidence of registration in good standing from a state or territory maintaining standards of engineering registration equivalent to those in Nevada, provided that such person, in the judgment of the board, has the necessary qualifications under this act.
4. To charge and collect from all applicants for registration as professional engineer or land surveyor an application fee of fifteen dollars ($15) to be retained by the board and a registration fee of ten dollars ($10) and to charge and collect from all applicants for registration as engineer-in-training a fee of ten dollars ($10) which shall include the cost of examination and the issuance of a certificate as engineer-in-training. When registration as a professional engineer or land surveyor is completed by an engineer-in-training he shall pay an additional fee of fifteen dollars ($15) before issuance of a license as a professional engineer. All fees collected shall be used to meet the expenses of examinations, issuance of certificates, and conducting its office; provided, that such expenses, including traveling and hotel expenses of its members while attending the sessions of the board, or conducting examinations, must be paid from the current receipts, and no portion thereof shall be paid from the state treasury.
5. To require the annual renewal of all certificates and to collect therefor an annual fee of $5.
6. To report annually to the secretary of state on or before January 1 of each year all such certificates issued or renewed, together with a detailed statement of the receipts and disbursements; provided, that any balance remaining in excess of the expenses incurred may be retained by the board and used in defraying the future expenses thereof. A roster showing the names and places of business of all registered professional engineers and engineers-in-training shall be prepared by the secretary of the board during the month of December of each year. Copies of this roster shall be mailed to each person so registered, placed on file with the secretary of state, and furnished to the public on request.
Sec. 4. Section 14 of said act, as amended by chapter 254, page 804, Statutes of 1947, is hereby amended to read as follows:
Section 14. An applicant for license as land surveyor shall give with his application the names and addresses of at least three persons who are registered professional engineers in Nevada or in the state in which the applicant resides and who have sufficient knowledge of the applicant to certify as to his professional integrity, ability, and fitness to receive a license.
κ1951 Statutes of Nevada, Page 462 (CHAPTER 299, SB 92)κ
applicant to certify as to his professional integrity, ability, and fitness to receive a license.
Certificates may be granted under the provisions of section 3 of this act to applicants for land surveyor licenses who are registered in other states.
The applicant shall be thoroughly familiar with the procedure and rules governing the survey of the public lands as set forth in the manual of instructions for the survey of the public lands of the United States, published by the commissioner of the general land office, department of the interior, Washington, D. C.
The applicant shall also be thoroughly familiar with procedure in relation to the coordinate system of the United States coast and geodetic survey adopted for use in this state.
A professional engineer registered heretofore under the provisions of the engineers registration law, may, at the discretion of the board, be issued a certificate which includes land surveying, provided he makes application therefor in writing, not later than thirty (30) days after notification by the board, by registered mail, subsequent to the passage and approval of this act, and in any event, not later than ninety (90) days after the passage and approval of this act; provided, that the provisions of this paragraph shall not apply to state water right surveyors who have been heretofore licensed by the state engineer under the provisions of Nevada Stats. 1921, sec. 91.
The date of such application shall be determined by the postmark of the post office of first receipt.
To qualify for a license as land surveyor, an applicant must receive a grade of not less than 70 percent on his examination.
The written examination for land surveyor shall consist of a one-day test (two 4-hour periods) requiring the applicant to demonstrate that he understands the theory and practice of land surveying, including the use, care, and adjustment of instruments; surveying computations, traverses and methods of closure, mapping, base lines and triangulations; the principles of geodetic surveying, determination of true meridian, latitude, and longitude, land boundaries, monuments, subdivisions of lands, deed descriptions and conveyancing; and the common laws and usages regarding surveys. The applicants knowledge of the provisions of the manual of instructions for the survey of the public lands of the United States will be tested by appropriate questions and problems. Free use of notes, texts by appropriate questions and reference books will be allowed.
Sec. 5. This act shall be effective immediately upon its passage and approval.
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κ1951 Statutes of Nevada, Page 463κ
Senate Bill No. 203Committee on Finance
CHAPTER 300
AN ACT amending an act entitled An act creating state and local councils of defense; providing a director for the state council of defense; defining their powers and duties and other matters related thereto; making an appropriation therefor, and repealing acts in conflict herewith, approved March 23, 1943.
[Approved March 22, 1951]
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 6917.01 of the 1949 Supplement to the Nevada Compiled Laws of 1929, is hereby amended so as to read as follows:
Section 1. The state council of defense of the State of Nevada is hereby created. Said state council of defense shall include a director and not less than fifteen (15) nor more than twenty-five (25) members to be appointed by the governor and to hold office subject to his pleasure. The governor shall serve as chairman of the council. The present state council of defense of Nevada is hereby continued in existence subject to the power of the governor to remove any member thereof and to appoint any additional members. Said members of the state council of defense, shall serve without pay, save and except the director who shall receive a salary as hereinafter provided. Their actual and necessary traveling expenses may be paid, when upon the performance of duties assigned to them by the state council, its executive committee, or director, from any funds available from contributions or otherwise.
Sec. 2. Section 4 of the above-entitled act, being section 6917.04 of the 1949 Supplement to the Nevada Compiled Laws of 1929, is hereby amended so as to read as follows:
Section 4. The state director shall receive a salary of not to exceed five thousand ($5,000) dollars per year to be paid at the same time and in the same manner as other state officers are paid, the exact amount of said annual salary to be fixed by the governor as chairman of the council. The state director may employ one chief stenographer at a salary of not to exceed twenty-seven hundred, ($2,700) dollars per annum. The salaries of the director and the chief stenographer shall be payable in semimonthly installments out of the state treasury of Nevada as other salaries are paid. The state director may employ such additional clerical and stenographic assistants and may make such expenditures in accordance with the general salary law of the State of Nevada and within the limits of the appropriation therefor or funds made available to him as are necessary to carry out the purposes of this act. Said state director and/or his assistants appointed under the provisions of this act when traveling in the performance of their official duties may be allowed and paid travel and per diem expense as other state officers are paid. Said state director may also expend such sums of money as may be needed for the operation and maintenance of his office. In no event shall the state director for any purpose whatsoever incur, expend, or disburse in the period beginning April 1, 1951, and ending June 30, 1953, more moneys than the appropriation hereinafter provided for, and/or as the same may be from time to time increased through funds lawfully received unto said appropriation.
κ1951 Statutes of Nevada, Page 464 (CHAPTER 300, SB 203)κ
shall the state director for any purpose whatsoever incur, expend, or disburse in the period beginning April 1, 1951, and ending June 30, 1953, more moneys than the appropriation hereinafter provided for, and/or as the same may be from time to time increased through funds lawfully received unto said appropriation.
Sec. 3. Section 10 of the above-entitled act, being section 6917.10 of the 1949 Supplement to the Nevada Compiled Laws of 1929, is hereby amended so as to read as follows:
Section 10. For the purpose of carrying out the administrative provisions of this act there is hereby appropriated, out of the moneys in the state treasury not otherwise appropriated, the sum of twenty-one thousand five hundred ($21,500) dollars for the period beginning April 1, 1951, and ending June 30, 1953, to be paid out on approval of the state director and allowed and paid as other claims against the State of Nevada.
Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 5. This act is an emergency measure and shall be effective immediately upon its passage and approval.
________
Senate Substitute for Senate Bill No. 14Committee on Judiciary
CHAPTER 301
AN ACT to amend an act entitled An act concerning the estates of deceased persons, approved March 26, 1941.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 12 of the above-entitled act, being section 9882.12, 1929 N. C. L. 1941 Supp., is hereby amended so as to read as follows:
Section 12. At least ten days before the hearing, copies of the notice of the hearing of a petition for probate and for the issuance of letters must be personally served upon the heirs of the testator and the devisees and legatees named in the will and all persons named as executors who are not petitioning, or mailed, postage prepaid, registered mail, marked Deliver to address only. Return receipt requested, from a post office within this state, addressed to such person or persons at their respective places of residence, if known to the petitioner; if not known, such notice shall be addressed and mailed, postage prepaid, to such persons whose addresses are unknown, to the county seat of the county where the proceedings are pending.
Sec. 2. Section 119 of the above-entitled act, being section 9882.119, 1929 N. C. L. 1941 Supp., is hereby amended so as to read as follows:
Section 119. Every executor or administrator shall, immediately after his appointment, cause to be published in some newspaper published in the county, if there be one, if not, then in such newspaper as may be designated by the court or judge, and post a copy thereof at the courthouse of the county a notice of his appointment as such executor or administrator.
κ1951 Statutes of Nevada, Page 465 (CHAPTER 301, SB 14)κ
after his appointment, cause to be published in some newspaper published in the county, if there be one, if not, then in such newspaper as may be designated by the court or judge, and post a copy thereof at the courthouse of the county a notice of his appointment as such executor or administrator. Such notice in form shall be substantially as follows: Notice to creditors: Notice is hereby given that the undersigned has been duly appointed and qualified by the (giving the title of the court and the date of appointment), as executor or administrator, as the case may be, of the estate of , deceased. All creditors having claims against said estate are required to file the same with proper vouchers attached, with the clerk of the court, within three months after the first publication of this notice. Dated . Such notice shall be published at least once a week for four weeks. After the notice shall have been given as above required, a copy thereof, with the affidavit of publication and posting, shall be filed. In case an executor or administrator dies, resigns, or is removed after the expiration of the time for the publication of notice to creditors as provided in this section and in section 308 of this act, his successor need give no further notice to creditors.
At any time after the issuance of letters testamentary or of administration upon the estate of any decedent any person interested in said estate, or the property thereof, or the attorney for such person, may serve upon the executor or administrator (or upon the attorney for the executor or administrator), and file with the clerk of the court wherein administration of such estate is pending a written request stating that he desires special notice of any or all of the following-mentioned matters, steps or proceedings in the administration of said estate, to wit:
1. Filing of returns of sales, leases or mortgages of any property of the estate, and for confirmation thereof.
2. Filing of accounts.
3. Filing of petitions for any purpose.
Such request shall state the post-office address of such person or his attorney, and thereafter a brief notice of the filing of any such returns, petitions or accounts, shall be addressed to such person, or his attorney, at his stated post-office address, and deposited in the United States post office, with the postage thereon prepaid, within two days after the filing of such return, petition or account; or personal service of such notices may be made on such person or his attorney within said two days, and such personal service shall be equivalent to such deposit in the post office, and proof of mailing or of personal service must be filed with the clerk before the hearing of such petition, return or account. If, upon the hearing, it shall appear to the satisfaction of the court that the said notice has been regularly given, the court shall so find in its order or judgment and such judgment shall be final and conclusive upon all persons.
Sec. 3. Section 223 of the above-entitled act, being section 9882.223, 1929 N. C. L. 1941 Supp., is hereby amended so as to read as follows:
Section 223. The debts and charges of the estate shall be paid in the following order: First-Funeral expenses. Second-The expenses of the last sickness.
κ1951 Statutes of Nevada, Page 466 (CHAPTER 301, SB 14)κ
of the last sickness. Third-Family allowance. Fourth-Debts having preference by laws of the United States. Fifth-Wages to the extent of two hundred dollars, of each employee of the decedent, for work done or personal services rendered within ninety days prior to the death of the employer; if there is not sufficient money with which to pay all such labor claims in full, the money available must be distributed among the claimants in accordance with the amounts of their respective claims. Sixth-Judgments rendered against the deceased in his lifetime, and mortgages in order of their date. Seventh-All other demands against the estate.
Sec. 4. Section 309 of the above-entitled act, being section 9882.309 1929 N. C. L. 1941 Supp., is hereby repealed.
Sec. 5. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 6. This act shall become effective upon its passage and approval.
________
Assembly Bill No. 79Mr. Folsom
CHAPTER 302
AN ACT to amend an act entitled An act to regulate traffic on the highways of this state, to provide punishment for violations thereof, to make exceptions in certain cases. and other matters properly connected therewith, approved March 21, 1925, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 4350-4373, N. C. L. 1929, as amended, is further amended by adding thereto a new section, to follow immediately after section 21 thereof, to be numbered section 21 1/2, and to read as follows:
Section 21 1/2. (a) Police officers of incorporated cities and towns, sheriffs and their deputies, and other peace officers of the State of Nevada in pursuance of assigned duty, having reasonable cause to believe that any vehicle or combination of vehicles is not equipped as required by this act or is in such unsafe condition as to endanger the driver or other occupant or any person upon a public highway, may require the driver thereof to stop and submit such vehicle or combination of vehicles to an inspection of the mechanical condition or equipment thereof and such test with reference thereto as may be appropriate.
(b) In the event such vehicle or combination of vehicles is found to be in an unsafe mechanical condition or is not equipped as required by this act, the officer making the inspection may give such driver a notice of arrest and further require said driver or the owner of the vehicle to produce in court satisfactory evidence that such vehicle or its equipment has been made to conform with the requirements of this act.
κ1951 Statutes of Nevada, Page 467 (CHAPTER 302, AB 79)κ
this act. Every officer giving such directions or a notice of arrest as above provided shall mail a copy or otherwise give notice thereof to the owner and any legal owner of such vehicle if other than the driver.
(c) No person shall operate any vehicle or combination of vehicles after notice of such unsafe condition or that the vehicle is not equipped as required by this act, except as may be necessary to return such vehicle or combination of vehicles to the residence or place of business of the owner or driver or to a garage until said vehicle and its equipment has been made to conform with the requirements of this act.
(d) Whenever the driver of a vehicle is directed by a police officer, sheriff or his deputy, or other peace officer of the State of Nevada in pursuance of assigned duty, to stop and submit the mechanical condition of the vehicle or its equipment to an inspection or test under the conditions stated in this section, it shall be the duty of such driver to stop and submit to such inspection or test and a failure or refusal so to do is a misdemeanor.
Sec. 2. This act shall become effective upon its passage and approval.
________
Senate Bill No. 96Senator Lovelock
CHAPTER 303
AN ACT to amend an act entitled An act to provide revenue for the support of the government of the State of Nevada, providing penalties for the violation thereof, and to repeal certain acts relating thereto, approved March 23, 1891, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 of the above-entitled act, being section 6418, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 5. All property of every kind and nature whatsoever within this state shall be subject to taxation except:
First-All lands and other property owned by the state, or by the United States, not taxable because of the constitution or laws of the United States, or by any county, incorporated farm bureau, domestic, municipal corporation, irrigation, drainage, or reclamation district, town or village in this state, and all public schoolhouses, with lots appurtenant thereto, owned by any legally created school district within the state; also nonprofit private schools, with lots appurtenant thereto, and furniture and equipment; drainage ditches and canals, together with the lands which are included in the rights of way of such.
Second-Unpatented mines and mining claims; provided that nothing in this section shall be so construed as to exempt from taxation possessory claims to the public lands of the United States, or of this state, or improvements thereon, or the proceeds of the mines; and provided further, that nothing herein shall be so construed as to interfere with the primary title to the lands belonging to the United States.
κ1951 Statutes of Nevada, Page 468 (CHAPTER 303, SB 96)κ
provided further, that nothing herein shall be so construed as to interfere with the primary title to the lands belonging to the United States.
Third-Churches, chapels, other than marriage chapels, and other buildings used for religious worship, with their furniture and equipment, and the lots of ground on which they stand, used therewith and necessary thereto, owned by some recognized religious society or corporation, and parsonages so owned; provided, that when any such property is used exclusively or in part for any other than church purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed.
Fourth-The funds, furniture, paraphernalia, and regalia owned by any lodge of the order of Free and Accepted Masons, or the Independent Order of Odd Fellows, or of any similar charitable organization, or by any benevolent or charitable society so long as the same shall be used for the legitimate purposes of such lodge or society, or for such charitable or benevolent purposes; provided, that such exemption shall in no case exceed the sum of five thousand dollars to any one lodge, society, or organization.
Fifth-All cemeteries and graveyards set apart and used for and open to the public for the burial of the dead, when no charge is made for burial therein.
Sixth-The property of widows and orphan children, not to exceed the amount of one thousand dollars; the property including community property to the extent only of his or her right or interest therein of all totally blind persons, not to exceed the amount of three thousand dollars; provided, that no such exemption shall be allowed to anyone but actual bona fide residents of this state, and shall be allowed in but one county in this state to the same family, and the party or parties claiming such exemption shall make an affidavit before the county assessor of such residence, and that such exemption has been claimed in no other county in this state for that year.
Seventh-The real property owned and used exclusively by any post of any national organization of ex-service men or women for the legitimate purposes and customary objects of such posts; provided, that such exemption shall in no case exceed the sum of five thousand ($5,000) dollars to any one post or organization thereof. The property of any person who has served in the armed forces of the United States in time of war, the definition of service in time of war to be determined from the dates of beginning of wars as determined by act or resolution of congress, and upon severance of such service has received an honorable discharge or certificate of service from such armed forces, shall be exempt from taxation to the extent of one thousand ($1,000) dollars assessed valuation of such property; provided, however, that for the purpose of this section the first one thousand ($1,000) dollars assessed valuation of property in which such person has any interest shall be deemed the property of such person. Such exemptions shall be allowed only to claimants who shall make an affidavit annually, on or before the second Monday in July for the purpose of being exempt on the tax roll;
κ1951 Statutes of Nevada, Page 469 (CHAPTER 303, SB 96)κ
provided, however, that said affidavit be made at any time by a person claiming exemption from taxation on personal property. Said affidavit to be made before the county assessor to the effect that they are actual bona fide residents of the State of Nevada and have been an actual bona fide resident of the State of Nevada and established his residence for a period of more than six months immediately preceding the making of said affidavit, that such exemption is claimed in no other county within this state; provided, however, that persons in actual military service shall be exempt during the period of such service from filing annual affidavits of exemption, and the county assessors are directed to continue to grant exemption to such persons on the basis of the original affidavit filed; provided further, that in the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, such affidavit may be made in his or her behalf during the period of such service by any person having knowledge of the facts; and provided further, that the assessors of each of the several counties of this state shall require, before allowing any veterans exemption pursuant to the provisions of this act, proof of status of such veteran, and for that purpose shall require production of an honorable discharge or certificate of service or certified copy thereof, or such other proof of status as may be necessary, and any person who shall make a false affidavit or produce false proof to the assessor, and as a result of such false affidavit or false proof a tax exemption is allowed to a person not entitled to such exemption, such person shall be fined in any amount not exceeding one thousand ($1,000) dollars or sentenced to not more than one (1) year in the county jail or to both such fine and imprisonment.
Eighth-There shall also be exempt from taxation of all real property owned by any fraternity, or chapter thereof, when the same is composed of students of the University of Nevada and used as a home for its members; provided, that such exemption shall in no case exceed the sum of five thousand ($5,000) dollars to any one fraternity or chapter thereof.
Ninth-The buildings, with their furniture and equipments, and the lots of ground on which they stand, used therewith and necessary thereto of the Nevada Art Gallery, Inc., the Young Mens Christian Association, the Young Womens Christian Association, the American National Red Cross and any of its chapters in the State of Nevada, the Salvation Army Corps, Girl Scouts of America, and the Boy Scouts of America; provided, that when any such property is used for other than Nevada Art Gallery, Inc., Young Mens Christian Association, Young Womens Christian Association, American National Red Cross, or any of its chapters in the State of Nevada, Salvation Army Corps, Girl Scouts of America, or Boy Scouts of America purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed.
Tenth-All real and personal property of the Nevada Childrens Foundation, Inc., in the State of Nevada, shall be exempt from taxation; provided, that when and if such property is used for any purpose other than carrying out the legitimate functions of the Nevada Childrens Foundation, Inc.,
κ1951 Statutes of Nevada, Page 470 (CHAPTER 303, SB 96)κ
other than carrying out the legitimate functions of the Nevada Childrens Foundation, Inc., the same shall be taxed.
Eleventh-Notwithstanding any other provisions of this act or any section or subsection thereof, all claims for tax exemptions on real property shall be filed on or before the second Monday of July of the year for which the exemption is claimed.
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 effect immediately upon its passage and approval.
________
Senate Bill No. 182Committee on Finance
CHAPTER 304
AN ACT establishing a permanent commission for the revision, compilation, annotation, and publishing of the laws of the State of Nevada and certain laws of the United States; prescribing certain duties of a temporary nature; prescribing certain duties of a permanent nature; making an appropriation therefor, and other matters properly connected therewith.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby created a commission of the State of Nevada, to be known as the commission for revision and compilation of Nevada laws, hereinafter referred to as the commission. Such commission shall be composed of three members, and said members shall be the three justices of the supreme court. The members of such commission shall have the powers and duties prescribed by this act, and shall each receive such salary for their services as shall be prescribed by this act, and subsequent enactments.
Sec. 2. As soon as practicable after the effective date hereof the commission shall commence the preparation of a complete revision and compilation of the constitution and the laws of the State of Nevada of general application, together with brief annotations and marginal notes to sections thereof. Such compilation when completed shall be known as Revised Laws of Nevada, , and the year of first publication shall be filled in the blank space of such title, for brevity such title may be cited as Rev. Laws .
Sec. 3. In preparing such compilation the commission is hereby authorized to adopt such system of numbering as it deems practical, to cause said compilation to be published in such number of volumes, but such volumes shall not exceed 750 pages, as shall be deemed convenient, and to cause such volumes to be bound in loose-leaf binders of good, and so far as possible, permanent quality. The pages of such compilation shall conform in size and printing style to the pages of the Statutes of Nevada, except that if necessary for marginal notes, the same may be of greater width, and roman style type only, shall be used.
κ1951 Statutes of Nevada, Page 471 (CHAPTER 304, SB 182)κ
be used. In general, it is recommended, but not required, that such compilation should follow the plan of organization used in the compilation heretofore made and known as the Revised Laws of Nevada, 1912, as authorized by chapter CCXXXVI, Statutes of 1909.
Sec. 4. Upon completion of each portion of said Revised Laws, the commission is authorized and directed to have the same printed at the state printing office, and upon completion of the final printing the separate volumes shall be bound as heretofore required and forwarded to the secretary of state for safekeeping and disposition as set forth hereinafter. Sufficient copies of each page shall be printed so that there shall be bound 2,500 copies of each volume of said Revised Laws. A master copy of said Revised Laws of Nevada, , shall be kept in the office of the commission, and such master copy shall not be removed from said office except in the custody of a member of the commission.
Sec. 5. In complying with the provisions of this act, and within the limitation of available appropriations, the commission is authorized to employ such clerical assistance as it deems necessary, to be compensated at the same rate as other state employees of comparable position, and such assistants in drafting and research as may be necessary, and shall be familiar with methods of compilation and drafting of laws. The terms of the employment and compensation of such assistants shall be fixed by the commission.
Sec. 6. The commission shall reimburse the state printer from the appropriation hereby made for the cost of printing and binding required by this act.
Sec. 7. From and after the completion of Revised Laws of Nevada, , and the delivery of the same to the secretary of state, the said secretary of state shall forward one set of the same to the office of each elected or appointed state officer, and take the official receipt of said officer therefor, thirty sets shall be reserved at all times for the exclusive use of the legislature, one set shall be furnished to each county of the state for the use of the district judge and district attorney of that county, one set shall be furnished to each library in the state maintained by public funds, and such number of sets as may be necessary, not to exceed 50 sets, shall be made available to the state librarian for reciprocal trading with state libraries of sister states and federal territories. The remaining sets shall be sold by the secretary of state at a price of $10 per volume, and all proceeds of such sales shall be deposited in the general fund.
Sec. 8. The compilation herein authorized to be made, shall be accompanied by as complete an index as it shall be practical to prepare, which index shall be printed and bound in the same manner and style as the Revised Laws.
Sec. 9. The secretary of state shall make available to the commission all records of his office which are or may be of use to the commission, and any books or statutes in the custody of the said secretary shall likewise be made available to said commission.
Sec. 10. Upon request of the commission, the superintendent of buildings and grounds shall assign and make available to the commission suitable and convenient rooms or space for the use of the commission and its employees.
κ1951 Statutes of Nevada, Page 472 (CHAPTER 304, SB 182)κ
buildings and grounds shall assign and make available to the commission suitable and convenient rooms or space for the use of the commission and its employees.
Sec. 11. The commission is authorized to purchase or otherwise secure, necessary supplies and equipment.
Sec. 12. Upon the completion of Revised Laws of Nevada, , the commission is authorized and directed to prepare and have printed such replacement and supplementary pages for such laws, as may from time to time be necessary. In any event, said commission shall prepare the replacement and supplementary pages made necessary by the sessions of the legislature, as soon as possible after each such session. The intent of this section is that such Revised Laws shall be kept current insofar as may be possible. Distribution of the same is to be made as for the original volumes, and prices shall be set by the commission as near as possible to the cost of preparing and printing, provided, that where distribution of the original volumes was without charge, no charge shall be made for replacement.
Sec. 13. Upon completion, Revised Laws of Nevada, , may be cited as prima-facie evidence of the law in all of the courts of this state. Such evidence may be rebutted by proof that the same differ from the official Statutes of Nevada.
Sec. 14. The commission shall, from time to time, make recommendations for clarification of specific statutes, for elimination of obsolete statutes, and calling the attention of the legislature to conflicting statutes, and such other matter as it deems necessary.
Sec. 15. The members of the commission shall each receive a salary of one hundred twenty-five dollars ($125) per month, paid as are the salaries of other state officers, and out of the appropriation hereby made, for the period commencing on the effective date hereof, and expiring June 30, 1953.
Sec. 16. There is hereby appropriated from the general fund, for the purposes of this act, the sum of seventy-five thousand dollars ($75,000). Claims against this appropriation shall be allowed and paid in the same manner as are other claims against the state.
Sec. 17. This act shall be effective from and after May 1, 1951.
________
κ1951 Statutes of Nevada, Page 473κ
Assembly Bill No. 102Messrs. Byers and Francovich
CHAPTER 305
AN ACT to amend an act entitled An act relating to aeronautics; providing for acquisition, construction, maintenance, operation, and regulation by municipalities and counties of airports and air navigation facilities within or without the state, and declaring such to be a public purpose; authorizing eminent domain proceedings; providing tax exemptions for municipal airports and income thereof; authorizing leasing of airports, supplying of services in airport operation, and liens to secure payment thereof; granting extra territorial jurisdiction; authorizing penalties for violation of municipal ordinances and regulations; providing for appropriations, levying of taxes, issuance of bonds, and acceptance of federal and state aid; validating prior acquisitions, actions and bond issues; authorizing joint action by municipalities and other public agencies; providing for mutual aid between municipalities; and to make uniform the law with reference to public municipal airports, approved March 31, 1947.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 24 of the above-entitled act, being chapter 215, Statutes of Nevada 1947, page 713, and section 293.43, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 24. The acquisition of any land or interest therein pursuant to this act, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, protection, and policing of airports and air navigation facilities, including the acquisition or elimination of airport hazards, and the exercise of any other powers herein granted to municipalities and other public agencies, to be severally or jointly exercised, are hereby declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity; and in the case of any county, are declared to be county functions and purposes as well as public and governmental; and in the case of any municipality other than a county, are declared to be municipal functions and purposes as well as public and governmental. All land and other property and privileges acquired and used by or on behalf of any municipality or other public agency in the manner and for the purposes enumerated in this act shall and are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity, and, in the case of a county or municipality, for county or municipal purposes, respectively. No action or suit shall be brought or maintained against any county, municipality, or its officers, agents, servants or employees for damages arising from tort occurring in or about the construction, maintenance, operation, superintendence, or management of any county or municipal airport, at such times as such airport may be leased to, operated by, or otherwise under the control or management of any individual or private corporation operating or managing the same for private gain; provided, that nothing in this sentence shall relieve any county or municipality of liability for such damages if the airport is operated or managed by the county or municipality or their employees.
κ1951 Statutes of Nevada, Page 474 (CHAPTER 305, AB 102)κ
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall take effect immediately after its passage and approval.
________
Assembly Bill No. 263Mr. Folsom
CHAPTER 306
AN ACT to amend an act entitled An act relating to unemployment compensation, creating unemployment compensation and administration funds and providing for the administration thereof; making an appropriation therefor; defining unemployment and providing compensation therefor; requiring contributions by employers to the unemployment compensation fund; creating the office of director, a board of review, and providing for other officers and employees and defining their powers and duties; providing for the levy of assessment; and other matters relating thereto, approved March 23, 1937, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2.19 of the above-entitled act, being section 2.19 of section 2825.02, N. C. L. 1943-1949 Supp., is amended to read as follows:
Section 2.19. Employment, subject to the other provisions of the subsection, means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied.
(1) The term employment shall include an individuals entire service, performed within or both within and without this state if-
(a) The service is localized in this state; or
(b) The service is not localized in any state but some of the service is performed in this state and (i) the base of operations, or, if there is no base of operations, then the place from which such service is directed or controlled, is in this state; or (ii) the base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individuals residence is in this state.
(2) Services not covered under paragraph (1) of this subsection and performed entirely without this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or of the federal government, shall be deemed to be employment subject to this act if the individual performing such services is a resident of this state and the executive director approves the election of the employing unit for whom such services are performed that the entire service of such individual shall be deemed to be employment subject to this act.
(3) Service shall be deemed to be localized within a state if-
_________________________________________________________________
Attorney General Mathews by memorandum dated April 25, 1951, stated. The designation in section 1 of this chapter that section 2.19 of the act is amended is erroneous. The designation 2.19 is an obvious error, and it should read section 2.9.
κ1951 Statutes of Nevada, Page 475 (CHAPTER 306, AB 263)κ
(a) The service is performed entirely within such state; or
(b) The service is performed both within and without such state, but the service performed without such state is incidental to the individuals service within the state, for example, is temporary or transitory in nature or consists of isolated transactions.
(4) Services performed by an individual for wages shall be deemed to be employment subject to this act unless and until it is shown to the satisfaction of the executive director that-
(a) Such individual has been and will continue to be free from control or direction over the performance of such services, both under his contract of service and in fact; and
(b) Such service is either outside the usual course of the business for which such service is performed or that such service is performed outside of all the places of business of the enterprises for which such service is performed; and
(c) Such service is performed in the course of an independently established trade, occupation, profession or business in which the individual is customarily engaged, of the same nature as that involved in the contract of service.
(5) The term employment shall not include:
(a) Agricultural labor;
(b) Domestic service in a private home; provided, that when the federal social security act shall be so amended as to extend the coverage of unemployment compensation to persons engaged in agricultural labor or domestic service in private homes, then such service shall be included in the term employment for the purpose of this act to the extent authorized by such amendments;
(c) Service performed as an officer or member of the crew of a vessel on the navigable waters of the United States;
(d) Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of twenty-one in the employ of his father or mother;
(e) Service performed in the employ of any other state or its political subdivisions, or of the United States government, or of an instrumentality of any other state or states or their political subdivisions or of the United States; provided, that in the event that the congress of the United States shall permit the states to require any instrumentality of the United States to make payment into an unemployment fund under a state unemployment compensation act, and to comply with state regulations thereunder, then, to the extent permitted by congress, and from and after the date as of which such permission becomes effective, all of the provisions of this act shall be applicable to such instrumentality and to services performed for such instrumentality in the same manner, to the same extent, and on the same terms as to all other employers, employing units, individuals and services; provided further, that if this state should not be certified by the social security board under section 903 of the social security act for any year, then the payments required from such instrumentality and their workers with respect to such year shall be refunded by the executive director from the unemployment fund, without interest;
κ1951 Statutes of Nevada, Page 476 (CHAPTER 306, AB 263)κ
(f) Service performed in the employ of this state, or of any political subdivision thereof, or of any instrumentality of this state, or its political subdivisions, which is wholly owned by this state or one or more of its political subdivisions; and any service performed in the employ of any such instrumentality to the extent that the instrumentality is, with respect to such service, exempt under the constitution of the United States from the tax imposed by section 1600 of the United States internal revenue code; provided, that any department of this state, or any political subdivision thereof, or any of the aforesaid instrumentalities of this state or its political subdivisions, may, by action of the majority of the members of the governing body of such department, political subdivision or instrumentality, duly certified to the executive director, elect to become an employer as in this act provided, excluding from employment for such an employer the services performed by elected officials of such department, political subdivision or instrumentality;
(g) Service performed in the employ of a corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, hospital, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual; provided, that when the federal social security act shall be so amended as to extend the coverage of unemployment compensation to persons employed as in this subsection specified, then such service shall be included in the term employment for the purpose of this act to the extent authorized by such amendments;
(h) Service performed after June 30, 1939, in the employ of an employer as defined in the railroad unemployment insurance act (52 Stat. 1094); and service with respect to which unemployment compensation is payable under any other unemployment compensation system established by an act of congress; provided, that the executive director is hereby authorized and directed to enter into agreements with the proper agencies under such act or acts of congress, which agreement shall become effective ten days after publication thereof in the manner provided in section 4(b) of the employment security administration law for general rules, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this act, acquired rights to unemployment compensation under such act or acts of congress, or who have, after acquiring potential rights to unemployment compensation under such act or acts of congress, acquired rights to benefits under this act;
(i) Service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution.
(j) Service performed by lessees engaged in mining under lease agreements unless the individual lease agreement or the practice in actual operations under such agreement is such as would constitute the lessees employees of the lessor at common law.
κ1951 Statutes of Nevada, Page 477 (CHAPTER 306, AB 263)κ
(k) Service performed in the employ of a local chapter of a college fraternity or sorority.
6. If the services performed during one-half or more of any pay period by an individual for the employing unit constitute employment, all the services of such individual for such period shall be deemed to be employment; but if the services performed during more than one-half of any such period by an individual for the employing unit do not constitute employment, then none of the services of such individual for such period shall be deemed to be employment.
Sec. 2. It is the intent of this act that any and all moneys appearing to be due and owing from any hospital as above defined shall and will be cancelled as of the date of the passage and approval of this act, and the officers of said employment security department are authorized and directed to do all acts and things necessary to effectuate the intent of this section.
Sec. 3. This act shall become effective upon its passage and approval.
________
Assembly Bill No. 229Mr. Coulthard
CHAPTER 307
AN ACT to amend an act entitled, An act to create a water district in the Las Vegas valley, Clark County, Nevada; to provide for the procurement, storage, distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the ground-water resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto, approved March 27, 1947, as amended.
[Approved March 22, 1951]
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 8254.01, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 1. A water district may be created in the Las Vegas valley, and hereinafter provided for, for the following objects and purposes:
1. To have perpetual succession.
2. To sue and be sued in the name of said district in all actions and proceedings in all courts and tribunals of competent jurisdiction.
3. To adopt a seal and alter it at pleasure.
4. To take by grant, purchase, gift, devise, or lease, or otherwise, and to hold, use, enjoy, and to lease, or dispose of real or personal property of every kind within or without the district necessary or convenient to the full exercise of its power.
κ1951 Statutes of Nevada, Page 478 (CHAPTER 307, AB 229)κ
of every kind within or without the district necessary or convenient to the full exercise of its power.
5. To acquire, by purchase, lease, construction, or otherwise, or contract to acquire, lands, rights of way, easements, privileges, and property of every kind, whether real or personal, and to construct, maintain, and operate any and all works or improvements within or without the district necessary or proper to carry out any of the objects or purposes of this act, and to complete, extend, add to, repair, or otherwise improve any works or improvements or property acquired by it as authorized by this act.
6. To store water in surface or underground reservoirs within the district for the common benefit of the district; to conserve and reclaim water for present and future use within the district; to appropriate and acquire water and water rights, and import water into the district, and to conserve same within the district, for any useful purpose to the district; to commence, maintain, intervene in, and compromise in the name of the district, or otherwise, and to assume the costs and expenses of any action or proceeding involving or affecting the ownership or use of waters or water rights within the district used or useful for any purpose of the district or of common benefit to any land situated therein, or involving the wasteful use of water therein; to commence, maintain, intervene in, defend, and compromise, and to assume the cost and expenses of, any and all actions and proceedings now or hereafter begun; to prevent interference with or diminution of; to prevent contamination, pollution or otherwise rendering unfit for beneficial use of the surface or subsurface water used in said district, and to commence, maintain, and defend actions and proceedings to prevent any such interference with the aforesaid waters as may endanger or damage the inhabitants, lands or use of water in the district.
7. To have and exercise in the State of Nevada the right of eminent domain, either within or without said district, and in the manner provided by law for the condemnation of private property for public use, to take any property necessary to carry out any of the objects or purposes of this act, whether such property be already devoted to the same use by any district or other public corporation or agency or otherwise, and to condemn any existing works or improvements in said district now or hereafter used. The power of eminent domain vested in the board of directors of said district shall include the power to condemn, in the name of the district, either the fee simple or any lesser estate or interest in any real property which said board by resolution shall determine is necessary for carrying out the purposes of this act. Such resolution shall be prima-facie evidence that the taking of the fee simple or easement, as the case may be, is necessary.
8. To enter upon any land, to make surveys and locate the necessary works of improvement and the lines for channels, conduits, canals, pipelines, roadways, and other rights of way; to acquire by purchase, lease, contract, condemnation, gift, or other legal means, all lands and water and water rights and other property necessary or convenient for the construction, use, supply, maintenance, repair, and improvement of said works, including works constructed and being constructed by private owners, lands for reservoirs for storage of necessary water, and all necessary appurtenances, and also where necessary or convenient to said end, and for said purposes and uses, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions, or rights; to enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county, district of any kind, public or private corporation, association, firm or individual, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair, or operation of any rights, works, or other property of a kind which might be lawfully acquired or owned by said water district; to acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district; to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch, or conduit of the district; to enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or individual, or any number of them, for the transfer or delivery to any such district, corporation, association, firm, or individual of any water right or water pumped, stored, appropriated, or otherwise acquired or secured for the use of the said district, or for the purpose of exchanging the same for other water, water right, or water supply in exchange for water, water right, or water supply to be delivered to said district by the other party to said agreement; to cooperate with, and to act in conjunction with, the State of Nevada, or any of its engineers, officers, boards, commissions, departments, or agencies, or with the government of the United States, or any of its engineers, officers, boards, commissions, departments, or agencies, or with any public or private corporation, in the construction of any work for the importation and distribution of water of said district, or for the protection of life or property therein, or for the purpose of conserving said waters for beneficial use within said district, or in any other works, acts, or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.
κ1951 Statutes of Nevada, Page 479 (CHAPTER 307, AB 229)κ
private owners, lands for reservoirs for storage of necessary water, and all necessary appurtenances, and also where necessary or convenient to said end, and for said purposes and uses, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions, or rights; to enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county, district of any kind, public or private corporation, association, firm or individual, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair, or operation of any rights, works, or other property of a kind which might be lawfully acquired or owned by said water district; to acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district; to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch, or conduit of the district; to enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or individual, or any number of them, for the transfer or delivery to any such district, corporation, association, firm, or individual of any water right or water pumped, stored, appropriated, or otherwise acquired or secured for the use of the said district, or for the purpose of exchanging the same for other water, water right, or water supply in exchange for water, water right, or water supply to be delivered to said district by the other party to said agreement; to cooperate with, and to act in conjunction with, the State of Nevada, or any of its engineers, officers, boards, commissions, departments, or agencies, or with the government of the United States, or any of its engineers, officers, boards, commissions, departments, or agencies, or with any public or private corporation, in the construction of any work for the importation and distribution of water of said district, or for the protection of life or property therein, or for the purpose of conserving said waters for beneficial use within said district, or in any other works, acts, or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.
9. To carry on technical and other investigations of all kinds, make measurements, collect data, and make analyses, studies, and inspections pertaining to water supply, water rights, control of floods and use of water, both within and without said district, and for this purpose said district shall have the right of access through its authorized representative to all lands and premises within said district.
10. To incur indebtedness and to issue bonds in the manner herein provided.
11. To cause taxes to be levied and collected for the purpose of paying any obligation of the district during its organizational stage, including necessary engineering costs and further to assist in the operational expenses of said district until such taxes are no longer required therefor.
12. To supplement the ground-water resources of Las Vegas valley by the importation and use of the waters of Lake Mead, under the Nevada allocation, for industrial, irrigation, municipal, and domestic uses.
κ1951 Statutes of Nevada, Page 480 (CHAPTER 307, AB 229)κ
by the importation and use of the waters of Lake Mead, under the Nevada allocation, for industrial, irrigation, municipal, and domestic uses.
13. To make contracts, and to employ labor, and to do all acts necessary for the full exercise of all powers vested in said district, or any of the officers thereof, by this act.
14. To supply water under contract, agreement, or in other legal manner to the United States of America, or any department thereof, the State of Nevada, Clark County, and any city, town, corporation, individual, association, or partnership situated within Clark County, Nevada, for an appropriate charge, consideration, or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the district.
15. To have the right to provide from revenues or other available funds an adequate depreciation fund for the replacement of parts of the works and properties of the district.
Sec. 2. Section 16 of the above-entitled act, being section 8254.16, 1929 N. C. L. 1949 Supp., is hereby amended by dividing said section into sections 16, 16a, 16b, 16c, 16d, 16e, 16f, 16g, 16h, and 16i, said sections to read as follows:
Section 16. Whenever the district proposes to issue its negotiable bonds to obtain funds for the accomplishment of any of its corporate purposes, the board shall by resolution, determine the amount of money necessary to be raised to accomplish such purposes, and shall immediately thereafter submit its proposal for a bond issue of such amount at a special election of the district, called for that purpose, to the electors of the district possessing the qualifications prescribed by this act.
Section 16a. Notice of such election must be given by posting notices thereof in three public places in each election precinct in the district not less than fifteen (15) nor more than twenty (20) days before the date of election, and the publication thereof for three weeks in some newspaper published in Clark County. Such notice shall specify the time of holding the election, the amount of bonds proposed to be issued, the maximum interest rate and maximum maturity of such bonds, and shall state in substance the purpose for which the money so raised shall be used.
Section 16b. Said election must be held and the results thereof determined and declared in all respects in conformity with the provisions of this act governing the election of officers, and no informalities in conducting such an election shall invalidate the same if it shall have been otherwise fairly conducted. At such election the ballot shall contain the words ................ (question) yes, or ................ (question) no, or words equivalent thereto. If a majority of the votes cast are yes, the board of directors shall be authorized to incur the expense and indebtedness for the purpose stated in the proposal voted upon, and shall cause bonds to be issued in the amount authorized to be issued, as hereinafter provided. If a majority of the votes cast at such bond elections are no, the result of such election shall be so declared and entered on record.
κ1951 Statutes of Nevada, Page 481 (CHAPTER 307, AB 229)κ
and entered on record. Thereafter, whenever said bond in its judgment deems it for the best interest of the district that the question of the issuance of bonds in such amount, or in any other amount, shall be submitted to the electors it shall so declare on record in its minutes, and may thereupon submit such question to said electors in the same manner and with like effect as at such previous election, but no question shall be resubmitted to the electors within one year after the same has been voted upon and rejected.
Section 16c. If the bonds shall be authorized to be issued at such election, they shall be issued as the general obligations of the district, for the payment of which the full faith, credit and resources of the district are pledged, and it shall be the duty annually of the governing body to provide for the levy of taxes on all taxable property in the district (subject to pertinent existing constitutional restrictions) fully sufficient in conjunction with other available income and revenues of the district to assure the prompt payment of principal and interest as they fall due, and to establish such reserves for contingencies as may be provided in the resolution adopting the proposal to be submitted at any bond election. The governing body of the district shall in each year in due season prior to the time when county taxes are levied by the board of county commissioners determine the amount of taxes which are necessary to be levied on the taxable property in such district for such year, for the purpose of supplementing other revenues of the district available for the payment of principal and interest of any general obligation bond issues and prior to the date on which the board of county commissioners makes the county levy for such year the governing body of the district shall certify to the clerk of said board the amount necessary to be so raised by taxes levied against the taxable property in the district in such fiscal year. The board of county commissioners shall at the time of making the levy of county taxes for that year levy the tax so certified upon all taxable property in the district. Said tax when levied shall be entered upon the assessment rolls and collected in the same manner as state and county taxes and the proceeds thereof shall be paid to the treasurer of the district to be used for the purposes for which the tax was levied. All taxes levied as herein provided shall constitute a lien on the property charged therewith from the date of the date of the levy thereof by the county commissioners, or the entry thereof on the assessment roll of the county auditor, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes. No additional allowance, fee or compensation shall be paid to any officer for carrying out the provisions of this section. In the event that the total taxes requested to be levied in any one year by the district and the political subdivisions which overlap it should exceed fifty mills and reduction thereof shall become necessary by reason of the restriction contained in section 2 of article X of the constitution of Nevada, the board charged with the duty of making such reductions and allocations is hereby required to allocate to the district sufficient taxes to assure the payment to the district of money sufficient to make certain the prompt payment of principal of and interest on any bond of the district which may have been issued with the pledge of the full faith, credit and resources of the district, and where bonds have so issued, the district shall be regarded a political subdivision of the State of Nevada for the purposes of chapter 233, Statutes of Nevada 1947, and the provisions of said chapter shall be applicable to said district.
κ1951 Statutes of Nevada, Page 482 (CHAPTER 307, AB 229)κ
sufficient to make certain the prompt payment of principal of and interest on any bond of the district which may have been issued with the pledge of the full faith, credit and resources of the district, and where bonds have so issued, the district shall be regarded a political subdivision of the State of Nevada for the purposes of chapter 233, Statutes of Nevada 1947, and the provisions of said chapter shall be applicable to said district.
Section 16d. It is the intent of this act that, so far as possible, the principal of and interest on any bonds issued by the district be paid from revenues from the works and properties of the district. The board shall from time to time establish reasonable rates and charges for the products and services furnished by such works and properties, and no board or commission other than the governing body of the district shall have authority to fix or supervise the making of such rates and charges. Subject to the limitation that the rates and charges be reasonable, the board shall fix rates and charges which will produce sufficient revenues to pay the operating and maintenance expenses of such works and properties, the general expenses of the district, and the principal of and interest on all outstanding bonds of the district as the same fall due and any payments required to be made into any sinking fund for said bonds; provided, however, anything to the contrary in this act notwithstanding the district may, in any contract with the United States of America, the State of Nevada, or the Colorado river commission, agree to furnish water to any of the foregoing, or to purchasers, lessees, or others holding under any of the foregoing, at such rates, charges, or other consideration as may be specified in any such contract.
Section 16e. Such bonds shall be in coupon form, but may be made registerable as to principal if so provided in the resolution adopting the proposal to be submitted at any bond election. The bonds shall be in the denomination of $100 or a multiple thereof, shall bear interest at a coupon rate not exceeding six percent per annum, shall mature serially or otherwise in such manner as may be provided by the governing body, but not later than forty years from their date, shall be made payable at such place or places within or without the State of Nevada as may be provided by the governing body, and in the discretion of the governing body may be made redeemable at the option of the district prior to maturity at such premium or premiums not greater than one hundred five percent of the principal amount thereof as the governing body may determine. The bonds shall be signed by the president and attested by the secretary of the district under the official seal of the district in such manner as may be provided by resolution of the board. Interest coupons to be attached to the bonds may be executed with the facsimile signatures of such officers, and in the event any officer whose signature appears on such bond or coupons shall cease to be such officer before delivery of the bonds to the purchaser, such signature shall nevertheless be valid and sufficient for all purposes. The bonds shall be sold in such manner and at such times as the governing body may determine at public or private sale for such prices as the governing body shall approve, except that in no event shall the bonds be sold at a price which will result in an interest yield therefrom of more than six percent per annum computed to average maturity according to standard tables of bond values.
κ1951 Statutes of Nevada, Page 483 (CHAPTER 307, AB 229)κ
governing body shall approve, except that in no event shall the bonds be sold at a price which will result in an interest yield therefrom of more than six percent per annum computed to average maturity according to standard tables of bond values. The proceeds from the sale of the bonds shall be applied exclusively to the purposes stated in the notice of the election and to the payment of the incidental expenses in connection therewith, and expenses incurred in connection with the authorization and issuance of the bonds, including but without limitation, engineering and legal fees and expenses, fiscal agents fees and expenses, and the payment of interest on the bonds during the period of construction of any improvements for which the bonds were voted and for six months thereafter. The proceeds from the sale of the first bonds issued by the district may also be used to repay any amounts advanced to the district by Clark County, which have not been repaid at the time the bonds are issued. Pending the preparation or execution of definitive bonds, interim receipts or certificates or temporary bonds may be delivered to the purchaser of said bonds.
All bonds issued under the provisions of this act shall constitute negotiable instruments within the meaning of the negotiable instruments law as that law is now or may hereafter be in force in the State of Nevada.
Section 16f. In addition to the power to issue general obligation bonds of the district, as hereinbefore set forth, the district shall also have the power, under proceedings taken in accordance with this section, to issue bonds payable solely from, and secured by a pledge of, revenues derived from the operation of the works or properties constructed, acquired, extended or improved with the proceeds of such bonds, or any portion of such revenues; provided, however, that no bond of the district, whether a general obligation bond or a bond payable solely from revenues, shall have any priority with respect to payment of principal and interest out of revenues of the district over any other bond of the district theretofore or thereafter issued.
Section 16g. The board by resolution shall provide for the creation of a sinking fund into which shall be paid sums fully sufficient to pay principal of and interest on such bonds and to create such reserve for contingencies as may be provided in such resolution. Moneys in the sinking fund shall be applied to the payment of interest on and principal of the bonds or to the purchase or retirement of the bonds prior to maturity and in such manner as may be provided in said resolution. Such sinking fund and any reserve or contingency fund, or both, for which provision may be made by resolution may be kept on deposit in any bank or banks within or without the state which may be designated in such resolution.
Section 16h. The board may by resolution make such covenants with the future holder or holders of the bonds as to the management and operation of the works or properties, the imposition and collection of rates and charges for the products or services furnished thereby, the disposition of such rates and revenues, the issuance of future bonds and the creation of future liens and encumbrances against said works or properties and the revenues thereof, the carrying of insurance on the properties constituting such works, the disposition of the proceeds of any such insurance, and other pertinent matters as may be deemed necessary by the governing body to assure the marketability of such bonds; provided, such covenants are not inconsistent with the provisions of this act.
κ1951 Statutes of Nevada, Page 484 (CHAPTER 307, AB 229)κ
or properties and the revenues thereof, the carrying of insurance on the properties constituting such works, the disposition of the proceeds of any such insurance, and other pertinent matters as may be deemed necessary by the governing body to assure the marketability of such bonds; provided, such covenants are not inconsistent with the provisions of this act.
Section 16i. The board may submit to the electors of the district a proposal for the issuance of bonds of the district for the purpose of refunding any or all of the outstanding bonds of the district. Such refunding bonds may either be sold and the proceeds applied to the retirement of the outstanding bonds, or may be delivered in exchange for the outstanding bonds. The refunding bonds shall be authorized in all respects as original bonds are herein required to be authorized, and the governing body in adopting by resolution the proposal to be submitted at any bond election for the refunding bonds shall provide for the security of such bonds and the source from which such bonds are to be paid and for the rights of the holders thereof in all respects as herein authorized to be provided for other bonds issue under authority of this act. The governing body may also provide that the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the bonds refunded.
Sec. 3. Section 19 of the above-entitled act, being section 8254.19, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 19. This act shall in itself constitute complete authority for the doing of the things herein authorized to be done. The provisions of no other law, either general or local, except as provided in this act, shall apply to doing of the things herein authorized to be done, and no board, agency, bureau or official, other than the governing body of the district shall have any authority or jurisdiction over the doing of any of the acts herein authorized to be done nor shall any proceedings, nor publication, notice of election be required for the doing of such acts except as herein specifically required. There is hereby granted to said district the right to own and operate its water distribution system within the boundaries of any municipal corporation lying wholly or partly within the boundaries of the district, and no franchise tax shall be payable for such privilege, but it shall be the duty of the district to install and operate its properties and facilities within the boundaries of such municipal corporation in such manner as to cause a minimum of inconvenience, and it shall further be the duty of the district, where such facilities are installed in the public streets and alleys of any such municipal corporation, to restore the surface of such streets and alleys to as good condition as they were in prior to such installation. Since the water district, for the creation of which provision is herein made, is created for the purpose of supplying its inhabitants with water as a public and municipal function, all property of the district shall be exempt from taxes by the State of Nevada and the political subdivision thereof, and the bonds issued by the district and the income therefrom shall also be exempt from taxation in this state.
κ1951 Statutes of Nevada, Page 485 (CHAPTER 307, AB 229)κ
Said district and the Colorado river commission are hereby authorized to enter into such leases and agreements with each other for short or long terms as may be considered mutually desirable in order to carry out the purposes of this act, and any such agreement or agreements may specifically, but without limitation, grant to said district the right to take from the Colorado river all water not heretofore otherwise appropriated from which the State of Nevada may be entitled to purchase from the Colorado river commission all or any part of the water of the Colorado river which is under the jurisdiction of said commission and which has not heretofore been allocated to or appropriated by other users.
Sec. 4. This act shall become effective from and after its passage and approval.
________
Assembly Substitute for Assembly Bill No. 13Committee on Labor
CHAPTER 308
AN ACT to amend an act entitled An act creating an industrial insurance commission; providing for the creating and disbursement of funds for the compensation and care of workmen injured in the course of employment; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act, approved March 27, 1947, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 17 of the above-entitled act, being section 2680.17, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 17. (a) Volunteer firemen, while engaged in their duties as such, belonging to a regularly organized and recognized volunteer fire department, shall be deemed, for the purpose of this act, employees of the city or town so recognizing them at the wage of one hundred fifty dollars ($150) per month, and shall be entitled to the benefits of this act upon such city or town complying therewith.
(b) Members of junior traffic patrols are defined as minors attending school and selected or designated by school and/or city or town officials for regular duty on school days to patrol street crossings used by school children while going to or returning from school; and shall be deemed, for the purposes of this act, employees receiving a wage of one hundred dollars ($100) per month of the city, town, and/or school district in which their designated duty is performed; and, in the event of injury while performing their designated duty, shall be entitled to the benefits of this act.
κ1951 Statutes of Nevada, Page 486 (CHAPTER 308, AB 13)κ
Sec. 2. Section 19 of the above-entitled act, being section 2680.19, 1929 N. C. L. 1949 Supp., is amended to read as follows:
Section 19. (a) The terms injury and personal injury shall be construed to mean a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result, and resulting from external force, including injuries to artificial members. (b) Coronary thrombosis, coronary occlusion, and/or other ailment or disorder of the heart and any death or disability ensuing therefrom, shall not be deemed to be an injury by accident sustained arising out of and in the course of the employment, for the purposes of this act.
Sec. 3. Section 22 of the above-entitled act, being section 2680.22, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 22. Subcontractors and their employees shall, for the purposes of this act, be deemed to be employees of the principal contractor.
Sec. 4. Section 30 of the above-entitled act, being section 2680.30, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 30. Where an employer has in his service two (2) or more employees under a contract of hire, except as otherwise expressly provided in this act, the terms, conditions, and provisions of this act for the payment of premiums to the state insurance fund and, except as further otherwise provided, to the accident benefit fund, for the payment of compensation and the amount thereof for such injury sustained by an employee of such employer, shall be conclusive, compulsory, and obligatory upon both employer and employee.
Sec. 5. Section 33 of said act, being section 2680.33, N. C. L. 1943-1949 Supp., is hereby amended to read as follows:
Section 33. Any employer not otherwise coming within the provisions of this act as defined and provided by sections 28 and 30, who employs less than two (2) employees under a contract of hire, may elect to come within the terms, conditions, and provisions of this act by filing with the commission a written statement that he accepts the provisions of the act which, when filed, shall operate to subject him to the provisions of said act and of all acts amendatory thereof, until such employer shall thereafter file in the office of the commission a notice in writing that he withdraws his election; provided, however, that any employer, as in this section provided, having come under this act, who thereafter elects to reject the terms, conditions and provisions thereof, shall not be relieved from the payment of premiums to the commission prior to the time his notice of rejection becomes effective; and said premiums may be recovered in an action at law as hereinafter in this act provided.
Sec. 6. Section 59 of the above-entitled act, being section 2680.59, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 59. Every employee in the employ of an employer within the provisions of this act, who shall be injured by accident arising out of and in the course of employment, or his dependents as hereinafter defined, shall be entitled to receive the following compensation:
κ1951 Statutes of Nevada, Page 487 (CHAPTER 308, AB 13)κ
(a) If the injury causes death, the compensation shall be known as a death benefit, and shall be payable in the amount to and for the benefit of the following:
(1) Burial expenses, not to exceed three hundred fifty dollars ($350), in addition to the compensation payable under this act. When the remains of the deceased is to be transported to a mortuary or mortuaries, and the distance is over fifteen (15) miles, the charge of their transportation shall be borne by the Nevada industrial commission subject to their approval.
(2) To the widow, if there is no child fifty (50) per centum of the average wage of the deceased. This compensation shall be paid until her death or remarriage, with two years compensation in one sum upon remarriage.
(3) To the widower, if there is no child, forty (40) per centum of the average wage of the deceased, if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or remarriage, with two years compensation in one sum upon remarriage.
(4) To the widow or widower, if there is a child or children, the compensation payable under clause (1) or clause (2), and the additional amount of fifteen (15) per centum of such wage for each such child until the age of eighteen (18) years. In the case of the subsequent death of surviving wife (or dependent husband) any surviving child or children of the deceased employee shall have his or their compensation increased to the extent of the compensation theretofore paid to said surviving wife (or dependent husband) but not in excess thereof, and the same shall be payable until he shall reach the age of eighteen (18) years; provided, that the total amount payable shall in no case exceed eighty (80) percent of such wage. If the children have a guardian other than the surviving widow or widower, the compensation on account of such children may be paid to such guardian. The compensation payable on account of any child may cease when he dies, marries or reaches the age of eighteen (18) years, or if over eighteen years and incapable of self-support, becomes capable of self-support.
(5) If there be a surviving child or children of the deceased under the age of eighteen (18) years, but no surviving wife (or dependent husband), then for the support of each child until the age of eighteen (18) years, thirty (30) per centum of the wages of the deceased; provided, that the aggregate shall in no case exceed ninety (90) per centum of such wages.
(6) If there be no surviving wife (or dependent husband) or child under the age of eighteen (18) years, there shall be paid:
(i) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, thirty (30) per centum of the average monthly wage of the deceased during dependency;
(ii) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, fifty (50) per centum of the average monthly wage of the deceased during dependency;
κ1951 Statutes of Nevada, Page 488 (CHAPTER 308, AB 13)κ
per centum of the average monthly wage of the deceased during dependency;
(iii) To each brother or sister until the age of eighteen (18) years, if wholly dependent for support upon the deceased employee at the time of injury causing his death, thirty (30) per centum of the average monthly wage of the deceased during dependency; provided, however, that the aggregate compensation payable pursuant to (i), (ii) and (iii) herein shall in no case exceed eighty (80) per centum of the average monthly wage of the deceased during dependency.
(7) In all other cases, questions of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury. If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the employee to such partial dependents bears to the average wage of the deceased at the time of the injury resulting in his death. The duration of compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case such exceed compensation for one hundred (100) months.
(8) Compensation to the widow or widower shall be for the use and benefit of such widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.
If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only fifty percent (50%) of the amount or amounts above specified.
(9) Any excess of wages over one hundred fifty dollars ($150) a month shall not be taken into account in computing compensation for death benefits.
(10) In such cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump sum settlement shall be allowed.
(11) In case of the death of any dependent specified in the foregoing enumeration, before the expiration of the time named in the award, funeral expenses not to exceed three hundred fifty dollars ($350) shall be paid.
(b) Temporary Total Disability. During the period of temporary total disability, but in no event for more than one hundred (100) months, eighty (80) per centum of the average monthly wage or one of the following specific compensations, whichever is the lesser:
(i) If there be no one residing in the United States totally dependent upon the workman at the time of injury, $105 monthly;
(ii) If there be only one person residing in the United States totally dependent upon the workman at the time of injury, $120 monthly;
(iii) If there be only two persons residing in the United States totally dependent upon the workman at the time of injury, $140 monthly;
κ1951 Statutes of Nevada, Page 489 (CHAPTER 308, AB 13)κ
totally dependent upon the workman at the time of injury, $140 monthly;
(iv) If there be three or more persons residing in the United States totally dependent upon the workman at the time of injury, $150 monthly;
(c) Permanent Total Disability. In cases of total disability adjudged to be permanent, compensation of seventy percent (70%) of the average monthly wage, but not less than forty-five dollars ($45) per month, nor more than seventy-five dollars ($75) per month, during the life of the injured person; provided, in cases of permanent total disability, if the character of the injury is such as to render the workman so physically helpless as to require the services of a constant attendant, an additional allowance of forty-five dollars ($45) per month may be made so long as such requirements shall continue, but such increase shall not obtain or be operative while the workman is receiving hospital care under or pursuant to the provisions of section 58 of this act.
(d) All compensation payments after June 30, 1949, to permanently totally disabled persons, widow, and dependents, by reason of injuries or death arising out of and in the course of employment of employees under the provisions of this act, as amended, shall be paid currently in lump sums according to the rates provided by this act, as amended from time to time, whether the injury or death occurred before or after June 30, 1949, and the commission shall adjust current and lump-sum payments accordingly; provided, the rates of compensation shall not operate retroactively for any period before June 30, 1949, except in commutation of lump-sum payments.
Sec. 7. Section 64 of the above-entitled act, being section 2680.64, N. C. L., 1943-1949, Supp., is hereby amended to read as follows:
Section 64. The following schedule shall apply in rating permanent partial disabilities, not hereinabove included, and govern hernia cases.
Hand and Arm
1. Amputation at shoulder or between shoulder and elbow, major arm, sixty (60) months; minor arm, fifty (50) months.
2. Amputation at elbow, major arm, fifty-six and two-thirds (56 2/3) months; minor arm, forty six and two-thirds (46 2/3) months.
3. Amputation between elbow and wrist joint, major arm, fifty-three and one-third (53 1/3) months; minor arm, forty-three and one-third (43 1/3) months.
4. Amputation of hand at wrist, major hand, fifty (50) months; minor hand, forty (40) months.
Fingers
1. Loss one-half distal phalange of thumb, four (4) months.
2. Loss one-half distal phalange of index finger, two and one-half (2 1/2) months.
3. Loss one-half distal phalange of second finger, one and one-half (1 1/2) months.
κ1951 Statutes of Nevada, Page 490 (CHAPTER 308, AB 13)κ
Teeth
Loss of, or permanent damage to:
1. Incisors, $20.
2. Bicuspids, $30.
3. Molars, $40.
Hernia
Rule I. Real traumatic hernia is an injury to the abdominal (belly) wall of sufficient severity to puncture or tear asunder said wall, and permit the exposure or protruding of the abdominal viscera or some part thereof. Such an injury will be compensated as a temporary total disability, and as a partial permanent disability, depending upon the lessening of the injured individuals earning capacity.
Rule II. All other hernias, whenever occurring or discovered and whatsoever the cause, except as under rule I, are considered to be diseases causing incapacitating conditions, or permanent partial disability; but a temporary total or permanent, partial disability and the causes of such are considered to be as shown by medical facts-to have either existed from birth; to have been years in formation, or both, and are not compensatory except as provided under rules III and IV.
Rule III. In all cases coming under rule II, for which compensation and accident benefits are to be allowed, it must be proven:
First. That the immediate cause, which calls attention to the presence of the hernia, was a sudden effort or severe as strain or blow received while in the course of employment;
Second. That the descent of the hernia occurred immediately following the cause;
Third. That the cause was accompanied, or immediately followed, by severe pain in the hernia region;
Fourth. That the above facts were of such severity that the same were noticed by the claimant and communicated immediately to one or more persons.
Rule IV. Notwithstanding any provisions of this act to the contrary, compensation and accident benefits in all cases of hernia coming under rules II and III shall be allowable only under the following conditions:
1. The injured employee and his employer shall give notice of the injury to the commission in writing thirty (30) days after the immediate cause:
2. The injured employee undergoes an operation for the correction of his condition within one year after the hernia was first sustained:
3. Compensation will be allowed for temporary total disability only and limited to the actual time of disability or a period of two months, whichever is the lesser.
4. Accident benefits that may reasonably be required and rendered within one year after the hernia was first sustained will be allowed.
Sec. 8. Section 77 of the above-entitled act, being section 2680.77, N. C. L., 1943-1949, Supp., is hereby amended to read as follows:
Section 77. (a) Every employer within, and those electing to be governed by, the provisions of this act, with the exception of the state, counties, municipal corporations, cities, and school districts, shall, on or before the first day of July A.
κ1951 Statutes of Nevada, Page 491 (CHAPTER 308, AB 13)κ
governed by, the provisions of this act, with the exception of the state, counties, municipal corporations, cities, and school districts, shall, on or before the first day of July A. D. 1947, and thereafter, as required by the commission, pay to the commission, for a state insurance fund and, except as otherwise provided herein, for an accident benefit fund, premiums in such a percentage of his estimated total pay roll for the ensuing two months as shall be fixed by order of the commission; provided, however, that all premium rates now in effect shall be continued in full force and effect until changed, altered, or amended by order of the commission.
(b) Every employer within, and those electing to be governed by, the provisions of this act, who shall enter into business or resume operations subsequent to July 1, 1947, shall, before commencing or resuming operations, as the case may be, notify the commission of such fact, accompanying such notification with an estimate of his monthly pay roll and shall make payment of the premium on such pay roll for the first two months of operations.
(c) Every employer within, and those electing to be governed by, the provisions of this act, shall, on or before the twenty-fifth day of each month, furnish the commission with a true and accurate pay roll showing the aggregate number of shifts worked during the preceding month, the total amount paid to employees for services performed during said month, and a segregation of employment in accordance with the requirements of the commission, together with the premiums due thereon; provided, however, that any employer in agreement in writing with the commission may arrange for the payment of premiums in advance for a period of more than sixty (60) days. Failure on the part of any such employer to comply with the foregoing provisions shall operate as a rejection of this act, effective at the expiration of the period covered by his estimate; and further provided, that if an audit of the accounts or actual pay roll of such employer shows the actual premium earned to have exceeded the estimated advance premium paid, the commission may require the payment of a sum sufficient to cover such deficit, together with such amount as in its judgment would constitute an adequate advance premium for the period covered by the estimate. The commission shall diligently proceed, by use of registered mail and/or other suitable means, to notify any employer and/or his representative of any failure on his part to comply with the foregoing provisions; but, such notice or its omission shall in no way modify or waive the requirements or effective rejection of this act as otherwise provided herein.
(d) As soon as possible after the expiration of each quarter-year, beginning with September 30, 1947, it shall be the duty of the state controller, and the auditor of each county, and the clerk of each municipal corporation, city, and school district, to furnish the commission with a true and accurate pay roll of said state, county, municipal corporation, school district, or contractor, or subcontractor, under said state, county, municipal corporation, city or school district, showing the aggregate number of shifts worked during the preceding quarter, the total amount paid to employees for services performed during said quarter, and a segregation of employment in accordance with the requirements of the commission; and it shall be the duty of each of the said auditors and clerks to make up and submit to the respective governing boards of the state and each county, municipal corporation, city and school district, for approval, a claim for the amount of premiums due the commission, and the state controller, county auditor, city clerk or clerk of school districts may deduct and remit to the commission the amount of such premiums from any settlement with any contractor or subcontractor.
κ1951 Statutes of Nevada, Page 492 (CHAPTER 308, AB 13)κ
quarter, the total amount paid to employees for services performed during said quarter, and a segregation of employment in accordance with the requirements of the commission; and it shall be the duty of each of the said auditors and clerks to make up and submit to the respective governing boards of the state and each county, municipal corporation, city and school district, for approval, a claim for the amount of premiums due the commission, and the state controller, county auditor, city clerk or clerk of school districts may deduct and remit to the commission the amount of such premiums from any settlement with any contractor or subcontractor. Any official who fails or refuses to comply with the provisions of this section shall be guilty of a misdemeanor for each and every offense, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50), nor more than two hundred dollars ($200).
Sec. 9. Section 79 of the above-entitled act, being section 2680.79, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 79. The Nevada industrial commission shall lower the premium rate of or declare a rebate to any establishment or plant which has contributed to the state insurance fund for one year or more, if and as experience shall show it to maintain such a high standard of safety or accident prevention as to differentiate it from other like establishments or plants; provided, that the amount of such reduction of premium rate or rebate of premium contribution shall be in the discretion of the commission, but shall not exceed twenty percent (20%) where the accident experience of such establishment comprises less than twenty-four (24) consecutive months for thirty percent (30%) where the accident experience comprises more than twenty-four (24) consecutive months.
Sec. 10. Section 81 of the above-entitled act, being section 2680.81, N. C. L., 1943-1949, Supp., is hereby amended to read as follows:
Section 81. Any employer who shall misrepresent to the commission the amount of pay roll upon which the premium under this act is based shall be liable to the commission in ten times the amount of the difference in premium paid and the amount the employer should have paid. The liability of the commission shall be enforced in a civil action in the name of the commission. All sums connected under this section shall be paid into the state insurance fund and the accident benefit fund.
Sec. 11. Section 86 of the above-entitled act, being section 2680.86, N. C. L., 1943-1949 Supp., is hereby amended to read as follows:
Section 86. All disbursements from the state insurance fund shall be paid by the state treasurer upon warrants or vouchers of the commission authorized by the majority of the commission and signed by one member of the commission and countersigned by the auditor or other bonded employee of said commission. The auditor or such other employee of said commission so countersigning shall be required to furnish a good and sufficient bond in an amount determined by the commission, and which bond shall be approved by the governor and the attorney general.
κ1951 Statutes of Nevada, Page 493 (CHAPTER 308, AB 13)κ
the attorney general. The state treasurer shall be liable on his official bond for the faithful performance of his duty as custodian of the state insurance fund. The State of Nevada shall not be liable for the payment of any compensation or any salaries or expenses in the administration of this act, save except from the state insurance fund, but shall be responsible for the safety and preservation of the state insurance fund.
The commission may, by resolution approved by the governor, state treasurer, and the state controller, two of whom shall constitute a majority, in writing, designate a bank or banks as collection depositaries, and may deposit therewith, with or without interest, for collection, all premiums, contributions, penalties, properties, or securities paid to or collected or acquired by the commission, and such collection depositaries shall be required to furnish security for such deposits in the full amount thereof as hereinafter provided. All the proceeds of such collections, except as herein otherwise provided, shall be transferred from such depositaries to the state treasurer by the commission; provided, that the commission by resolution approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, in writing, may establish and maintain a petty cash or revolving fund to be retained in the possession of the commission. Such revolving fund shall never exceed five thousand dollars ($5,000), and shall be used for the payment of current administrative expenses, excluding compensation. The members of the commission shall be liable on their respective official bonds for the safety of such petty cash or revolving fund. It is further provided, that a sum of two hundred thousand dollars ($200,000) in the aggregate may be regularly maintained on deposit in all the collection depositary banks, and not subject to transfer to the state treasurer. Such fund kept currently on deposit shall be used for the transaction of the ordinary business and functions of the commission in administering the act. Such fund shall be, and be called, a trust fund, and shall not be removed or drawn upon except on checks or drafts of the commission authorized by a majority of the commission and signed by at least one member of the commission and countersigned by the auditor of the commission, or other bonded employee designated by the commission, and shall be made payable to the state treasurer of Nevada for the state insurance fund.
Sec. 12. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 13. This act shall become effective on July 1, 1951.
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κ1951 Statutes of Nevada, Page 494κ
Assembly Bill No. 233Mr. Hawes
CHAPTER 309
AN 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 the state fish and game commission, county game management boards, and certain other 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 regulation and licensing 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 establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and 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 22, 1947, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby added to the above-entitled act, a new section to be known as section 10a, to follow section 10, being section 3035.10, 1929 N. C. L. 1949 Supp., which shall read as follows:
Section 10a. In addition to the other powers and duties conferred and imposed upon it, by this act, the commission shall have the following powers and duties:
(1) To compile the seasons for hunting, fishing, and trapping and the limits for hunting and fishing as set by the several county game management boards and to publish them as official regulations in at least three newspapers in the state and by printed form bearing the imprint of the state fish and and game commission, after first examining such seasons and limits to determine that there exists a desirable degree of uniformity and a proper consideration of the biological balances necessary for good management, the populations existing, the available harvest, and the probable hunting and fishing pressure and making such changes as are necessary.
Sec. 2. There is added to the above-entitled act, a new section to be known as section 10b, which shall immediately follow section 10a, and shall read as follows:
Section 10b. The commission is authorized to determine methods of obtaining necessary data from hunters and fisherman relative to their activities and success. Such methods may include return of report forms attached to licenses and tags or questionnaires addressed to license holders. It shall be unlawful to fail to return any report form in the public schools of this state or questionnaires or to falsify any information requested. Failure to return such form or questionnaire or the submission of any false statement thereon shall be cause to deny the person the right to acquire any license provided under this act for a period of two years; provided, however, that any statement made on such report forms or questionnaire shall not be the basis for prosecution for any indicated violations of other sections of this act.
κ1951 Statutes of Nevada, Page 495 (CHAPTER 309, AB 233)κ
however, that any statement made on such report forms or questionnaire shall not be the basis for prosecution for any indicated violations of other sections of this act.
Sec. 3. There is hereby added to said act, a new section to be known as section 13a which shall immediately follow section 13, being section 3035.13, 1929 N. C. L. 1949 Supp., and shall read as follows:
Section 13a. In addition to the other powers and duties conferred and imposed upon it, by this act, each county game management board shall have the following powers and duties:
(1) To dispose of any property or equipment owned by the county for fish and game propagation or management and to place the proceeds arising therefrom in the county fish and game fund.
Sec. 4. Section 43 of the above-entitled act, being section 3035.43, 1929 N. C. L. 1949 Supp., is amended to read as follows:
Section 43. It shall be unlawful for any person at any time to receive, or have brought or shipped into the State of Nevada, or remove from one stream or body of water in this state to any other, or from one portion of the state to any other, any wild animals, wild birds, fish, or aquatic life, or the spawn, eggs, or young of any of them for the purpose of hatching, releasing, planting, stocking, or establishing them in the waters or lands of the state, except by the written consent and approval of the state fish and game commission, provided that the commission shall require an investigation by its personnel to determine if such introduction shall be detrimental. The commission is empowered to regulate or prohibit the use of live bait in fishing to the end that no undesirable species of fish intentionally or unintentionally may be introduced into the public waters of this state, and any person engaged in the sale, capture, transport, or propagation of fish or bait shall first obtain a permit from the commission, which shall be issued without charge and which may be revoked for any violation of regulations. The commission may prescribe the species of fish which may be taken, held, or sold by the permittee.
Sec. 5. Section 62 of the above-entitled act, being section 3035.62, 1929 N. C. L. 1949 Supp., is amended to read as follows:
Section 62. It shall be unlawful to hunt at any time during the year other than during such forty-five (45) day period, to be known as the open season, between September 1 and December 1 of each year, as may hereafter be designated for the respective counties by the fish and game commission, under the provisions of this act; provided, that during such open season of each year it shall be unlawful to kill, catch, trap, wound, or pursue with the intent to catch, trap, injure, or destroy more than one deer except under rules prescribed by the fish and game commission as hereinafter provided; provided further, that the county game management board of any county in the state, upon the application of any person, persons, organization, or governmental department may appoint a committee of one each, sportsmen, livestock, U. S. forest service, fish and wildlife service, and grazing service to consider the advisability of reducing the number of deer, elk, or bighorn sheep in any district or specified portion of such county; and whenever in the judgment of said committee big game have increased in numbers in any locality to such an extent that a surplus exists, or to such an extent that such animals are damaging public or private property, or are overgrazing their range, or whenever necessary for proper management, said committee shall make appropriate recommendations to the state fish and game commission as to the the area or areas being damaged, the extent of damage, and the number and kind of deer, elk, or bighorn sheep to be removed.
κ1951 Statutes of Nevada, Page 496 (CHAPTER 309, AB 233)κ
judgment of said committee big game have increased in numbers in any locality to such an extent that a surplus exists, or to such an extent that such animals are damaging public or private property, or are overgrazing their range, or whenever necessary for proper management, said committee shall make appropriate recommendations to the state fish and game commission as to the the area or areas being damaged, the extent of damage, and the number and kind of deer, elk, or bighorn sheep to be removed.
Upon recommendation of the committee, the commission may determine the area or areas within such county from which said deer, elk, or bighorn sheep that may be killed by each license holder, the special license fee to be paid, the hunting season, which may be separate from or concurrent with the regular open season, and prescribe such other rules and regulations as may be necessary properly to conduct the hunt. Notwithstanding anything in this act or other law to the contrary no person shall be excused from the payment of a fee for the special license required by this section on account of age or race; provided, that the county game management board may, as an alternative to the appointment of the above committee, request that the fish and game commission assign technicians to conduct an investigation and present recommendations which may be considered by the commission in the same manner as if the recommendation had come from the above committee; provided further, that the special license fee shall be fixed at not more than ten ($10) dollars for the hunting season to which it relates for residents nor more than twenty-five ($25) dollars for nonresidents.
Sec. 6. Section 86 of the above-entitled act, being section 3035.86, 1929 N. C. L. 1949 Supp., is amended to read as follows:
Section 86. In addition to the regular hunting licenses provided in this act, additional licenses, to be known as tags, shall be required to hunt any deer, elk, antelope, mountain sheep, or bear. Also, whenever it is determined by the commission that it is necessary for correct management, tags may be required to hunt any other species of game. Such tags shall be used as a method of enforcing a limit on the number of any species which may be taken by any one person in any one season or year and may be issued in such a manner that only a certain number may be used in any one district as designated by the commission. The commission shall designate the number of tags for any species which may be obtained by any one person and it shall be a violation of this act for any person to obtain tags for his use in excess of this number, or to use or possess tags issued to any other person, or to transfer or give tags issued to him to any other person.
Whenever tags are required for any species of game it shall be unlawful to have any of that species in possession without the tag attached thereto and such possession without attached tag shall be prima-facie evidence that the game is illegally taken and possessed. It shall be unlawful to remove any tag from any bird or animal for re-use or to be in possession of excess and/or used tags.
The commission shall designate the form of the tag, requiring such numbering or other manner of identification, as is necessary to designate the name or hunting license number of the person to whom issued, and may make any regulation necessary relative to the manner of using, attaching, filling out, punching, inspecting, validating, or reporting such tags and it shall be a violation of this act to fail to abide by any such regulation.
κ1951 Statutes of Nevada, Page 497 (CHAPTER 309, AB 233)κ
numbering or other manner of identification, as is necessary to designate the name or hunting license number of the person to whom issued, and may make any regulation necessary relative to the manner of using, attaching, filling out, punching, inspecting, validating, or reporting such tags and it shall be a violation of this act to fail to abide by any such regulation. Each tag shall show the game for which it may be used, the year, and, whenever necessary, the district or area in which it may be used.
Tags shall be issued only to holders of valid hunting licenses and whenever the possession of tags shall be a requisite to the hunting of any species then the acquisition of a hunting license shall be required regardless of age.
Tags for hunting deer in regular season (as apart from special seasons provided in section 62) shall be issued to residents of the State of Nevada and may be used in any area in the state during such regular season, and may not be limited in number or to any area, unless any district is designated a special season (under section 62) in which instance the number of tags to be used in that district may be limited by the commission.
Tags for hunting deer in regular season by nonresident or alien hunters may be limited to a certain number in any district, which district may include all of any county, any portion of any county or any continuous area in adjacent counties. Whenever a limit is placed upon the number of tags available to nonresident or alien hunters in any district the commission shall determine the manner in which such licenses shall be issued, whether by lot or by sale to first applicants, the manner of application, the manner of delivery of tags, and other necessary matters. Whenever applications, money, or tags and licenses are entrusted to the mails the commission shall not be responsible for loss or delay in the mails.
It shall be unlawful for any nonresident or alien hunter to obtain tags for more than one district in regular season or to use tags in any district or at any time other than at the time and place intended.
Sec. 7. Section 86 1/2 of the above-entitled act, being section 3035.86a, 1929 N. C. L. 1949 Supp., is amended to read as follows:
Section 86 1/2. The following fees shall be in effect: Resident deer tag for regular season two and one-half ($2.50) dollars; nonresident and alien deer tag for regular season twenty-five ($25) dollars; resident tags for special seasons not to exceed ten ($10) dollars; non-resident and alien tags for special season not to exceed twenty-five ($25) dollars. Tags for game birds or small game animals, for special seasons shall not exceed 25 cents per bird or animal, but not to exceed one ($1) dollar for the tags for one species in a year.
Sec. 8. This act shall be in full force and effect after its passage and approval.
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κ1951 Statutes of Nevada, Page 498κ
Assembly Bill No. 305Committee on Banks, Corporations, and Insurance
CHAPTER 310
AN ACT to amend an act entitled An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 60 of the above-entitled act, being section 3656.59, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 60. Fees and Charges. (1) The commissioner shall charge, collect and give proper acquittances for the payment, the following fees and charges:
(a) For filing each power of attorney, five ($5) dollars.
(b) For an annual license to each fire insurance company to transact business throughout this state, one hundred ($100) dollars.
(c) For an annual license to each life insurance company to transact business throughout this state, one hundred ($100) dollars.
(d) For annual license to each life and accident insurance company to transact business throughout this state, one hundred ($100) dollars.
(e) For an annual license to each casualty and surety company to transact business throughout this state, one hundred ($100) dollars.
(f) For an annual license to each underwriters agency, for each company represented in such agency, twenty-five ($25) dollars.
(g) For filing annual company statement, ten ($10) dollars.
(h) For issuing agents license, two ($2) dollars.
(i) For issuing solicitors license, two ($2) dollars.
(j) For issuing nonresident brokers license, one hundred ($100) dollars.
(k) For issuing any other certificate required or permissible under the law, one ($1) dollar.
(l) For issuing nonresident agent license, other than life, one hundred ($100) dollars.
(m) For issuing brokers license, twenty-five ($25) dollars.
(2) The possession of a license, under the provisions of this act, shall be authorization to transact such business as shall be indicated in such license and shall be in lieu of all licenses required to solicit insurance business within the State of Nevada.
κ1951 Statutes of Nevada, Page 499 (CHAPTER 310, AB 305)κ
shall be authorization to transact such business as shall be indicated in such license and shall be in lieu of all licenses required to solicit insurance business within the State of Nevada.
(3) The amount of the expense incurred in the examination of the conditions and affairs of any company shall be paid by the company. No such charge shall be made except for necessary traveling and hotel expense and compensation of examiner.
(4) At the time of any service of process on the commissioner, as attorney for such service, the commissioner shall charge and collect the sum of two ($2) dollars, which may be recovered as taxable costs by the party to the suit or action causing such service to be made if he prevails in such suit or action.
Sec. 2. Section 140 of the above-entitled act, being section 3656.140, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 140. Scope of Article. This article shall apply to all agents, nonresident agents, brokers, and nonresident brokers, as may be defined hereafter.
Sec. 3. Section 141 of the above-entitled act, being section 3656.141, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 141. Definitions. The term agent, as used in this article means any person, partnership, association or corporation who or which solicits, negotiates or effects in this state, on behalf of any company, contracts for insurance of any of the classifications listed in section 5 of article I. The term solicitor, as used in this article, means any person engaged in the solicitation of contracts of the kind or kinds hereinabove enumerated for any agent, broker, or nonresident broker.
The term nonresident agent, as used in this article means any agent as defined above, residing in the District of Columbia, or the territories, or any state in the United States other than Nevada.
The term broker as used in this article, means a person who, for compensation and on behalf of another person, transacts insurance with, but not on behalf of, any insurer.
The term nonresident broker, as used in this article, means any person, partnership, association or corporation, not a resident of or a domiciled company in this state, who or which for money, commission, brokerage or anything of value acts or aids in any manner any solicitation or negotiation, on behalf of the assured, of contracts of any of the kind or kinds enumerated in section 5.
Sec. 4. Section 143 of the above-entitled act, being section 3656.143, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 143. Agents Must Procure License-Expiration. (1) No person, partnership, association, or corporation shall act as an agent, nonresident agent, broker, solicitor, or nonresident broker without first procuring a license so to act from the commissioner.
(2) Every license issued to an agent, nonresident agent, broker, nonresident broker or solicitor shall expire on the first day of March of each year unless an application to qualify for the renewal of any such license shall be filed with the commissioner on or before such date, in which event the license sought to be renewed shall continue in full force and effect until renewed or renewal is refused by the commissioner.
κ1951 Statutes of Nevada, Page 500 (CHAPTER 310, AB 305)κ
force and effect until renewed or renewal is refused by the commissioner.
(3) An agent or nonresident agent shall be licensed for each company represented by him.
Sec. 5. Section 144 of the above-entitled act, being section 3656.144, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 144. Payment of Commissions. (1) A company may pay money or commission for or on account of the solicitation or negotiation in this state or elsewhere, of contracts of the kind or kinds enumerated in section 5 of article 1 of this act on property or risks in this state only to its agent, nonresident agent, broker, or nonresident broker, duly licensed under this act, but this shall not prohibit the payment of regular salaries to salaried employees or compensation to supervising general agents.
(2) An agent may pay money or commission for or on account of the solicitation or negotiation in this state of contracts of the kind or kinds enumerated in section 5 of article 1 of this act on property or risks in this state only to his duly licensed solicitor, a duly licensed broker, or nonresident broker or agent. A nonresident agent may pay money or commission for or on account of the solicitation or negotiation in this state of contracts of the kind or kinds enumerated in section 5 of article 1 of this act on property or risks in this state only to a duly licensed broker or nonresident broker or agent.
(3) If the commissioner shall be informed upon investigation, complaint or otherwise that any company, agent, nonresident agent, broker, solicitor, or nonresident broker has willfully violated the provisions of this section he shall notify such company, agent, nonresident agent, broker, solicitor, or nonresident broker of the specific charges and shall in such notice fix a date, not less than twenty (20) days after the date of mailing or delivery thereof, for a hearing before him or before an employee of the department specially designated for that purpose, whose report he may adopt. The commissioner, or the employee so specially designated, shall have the power to administer oaths. Evidence and testimony pertaining to such charges may be introduced at such hearing by the department, any complainant, and the licensee. If the commissioner finds that the charges so made are sustained by the evidence and testimony presented and introduced, he may suspend the license to transact business in this state for a period of time not to exceed six (6) months. This proceeding shall be in addition to and shall not supersede or preclude any proceeding taken in accordance with section 130 of this article. The hearing shall not be open to the public, but shall be limited to the parties interested and their witnesses.
Sec. 6. Section 146 of the above-entitled act, being section 3656.146, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 146. Agent, Nonresident Agent May Solicit for Authorized Companies Only-Exceptions. An agent or nonresident agent may solicit or negotiate contracts only for a company authorized to do business in this state.
κ1951 Statutes of Nevada, Page 501 (CHAPTER 310, AB 305)κ
business in this state. Insurance may be written with a solvent unauthorized company approved by the commissioner upon a showing by the agent or nonresident agent that he is unable to readily procure such insurance with an authorized company or insurance in excess of amounts that can be procured in authorized companies. All of such business written in an unauthorized company shall be reported to the department of insurance in this state immediately.
Sec. 7. There is hereby added a new section immediately following section 147A of the above-entitled act, to be known as section 147B, to read as follows:
Section 147B. Procedure for Issuing Nonresident Agents License. Upon the application of a nonresident who is duly licensed to transact insurance other than life under the laws of the District of Columbia, the territories or the laws of any other state wherein such applicant resides, if the District of Columbia, the territory or such state does not prohibit residents of this state from acting as a nonresident insurance agent therein, the commissioner may issue a nonresident agents license to act as a nonresident agent in this state when:
(1) The applicant has shown by statement from the proper official of his state of residence that he is authorized to do business as an insurance broker or agent in such state. The commissioner may in his discretion enter into a reciprocal arrangement with the official having jurisdiction of insurance business in the District of Columbia, the territories or in any other state to accept in lieu of examination of such applicant residing therein as hereinafter required, a certificate of such officer to the effect that the applicant is licensed as an insurance broker or agent in the District of Columbia, the territories or in such state and has complied with its qualifications and standards in respect to the following:
(a) Experience or training;
(b) Reasonable familiarity with the broad principals of insurance licensing and regulatory laws and with the provisions, terms and conditions of the class of insurance which the applicant proposes to transact;
(c) A fair and general understanding of the obligations and duties of an insurance broker or agent;
(2) The applicant has paid an annual license fee as provided for in section 60;
(3) The applicant shall have successfully passed an examination, except as hereinbefore provided, given by the insurance commissioner showing his fitness and qualifications to be a nonresident agent within the State of Nevada. Said examination as set forth above shall be given at six months intervals, the first examination so required to be given in the month of June 1951, and at six month intervals thereafter; except that at any time after receipt of such application the commissioner may, in his discretion, forward the examination paper or papers to the insurance supervisory authority of the state in which the applicant has his residence for the purpose of having such official administer the taking of the examination by such applicant in accordance with the instructions of the commissioner.
κ1951 Statutes of Nevada, Page 502 (CHAPTER 310, AB 305)κ
administer the taking of the examination by such applicant in accordance with the instructions of the commissioner. In such event, the examination paper or papers shall be returned to and be graded by the commissioner for the purpose of determining whether the applicant has passed.
(4) In case of applicants required to take an examination as in this section provided, the application shall be accompanied by an examination fee in the amount of ten dollars ($10), in addition to the license fee required under section 60. In the event an applicant fails to qualify for, or is refused, a license, the license fee shall be returned; the examination fee shall not be returned for any reason, but shall be deposited and handled in a like fashion as are the examination fees for agents generally.
Sec. 8. Section 148 of the above-entitled act, being section 3656.148, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 148. Provision for Issuing Temporary License. In the event of the death or the inability to further act of an insurance agent or nonresident agent holding a certificate of authority from any insurance company, or no other agent in the agency or nonresident agency, copartnership, association, and corporation is authorized to represent such insurance company, the commissioner may issue a temporary license to another person enabling such person to represent any such insurance company. Such temporary license shall continue only until the licensee can qualify under the provisions of section 147, but in no event to exceed a period of three months.
Sec. 9. Section 152 of the above-entitled act, being section 3656.152, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 152. Notice of Termination of Licenses. Whenever an agency contract is terminated or whenever the services of an agent or nonresident agent or solicitor are discontinued, the company or agent or nonresident agent or broker (as the case may be) terminating the agency or discontinuing its services shall immediately notify the commissioner of such termination and the reason therefor and he shall forthwith cancel the license affected thereby. No agreement between the company and the agent, nonresident agent, broker or solicitor shall affect the action of the commissioner in canceling the license when such cancellation is duly requested by the company.
Sec. 10. Section 153 of the above-entitled act, being section 3656.153, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 153. Nonresident Broker Placing Insurance. No broker or nonresident broker shall place insurance on any kind covering property or risks within this state except with a duly licensed resident agent or nonresident agent of a company authorized to transact business in this state.
Sec. 11. Section 154 of the above-entitled act, being section 3656.154, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 154. Countersignature of Policies. All policies of insurance for or on behalf of any insurance company doing the kind or kinds of business described in classes 2 and 3 of section 5, on any property or insurable business activities or interests located within or transacted within this state, shall be countersigned by an agent licensed under this act; provided, however, that this section shall not apply to insurance covering the rolling stock belonging to and used in the operation of railroad corporations or other common carriers or property in transit while in the possession or custody of railroad or other common carriers.
κ1951 Statutes of Nevada, Page 503 (CHAPTER 310, AB 305)κ
business described in classes 2 and 3 of section 5, on any property or insurable business activities or interests located within or transacted within this state, shall be countersigned by an agent licensed under this act; provided, however, that this section shall not apply to insurance covering the rolling stock belonging to and used in the operation of railroad corporations or other common carriers or property in transit while in the possession or custody of railroad or other common carriers. Nothing herein contained shall be construed as preventing the free and unlimited right to negotiate contracts of insurance by licensed nonresident agents or brokers outside this state, provided the policies, endorsements or evidence of such contracts covering properties or insurable interests in this state are countersigned by a resident agent of this state. Where a contract of insurance covering property or risks or insurable interests within this state is negotiated by a licensed nonresident agent or broker outside of this state every such policy of insurance or bond shall be countersigned by a resident agent who is compensated on a commission basis and shall not be countersigned by a salaried company employee; unless such employee be a regular salaried employee of a mutual company and a licensed resident agent; provided, however, that in any case where it is necessary to execute an emergency bond, or a commissioned agent is not present who is authorized to execute such bond, a company manager or other employee having authority under a power of attorney may execute the bond in order to produce a valid contract between the company and the obligee, but such bond shall be subsequently countersigned by a resident commissioned agent who shall make and retain an office record showing sufficient information regarding the transaction as to indicate the essential information to preserve a record. On such business produced by a licensed nonresident agent or broker and which requires the countersignature of a resident commissioned agent of this state there shall be a division of the usual customary commission between the licensed nonresident producing agent or broker and the resident countersigning commissioned agent which shall produce for the latter a commission of at least five (5%) percent of the premium; provided, however, that for countersigning such casualty insurance policies and fidelity or surety bonds the resident commissioned agent shall not be paid more than fifty ($50) dollars nor less than one ($1) dollar for countersigning any such policy or bond; and provided further, that where the licensed nonresident agent or broker or the insurer assuming the risk desires the resident commissioned agent to render additional services during the life of a policy then in such cases the compensation to be paid to such countersigning commissioned resident agent shall be a matter of contract between the parties in interest.
Sec. 12. This act shall be in full force and effect from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 504κ
Assembly Bill No. 312Committee on Banks, Corporations, and Insurance
CHAPTER 311
AN ACT to amend an act entitled An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties and limitations; providing for fees costs and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 147 of the above-entitled act, being section 3656.147, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 147. Procedure for Issuance of Agents License. The commissioner shall issue an agents license to an applicant when he has satisfied himself upon evidence presented and recorded as to the integrity of the applicant and that said applicant has qualified in the following respects to hold a a license:
(a) That the applicant has been a bona fide resident of the State of Nevada for three (3) months immediately prior to the filing of the application; provided, that any nonresident applicant who is otherwise qualified under, may obtain a nonresident agents license upon payment of the fee specified in section 60 of this act.
(b) That the application provided for by section 145 has been filed with and approved by the commissioner.
(c) When a qualified company has filed with the commissioner a requisition, the form of which will be prescribed by the commissioner, for such license.
(d) That the company has paid for each applicant the fee provided for in section 60.
(e) Each applicant for a license to act as an agent for life, accident, and health insurance, being the type of insurance enumerated in class 1 of section 5 of this act and as hereinafter defined; for casualty, fidelity, and surety insurance, being the type of insurance enumerated in class 2, section 5 of this act and as hereinafter defined; for fire, marine and other kinds of insurance, being the type of insurance enumerated in class 3, section 5 of this act, and as hereinafter defined, within this state, shall submit to a personal written examination to determine his competence with respect to the class of business for which the license is sought, and his familiarity with the pertinent provisions of the laws of this state, and shall pass the same to the satisfaction of the commissioner; except that no written examination shall be required of:
κ1951 Statutes of Nevada, Page 505 (CHAPTER 311, AB 312)κ
determine his competence with respect to the class of business for which the license is sought, and his familiarity with the pertinent provisions of the laws of this state, and shall pass the same to the satisfaction of the commissioner; except that no written examination shall be required of:
(1) An applicant for a renewal license, or any individual who is now licensed as an insurance agent;
(2) An applicant who is a ticket-selling agent or other representative of a public carrier and who shall act under a restricted license only as an agent with respect to accident insurance tickets covering risks of travel;
(3) In the discretion of the commissioner, an applicant whose license to do business or act as a life insurance agent in this state was suspended less than one (1) year prior to the date of application.
(f) The commissioner may establish rules and regulations with respect to the scope, type, and conduct of such written examinations and the times and places within this state when they shall be held; provided, that applicants shall be permitted to take such examinations at least once in each month at the principal office of the commissioner.
(g) No person who shall have taken and failed to pass two examinations given pursuant to this section shall be entitled to take any further examination until after the expiration of six (6) months from the date of the last examination in which he failed. If such person shall thereafter fail to pass two more such examinations, he shall not be eligible to take any further examination until the expiration of one (1) year from the date of his last unsuccessful examination. An examination fee shall be paid for each and every examination.
(h) Any person, partnership, association, or corporation may be licensed as an insurance agent upon compliance with the requirements of law; provided, however, that any articles of partnership, association, or incorporation shall authorize the applicant specifically to engage in such business. The application for a license by, and the license issued to, a partnership, association, or corporation shall name all members of such group, the persons, officers, directors, or stockholders thereof who are authorized to act as agent or agents thereunder, and no such license shall be issued unless and until the persons named in the application as being so authorized have qualified for individual licenses as hereinbefore provided.
(i) In case of applicants required to take an examination, as in this section provided, the application shall be accompanied by an examination fee in the amount of ten ($10) dollars, in addition to the license fee required under section 60. In the event an applicant fails to qualify for, or is refused, a license, the license fee shall be returned; the examination fee shall not be returned for any reason.
(j) The insurance commissioner may issue a temporary license or a certificate of convenience to any applicant for an insurance license, which temporary license shall be for a period not to exceed forty-five (45) days and shall not be renewable. The insurance commissioner shall have prepared for the use of any applicant, a complete and comprehensive booklet containing the information on which the written examination will be based, so that the applicant can study the insurance business in preparation for the examination provided above.
κ1951 Statutes of Nevada, Page 506 (CHAPTER 311, AB 312)κ
shall have prepared for the use of any applicant, a complete and comprehensive booklet containing the information on which the written examination will be based, so that the applicant can study the insurance business in preparation for the examination provided above.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 183Mr. Ramsey
CHAPTER 312
AN ACT to amend an act entitled 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, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being section 8449, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 4. Until the end of the existing term for which the respective judges of the district court 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 judge of the fifth judicial district shall receive a salary of seven thousand two hundred ($7,200) dollars per year, and the judges of the eighth judicial district shall receive a salary of ten thousand dollars ($10,000) per year and the judge of the third judicial district shall receive a salary of seven thousand two hundred ($7,200) dollars per year, and the judges of the first, fourth, and seventh judicial districts shall receive a salary of nine thousand ($9,000) dollars per year, and the judge of the sixth judicial district shall receive a salary of seven thousand nine hundred twenty ($7,920) dollars per year. All of said salaries shall be paid in 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.
κ1951 Statutes of Nevada, Page 507 (CHAPTER 312, AB 183)κ
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.
________
Assembly Bill No. 192Committee on Fish and Game
CHAPTER 313
AN 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 the state fish and game commission, county game management boards, and certain other 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 regulation and licensing 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 establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and 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 22, 1947, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 49 of the above-entitled act, being chapter 101, Statutes of 1947, page 365, is hereby amended to read as follows:
Section 49. The state fish and game commission shall prepare the licenses for hunting, fishing, and trapping and shall deliver such licenses to agents designated by the commission for sale to the public. Such licenses, granting the privilege to hunt, fish, or trap during the open season as provided in this act, shall be of such form as is deemed necessary by the commission but must include the following information:
The holders name, address and description; the date issued; the expiration date thereof, which shall be December 31 of the year in which issued; the correct designation as to whether a fishing, hunting or trapping license; and a statement to be signed by the holder, I, the holder of this license, hereby state that I am entitled to this license under the laws of the State of Nevada and that no false statement has been made by me to obtain this license and that I further agree to abide by the laws made and provided for the protection of fish and game within the State of Nevada.
Agents designated by the fish and game commission shall be responsible for the correct issuance of all licenses entrusted to him, and so far as he is able to determine that no licenses shall be issued upon the false statement of an applicant.
κ1951 Statutes of Nevada, Page 508 (CHAPTER 313, AB 192)κ
far as he is able to determine that no licenses shall be issued upon the false statement of an applicant. He is responsible to the commission for the collection of the correct and required fee, for the safeguarding of the moneys collected by him, and for the prompt remission to the commission for deposit in the state treasury of all moneys collected. Agents shall be required to furnish bond to the commission for the proper performance of their duties in such amounts as may be determined by the commission. Premiums for such bond shall be paid from the state fish and game fund. All moneys collected by the agent shall be deemed to be public moneys of the State of Nevada and shall not be commingled with personal, private or business funds but shall at all times be maintained distinct and separate from any such funds, and the state shall have a prior claim upon these moneys over all creditors, assignees, or other claimants. Commingling of these funds with private or business assets or the use of these funds for private or business transactions shall be deemed to be a misuse of public funds, and punishable under the laws provided. The commission shall provide rules and regulations regarding the number of license agents to be designated in any locality, the standards to be met by license agents, the manner of remitting funds to the commission, the manner of accounting for licenses received, issued, sold, or returned. At the time that agents forward moneys collected to the commission they may retain the amount set by the commission for the sale of such licenses which amount shall not exceed 5 percent of the funds collected nor more than 25 cents per license in any instance. The commission shall furnish to the license agent receipts for licenses or moneys returned to them and shall require of the license agent that he deliver the commission receipt for any license received; provided, however, the said commission may appoint the county clerk of each of the several counties as the licensing agent of the state fish and game commission for said county, who, notwithstanding any other provision of law, shall be entitled personally to the same fees and commissions as any other agent appointed by the commission.
Sec. 2. This act shall be in full force and effect from and after January 1, 1952.
________
κ1951 Statutes of Nevada, Page 509κ
Assembly Bill No. 127Committee on Ways and Means
CHAPTER 314
AN ACT to amend and act entitled, An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941, as amended.
[Approved March 22, 1951]
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, being section 3656.02, Nevada Compiled Laws, 1931-1941 Supplement, is hereby amended to read as follows:
Section 3. General Definitions. In this act, unless the context otherwise requires:
(a) Commissioner, means the commissioner of insurance.
(b) Department, means the department of insurance.
(c) State or state of the United States, includes the District of Columbia and a territory or possession of the United States.
(d) Country or foreign country, includes a state, province, or political subdivision thereof.
(e) Company, means an insurance or surety company and shall be deemed to include a corporation, company, partnership, association, society, order, individual, or aggregation of individuals engaging in or proposing or attempting to engage in any kind of insurance or surety business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships, and corporations.
(f) Domestic company, means a company incorporated or organized under the laws of this state.
(g) Foreign company, means a company incorporated or organized under the laws of any state of the United States other than this state.
(h) Alien company, means a company incorporated or organized under the laws of any country other than the United States.
(i) Signature or subscription, includes mark when the signer or subscriber cannot write, such signers or subscribers name being written near the mark by a witness who writes his own name near the signers or subscribers name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two (2) witnesses so sign their own names thereto.
κ1951 Statutes of Nevada, Page 510 (CHAPTER 314, AB 127)κ
can be acknowledged or can serve as a signature or subscription to a sworn statement only when two (2) witnesses so sign their own names thereto.
(j) Transact, as applied to insurance includes any of the following: Solicitation; negotiations preliminary to execution; execution of a contract of insurance; and transaction of matters subsequent to execution of the contract and arising out of it.
(k) Insurance contract, has the meaning assigned to it by section 11, article 2.
(l) Doing an insurance business, has the meaning assigned to it by section 11, article 2.
Sec. 2. Section 59 of the above-entitled act, being section 3656.58, Nevada Compiled Laws, 1931-1941 Supplement, is hereby amended to read as follows:
Section 59. Insurance Companies to Pay State Tax. Every insurance company or association of whatever description, except fraternal or labor insurance companies, or societies operating through the means of a lodge system, or systems, doing an insurance business in this state, shall annually pay to the commissioner of insurance of the State of Nevada, a tax of two (2%) percent upon the total premium income from all classes of business covering property or risks located in this state during the next preceding calendar year, less return premiums and premiums received for reinsurance on such property or risks; provided, that the amounts of annual licenses paid by such companies or associations upon each class of business licensed annually shall be deducted from such tax on premiums if such tax exceeds in amount the licenses so paid.
Sec. 3. Section 129 of the above-entitled act, being section 3656.129, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 129. Creation of Department. There is hereby created the department of insurance of the State of Nevada, in which shall be vested the administration of the provisions of this act. The department shall be deemed and considered as in continuation of and successor to the insurance department now existing under the supervision of the state controller as ex officio insurance commissioner. All personnel, office space, records, papers, files, registers, property, and equipment of whatsoever description, heretofore made available or belonging to, or utilized by the insurance department now existing, shall be transferred to the department of insurance herein created.
Sec. 4. The above-entitled act is hereby amended by adding six new sections thereto immediately after section 129, to read as follows:
Section 129a. Creation of Position of Insurance Commissioner. There is hereby created the position of commissioner of insurance, who shall be the chief officer and executive director of the department of insurance. He shall be responsible for the management of the department, and shall administer all its activities.
Section 129b. Appointment, Salary and Expenses. The commissioner of insurance shall be appointed by and responsible to the governor.
κ1951 Statutes of Nevada, Page 511 (CHAPTER 314, AB 127)κ
governor. He shall be appointed on the basis of merit under the provisions of the state merit and personnel system if and when such system is established, and shall be in the classified service. He shall receive an annual salary which shall be fixed in accordance with the pay plan adopted by the state merit and personnel system; provided, however, that until such system is established, such annual salary shall be six thousand dollars ($6,000). He shall receive the per diem expense allowance and travel expenses as fixed by law.
Section 129c. Qualifications. The commissioner shall have at least five years of responsible experience as an executive officer of an insurance company or as an administrative officer of a state insurance department, or at least five years of continuous active participation, immediately preceding his appointment, in at least one of the classes of insurance mentioned in section 5 hereof, as a licensed agent in this state. He shall not be a stockholder in or directly or indirectly connected with the management or affairs of any insurance company, or insurance brokerage or agency.
Section 129d. Staff and Operations. The commissioner shall have such technical and clerical assistance as the execution of his duties requires. He may designate an employee of the department as his deputy. In case of the absence of the commissioner or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his deputy. The department shall be furnished with suitable office space for the performance of the duties provided in this act. Funds to carry out the provisions of this act shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the commissioner before they are paid.
Except as in this act otherwise specifically provided, the attorney general shall act as legal counsel to the department of insurance in all matters pertaining to the administration and enforcement of this act, and the prosecution of civil or criminal actions instituted in the name of the state hereunder.
Section 129e. Bond. Before entering upon the duties of his office, the commissioner shall execute and deliver a surety bond, in such form as may be prescribed by law, payable to the State of Nevada, in the sum of fifty thousand dollars ($50,000), conditioned for the faithful performance of all duties which may be required of him by law. Surety bonds may be executed for such other department employees and in such amounts as may be prescribed by the commissioner.
Section 129f. Powers and Duties. The insurance commissioner, as executive director of the department, shall direct and supervise all its administrative and technical activities. He shall have the rights, powers, and duties appertaining to the enforcement and execution of all the insurance laws of this state. In addition to the other duties imposed upon him by law, the powers and duties of the commissioner shall be:
(1) To make reasonable rules and regulations as may be necessary for making effective such insurance laws; provided, however, nothing in this act shall be deemed to empower the insurance commissioner, by any rule or regulation, or by an administrative act, to differentiate between persons entitled to act as insurance agents in the State of Nevada on the basis that said persons are engaged in other businesses to which their insurance agency is incidental or supplemental.
κ1951 Statutes of Nevada, Page 512 (CHAPTER 314, AB 127)κ
for making effective such insurance laws; provided, however, nothing in this act shall be deemed to empower the insurance commissioner, by any rule or regulation, or by an administrative act, to differentiate between persons entitled to act as insurance agents in the State of Nevada on the basis that said persons are engaged in other businesses to which their insurance agency is incidental or supplemental.
(2) To conduct such investigations as may be necessary to determine whether any person or company has violated any provision of such insurance laws.
(3) To conduct such examinations, investigations, and hearings in addition to those specifically provided for by law, as may be necessary and proper for the efficient administration of the insurance laws of this state.
(4) To establish, consolidate, and abolish divisions within the department and to organize the department as may be required for the proper administration of the insurance laws.
(5) To devise a departmental seal, which seal shall become the official seal of the department of insurance.
Sec. 5. Section 138 of the above-entitled act, being section 3656.138, Nevada Compiled Laws, 1931-1941 Supplement, is hereby amended to read as follows:
Section 138. General Insurance Fund. The state insurance commissioner is hereby empowered to direct all insurance transactions between the state and the insurance companies, and all the money collected for licenses, penalties, or other money paid by the insurance companies or solicitors to the state to enable them to transact business in the state shall be paid into the general fund of the state treasury.
Sec. 6. To carry out the provisions of this act there is hereby appropriated from the general fund for the biennium ending June 30, 1953, the sum of forty-three thousand three hundred and fifty dollars ($43,350), to be paid out on claims as other claims against the state are paid, and allocated as follows:
Salaries........................................................................ $33,600
Operating expense................................................... 7,750
Equipment................................................................. 2,000
_______
Total........................................................................... $43,350
Sec. 7. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 8. To carry out the provisions of this act for the period April 1, 1951, to June 30, 1951, there is hereby appropriated from the general fund the sum of five thousand eight hundred forty dollars ($5,840).
Sec. 9. This act shall be in full force and effect from and after April 1, 1951.
________
κ1951 Statutes of Nevada, Page 513κ
Assembly Bill No. 241Committee on Social Welfare
CHAPTER 315
AN ACT to amend an act entitled An act relating to and providing for the general welfare of the State of Nevada and of the people thereof by providing for compulsory old-age assistance to needy aged persons in this state, as defined and provided for in this act; defining certain terms; designating the single state agency of this state to supervise the administration thereof, and defining the authority and duties thereof; providing for cooperation with the government of the United States in furnishing such pensions or assistance pursuant to the provisions of the so-called social security act of congress, approved August 14, 1935; designating the boards, and other agencies, authorized to administer and supervise the administration of such assistance and defining the authority and duties thereof; defining the minimum amount of such need and assistance to each such needy aged person and the qualifications for eligibility therefor; authorizing the making and promulgation of rules and regulations relating to the administration of this act; providing for the establishment of certain state and county funds and regulating the expenditures therefrom; providing penalties for the violation of the provisions of this act; repealing a certain act and all other acts and parts of acts of this state in conflict herewith; and other matters relating thereto, enacted November 7, 1944, as amended.
[Approved March 22, 1951]
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 5158, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 1. The following words shall have the following meaning within the purview of this act, and shall be so construed:
State department means the state welfare department.
State board means the state welfare board.
Director means the director of the state welfare department.
County board means the board of county commissioners of a county.
Social security act means the act of congress approved August 14, 1935, and compiled as United States code, title 42, section 301, and certain sections following that section, as amended.
Applicant means any person who has applied for assistance under this act.
Recipient means any person who has received and is still receiving assistance.
Assistance means money payments to or payments for medical care in behalf of needy aged persons.
Sec. 2. Section 2 of the above-entitled act, being section 5158.01, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 2. Assistance shall be granted under this act to any person who has all of the following qualifications combined at the time of the making of application therefor:
(a) Is 65 years of age or older; provided, that if the congress of the United States shall enact any law reducing the age of eligibility for old-age assistance, such reduced age limit shall be the age limit under this act.
κ1951 Statutes of Nevada, Page 514 (CHAPTER 315, AB 241)κ
for old-age assistance, such reduced age limit shall be the age limit under this act.
(b) Is a resident of the State of Nevada who has actually resided in this state for a period of five years or more during the nine years immediately preceding the making of the application for such assistance, the last one year of which shall have been continuous and immediately preceding the making of such application;
(c) Is a citizen of the United States of America;
(d) Is in need of financial or other assistance as provided for in this act, and has not sufficient income from all other available sources to provide a reasonable subsistence compatible with decency, health and needs as provided for in this act;
(e) Is not an inmate of a public institution except as a patient in a public medical institution and who is not a patient in any institution for tuberculosis or for mental diseases or has been diagnosed as having tuberculosis or psychosis and is not a patient in any medical institution as a result thereof.
(f) Has not, at any time within three years immediately prior to the filing of application for assistance, pursuant to the terms of this act, made any deed, conveyance, bill of sale, assignment or other transfer of property so as to render himself or herself eligible for such assistance under this act.
Sec. 3. Section 4 of the above-entitled act, being section 5158.03, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 4. The state department shall:
(a) Supervise and cooperate with the county boards in the administration of assistance to the needy aged under this act;
(b) Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this act. All rules and regulations made by the state department shall be binding on the counties and shall be complied with by the respective county boards;
(c) Establish minimum standards for personnel employed by the state department and county boards in the administration of this act and makes necessary rules and regulations to maintain such standards;
(d) Mail checks received by it from the state controller under the provisions of this act, to the recipient entitled thereto at his last known post-office address with proper safeguard to assure that the recipient or his legal representative actually receives the same;
(e) Cooperate with the federal government in matters of mutual concern pertaining to assistance to the needy aged, including the adoption of such methods of administration as are found by the federal government to be necessary for the efficient operation of the plan for such assistance.
(f) Make such reports, in such form and containing such information, as the federal government may from time to time require, and comply with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of such reports;
κ1951 Statutes of Nevada, Page 515 (CHAPTER 315, AB 241)κ
Sec. 4. Section 5 of the above-entitled act, being section 5158.04, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 5. The county boards shall:
(a) Cooperate with the state department in the administration of the provisions of this act in the respective counties subject to the rules and regulations prescribed by the state department pursuant to the provisions of this act;
(b) Report to the state department at such times and in such manner and form as the state department may from time to time direct.
Sec. 5. Section 6 of the above-entitled act, being section 5158.05, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 6. Application for assistance under this act shall be made to the state welfare department.
Sec. 6. Section 7 of the above-entitled act, being section 5158.06, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 7. Whenever an application for assistance under this act is received by the state welfare department, investigation shall promptly be made of the circumstances of the applicant in order to determine his eligibility for such assistance.
Sec. 7. Section 8 of the above-entitled act, being section 5158.07, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 8. After completion of such investigation by the state department, on the basis of its findings, the state department shall decide whether the applicant is eligible for assistance under the provisions of this act, the amount of such assistance, and the date on which such assistance shall begin. Such assistance shall be paid monthly to the applicant in the manner hereinafter provided for in this act. The county board shall review such decision by the state department at its next regular meeting, and shall express its concurrence in the state departments decision, or if it does not concur therein may express the basis for such nonconcurrence and request reconsideration or further investigation by the state department. The state department, on request of the county board, shall reconsider its decision or further investigate the application. The decision of the state department, after such reconsideration or further investigation, shall be binding on the county board. In no case shall payment in accordance with the decision of the state department be withheld pending reconsideration or further investigation as requested by the county board.
Sec. 8. Section 10 of the above-entitled act, being section 5158.09, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 10. Every person claiming or receiving assistance who is aggrieved because of the state departments action or failure to act shall be afforded reasonable notice and an opportunity for a fair hearing by the state department. All decisions of the state department shall be final and shall be binding upon the county involved and shall be complied with by the county board.
Sec. 9. Section 11 of the above-entitled act, being section 5158.10, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
κ1951 Statutes of Nevada, Page 516 (CHAPTER 315, AB 241)κ
Section 11. All assistance grants made under this act shall be reconsidered by the state department as frequently as may be required by the rules of the state department. After such further investigation as the state department may deem necessary, the amount of assistance may be changed, or assistance may be entirely withdrawn if the state department finds that the recipients circumstances have altered sufficiently to warrant such action. Such changes in award shall be reviewed by the county board at its next meeting.
Sec. 10. Section 13 of the above-entitled act, being section 5158.12, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 13. When a recipient of assistance under the terms of this act moves his place of residence from one county of the state to another county of the state, assistance shall be continued and his circumstances shall be reviewed by the state department and the county to which he has moved shall be liable for its appropriate share of the assistance so granted. Assistance shall not be withheld pending review of the circumstances of the recipient.
Sec. 11. Section 14 of the above-entitled act, being section 5158.13, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 14. Each of the counties of this state shall provide necessary and ample funds with which to pay old-age assistance to the needy aged persons thereof, as provided for in this act, and for that purpose, it is hereby made the mandatory duty of the board of county commissioners of each and every county of this state and of all the other officers in this state having anything to do with the assessment of property for the purposes of taxation, and with the collection of taxes, to levy, assess and collect an ad valorem tax on all the taxable property in their respective counties at a sufficient tax rate to provide ample money with which to pay all old-age assistance and expenses required to be paid by each such county in complete compliance with the provisions of this act. The proceeds of such tax so collected in each county of this state shall be placed in a fund in the county treasury thereof and shall be designated the old-age assistance fund out of which such county treasurer shall, for convenience and economy in administration and in auditing accounts, transmit to the state treasurer monthly, or quarterly, at the time required by the rules and regulations of the state board, the full amount necessary to pay one-half of the total amount of old-age assistance, after deducting federal matching, to be paid in that county pursuant to section 3 of this act as certified to him by the county clerk of that county. The state treasurer shall place the same in a fund in the state treasury to be designated old-age assistance fund of County, naming the particular county from which the particular money was so sent to him, and shall keep the money so sent him from each county in a separate account and fund for and as funds of that particular county, to be used for the purposes of this act in that county alone.
It shall be the duty of said treasurer as such officer to receive and so deposit said moneys, and to safely and faithfully keep, handle, and disburse such moneys for the said purposes alone in the manner hereinafter and in section 17 of this act provided for, and to render a true account of all such moneys; and he and the surety on his official bond to the State of Nevada, as such state treasurer, shall be responsible for all such moneys to the same extent as is provided for in his official bond for other public moneys in his custody.
κ1951 Statutes of Nevada, Page 517 (CHAPTER 315, AB 241)κ
so deposit said moneys, and to safely and faithfully keep, handle, and disburse such moneys for the said purposes alone in the manner hereinafter and in section 17 of this act provided for, and to render a true account of all such moneys; and he and the surety on his official bond to the State of Nevada, as such state treasurer, shall be responsible for all such moneys to the same extent as is provided for in his official bond for other public moneys in his custody.
Sec. 12. Section 16 of the above-entitled act, being section 5158.15, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 16. All moneys furnished by the federal government pursuant to said social security act shall be deposited in the state treasury of this state in a fund which shall be designated old-age assistance fund, and used only for the purposes provided for in said social security act and in pursuance of the provisions of this act.
It shall be the duty of the state treasurer of this state, as such officer, to receive and so deposit said moneys, and to safely and faithfully keep and handle such moneys for the said purposes and to render a true account of all such moneys; and he and the surety on his official bond to the State of Nevada as such state treasurer shall be responsible for all such moneys to the same extent as is provided for in his said bond for other public moneys in his custody.
Insofar as the portion of the moneys so deposited to apply on the payment of old-age assistance in this state is concerned, it shall be used to pay directly to each recipient entitled thereto as determined by the state department and reviewed by the county board of the county in which such recipient resides, and certified to said state controller and state treasurer by the director of said state department in the manner provided for in this act, for use in paying the proportionate federal share of the amount of old-age assistance to which applicants and recipients are entitled, as provided for in this act as amended and in said social security act as amended, in the same manner as other state moneys are disbursed.
Sec. 13. Section 18 of the above-entitled act, being section 5158.17, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 18. The director of the state department shall furnish to the governor of this state and to the state controller and state treasurer a full, true, and correct list of recipients in each county of this state entitled to such assistance, and of the monthly amount to be paid to each of them from said federal funds, certified to by him as being a full, true, and correct list of such recipients in that county and the amount to which each of them is entitled under this act, which list is subject to revision by said director of the state department to make it conform to such changes as may be duly made pursuant to the terms of this act. The state controller of this state shall promptly, upon receiving such certified list, draw his warrant upon said fund payable to each such recipient in the amount to which he or she is entitled, upon and pursuant to such certified list, and said state treasurer shall pay the same. Every such warrant shall be for the total amount of federal, state and county funds to which each such recipient is entitled under the provisions of this act.
κ1951 Statutes of Nevada, Page 518 (CHAPTER 315, AB 241)κ
federal, state and county funds to which each such recipient is entitled under the provisions of this act. Said state controller shall, immediately after such warrants have been so drawn, in the manner provided by law, mail all such warrants to the state welfare department so that said department shall mail said warrants to the recipients entitled thereto as determined by the state department. Insofar as that portion of said moneys so deposited to pay on the expenses of the administration of this act and of said social security act, and in the distribution of such old-age assistance is concerned, it shall be disbursed in the same manner as provided for hereinbefore in this section, except that the claims therefor shall be made and filed directly by the claimants entitled thereto and paid directly to them, upon the written approval of such claims by the director of the state department, and the audit and allowance thereof as required by the laws of this state; provided, however, that the state controller may, and he hereby is authorized to use a facsimile of his own handwritten signature, produced through a mechanical device, instead of his handwritten signature, in drawing and issuing his warrants for such old-age assistance payments; and said state treasurer may, and is hereby authorized, to use a facsimile of his handwritten signature, produced through a mechanical device, instead of his handwritten signature in countersigning such warrant; and provided further, that said mechanical device shall be of such nature that said facsimile signature may be removed from said mechanical device and kept in a separate and secure place; and provided further, that said facsimile signature of said state controller shall be made and used only under his personal direction and supervision in drawing and issuing such warrants, and said facsimile signature of said state treasurer shall be made and used only under his personal direction and supervision in countersigning said warrant; and provided further, that all of said mechanical devices shall, at all times, be kept in a vault, securely locked, when not so in use, to the end that any misuse, fraudulent use, or other improper use thereof shall be prevented.
All officers mentioned hereinbefore in this section and concerned with the handling of such federal funds are hereby fully authorized to do and perform all acts and things necessary to accomplish the purposes of this section.
The books, records, and accounts of said state controller and said state treasurer relating to said old-age assistance fund in said state treasury shall be open to inspection and subject to audit by the United States government or said auditor of public accounts of the United States, or any other duly authorized auditor, accountant, or agent of either thereof.
Sec. 14. Section 20 of the above-entitled act, being section 5158.19, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 20. Subject to the provisions and under the restrictions contained in this act, every aged needy person, as defined in this act, shall be entitled, as a matter of right, to old-age assistance, as provided for in this act; and the provisions of this act providing for the furnishing and payment thereof are and shall be construed to be mandatory.
κ1951 Statutes of Nevada, Page 519 (CHAPTER 315, AB 241)κ
Sec. 15. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 16. This act shall become effective immediately upon passage and approval.
________
Senate Bill No. 196Committee on Finance
CHAPTER 316
AN ACT relating to the appointment and salaries of deputies, clerks, stenographers, typists, and other employees in the various state offices, departments, boards, and agencies, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The secretary of state, in addition to one deputy secretary of state whose salary is hereby fixed at three thousand eight hundred ($3,800) dollars per annum and one assistant deputy secretary of state whose salary is hereby fixed at three thousand ($3,000) dollars per annum, is hereby authorized to appoint one chief clerk at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, one corporation and bond clerk at a salary of three thousand two hundred fifty ($3,250) dollars per annum, one photostat technician or operator at a salary of three thousand ($3,000) dollars per annum, and employ two stenographers whose compensation shall be paid as hereinafter directed.
Sec. 2. The attorney general, in addition to his power and authority to appoint deputy attorneys general in accordance with section 7314, Nevada Compiled Laws 1929, is hereby authorized to appoint one chief deputy attorney general at a salary of five thousand ($5,000) dollars per annum, and one deputy attorney general at a salary of four thousand three hundred fifty ($4,350) dollars per annum, and to employ one chief clerk at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, and one stenographer whose compensation shall be paid as hereinafter directed.
Sec. 3. The state controller, in addition to one deputy state controller whose salary is hereby fixed at three thousand eight hundred ($3,800) dollars per annum, is hereby authorized to appoint one chief clerk at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, one deduction clerk at a salary of two thousand seven hundred ($2,700) dollars per annum, one bookkeeper at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, one social security clerk, and one clerk-stenographer whose compensation shall be paid as hereinafter directed.
Sec. 4. The state treasurer, in addition to one deputy state treasurer whose salary is hereby fixed at three thousand eight hundred ($3,800) dollars per annum, is hereby authorized to appoint one chief clerk-stenographer at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, and two clerks, whose compensation shall be paid as hereinafter directed.
κ1951 Statutes of Nevada, Page 520 (CHAPTER 316, SB 196)κ
dollars per annum, and two clerks, whose compensation shall be paid as hereinafter directed.
Sec. 5. The state mine inspector, in addition to two deputy state mine inspectors whose salaries are hereby fixed at three thousand eight hundred ($3,800) dollars per annum each, is hereby authorized to employ one chief clerk at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, or one stenographer whose compensation shall be paid as hereinafter directed.
Sec. 6. The surveyor general, in addition to one deputy surveyor general whose salary is hereby fixed at three thousand eight hundred ($3,800) dollars per annum, is hereby authorized to employ one stenographer whose compensation shall be paid as hereinafter directed.
Sec. 7. The superintendent of public instruction is hereby authorized to employ one certification clerk at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, and one secretary at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, and two clerk-stenographers whose compensation shall be paid as hereinafter directed.
Sec. 8. The labor commissioner of the State of Nevada, in addition to one deputy whose salary is hereby fixed at three thousand ($3,000) dollars per annum, is hereby authorized to employ one chief clerk at a salary of two thousand nine hundred fifty ($2,950) dollars per annum, or one stenographer whose compensation shall be paid as hereinafter directed.
Sec. 9. The state bank examiner, known officially as superintendent of banks, shall receive a salary at the rate of six thousand ($6,000) per year which shall be full compensation for his services as such and for all ex officio positions he holds or may hold. A chief deputy superintendent of banks may be employed at a salary of four thousand two hundred ($4,200) dollars per year, and an additional deputy superintendent of banks may be employed at a salary of three thousand eight hundred ($3,800) dollars per year. A chief clerk may be employed who shall receive a salary at the rate of two thousand nine hundred fifty ($2,950) dollars per year. He may also employ necessary stenographers and typists at the rate fixed by general law.
Sec. 10. The official reporter of the supreme court shall receive a salary at the rate of three thousand eight hundred ($3,800) dollars per year in full for his services as court reporter, reporter of decisions, and stenographic clerk. The chief clerk in the office of the clerk of the supreme court shall receive a salary of two thousand nine hundred fifty dollars ($2,950) per year.
Sec. 11. The secretary to the governor of Nevada shall receive an annual salary of four thousand five hundred ($4,500) dollars per annum, and the clerk in the governors office shall receive an annual salary of three thousand three hundred ($3,300) dollars.
Sec. 12. The secretary of the Nevada tax commission shall receive an annual salary of six thousand ($6,000) dollars per annum.
κ1951 Statutes of Nevada, Page 521 (CHAPTER 316, SB 196)κ
Sec. 13. The legislative auditor shall receive a salary of four thousand eight hundred ($4,800) dollars per annum. The legislative counsel shall receive a salary of five thousand two hundred eighty ($5,280) dollars per annum. The chief clerk in the office of the legislative counsel bureau shall receive a salary of two thousand nine hundred fifty ($2,950) dollars per annum.
Sec. 14. The director of the budget shall receive a salary of five thousand seven hundred ($5,700) dollars per annum. The chief clerk in the office of the director of the budget shall receive a salary of two thousand nine hundred fifty ($2,950) dollars per annum.
Sec. 15. The appointive commissioner of the public service commission who shall devote his entire time to the business of the commission shall receive a salary of six thousand ($6,000) dollars per annum; the other appointive commissioner shall receive a salary of three thousand ($3,000) dollars per annum. The secretary of the commission shall receive a salary of five thousand ($5,000) per annum. The assistant secretary of the commission shall receive a salary as hereinafter fixed in this act. Of the salaries hereinbefore set forth, the following sums shall be paid from the highway fund:
Full-time appointive commissioner.......................................................... $1,000 per year
Part-time appointive commissioner......................................................... 500 per year
Secretary...................................................................................................... 1,400 per year
Assistant secretary.................................................................................... 500 per year
Sec. 16. The state engineer shall receive a salary of six thousand ($6,000) dollars per annum. The assistant state engineer shall receive a salary of five thousand ($5,000) dollars per annum. The deputy state engineer shall receive a salary of four thousand four hundred ($4,400) dollars per annum. The field engineer shall receive a salary of four thousand ($4,000) dollars per annum. The office engineer shall receive a salary of four thousand ($4,000) dollars per annum. The office manager shall receive a salary of three thousand six hundred ($3,600) dollars per annum. The secretary shall receive a salary equal to the maximum salaries paid stenographers as provided by law.
Sec. 17. Each said state officer in this act, when an emergency shall exist, is hereby authorized to employ such additional stenographic assistance as shall be necessary, at the rate as hereinafter expressly specified, provided sufficient money has been appropriated.
Sec. 18. Each stenographer, typist, and clerk and each assistant state librarian, unless designated under the state merit system as provided by law, employed in any of the various offices or departments of the State of Nevada and not otherwise provided by law, shall receive a salary as follows, to wit: For the first year of employment, at the rate of two thousand one hundred ($2,100) dollars per annum, for the second year of employment at the rate of two thousand four hundred ($2,400) dollars per annum, and commencing with the third year of employment and thereafter at the rate of two thousand seven hundred ($2,700) dollars per year; provided, that such service may be aggregated beginning with the 24th day of March 1931, and any service in any state office since said date shall apply with respect to computing length of service for the purposes of this section.
κ1951 Statutes of Nevada, Page 522 (CHAPTER 316, SB 196)κ
any service in any state office since said date shall apply with respect to computing length of service for the purposes of this section.
Sec. 19. All salaries and compensation in this act provided shall be payable at the time and in the same manner as other elective state officers are paid.
Sec. 20. All salaries and compensation in this act provided shall be in full payment for all services rendered to the state.
Sec. 21. In addition to the salaries fixed by the preceding sections of this act, each of the officers and employees named therein shall receive additional compensation in the amount of ten percent (10%) of such salaries, and such additional compensation shall be included in and paid by salary warrants issued to such officers and employees; provided, however, that such additional compensation of ten percent (10%) shall automatically expire on June 30, 1953.
Sec. 22. For the purpose of providing the salary increases provided in this act, there is hereby appropriated from the general fund for the biennium ending on June 30, 1953, the sum of fifty thousand ($50,000) dollars, to be paid out on claims as other claims against the state are paid.
Sec. 23. The assistant secretary of the public service commission shall receive a salary of three thousand six hundred ($3,600) dollars per year.
Sec. 24. The certain act of the legislature of the State of Nevada entitled An act relating to the appointment and salaries of deputies, clerks, and stenographers in the offices of secretary of state, attorney general, state controller, state treasurer, state mine inspector, surveyor general, superintendent of public instruction, and other state offices, and other matters relating thereto, approved March 29, 1949, is hereby repealed.
Sec. 25. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
________
κ1951 Statutes of Nevada, Page 523κ
Assembly Bill No. 346Messrs. Slattery, Crawford, and Hendel
CHAPTER 317
AN ACT to amend an act entitled An act relating to and providing for the general welfare of the State of Nevada and of the people thereof by providing for compulsory old-age assistance to needy aged persons in this state, as defined and provided for in this act; defining certain terms; designating the single state agency of this state to supervise the administration thereof, and defining the authority and duties thereof; providing for cooperation with the government of the United States in furnishing such pensions or assistance pursuant to the provisions of the so-called social security act of congress, approved August 14, 1935; designating the boards, and other agencies, authorized to administer and supervise the administration of such assistance and defining the authority and duties thereof; defining the minimum amount of such need and assistance to each such needy aged person and the qualifications for eligibility therefor; authorizing the making and promulgation of rules and regulations relating to the administration of this act; providing for the establishment of certain state and county funds and regulating the expenditures therefrom; providing penalties for the violation of the provisions of this act; repealing a certain act and all other acts and parts of acts of this state in conflict herewith; and other matters relating thereto, enacted November 7, 1944, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 14 of the above-entitled act, being section 5158.13, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 14. Each of the counties of this state shall provide necessary and ample funds with which to pay old-age assistance to the needy aged persons thereof, as provided for in this act, and for that purpose, it is hereby made the mandatory duty of the board of county commissioners of each and every county of this state and of all the other officers in this state having anything to do with the assessment of property for the purposes of taxation, and with the collection of taxes, to levy, assess and collect an ad valorem tax on all the taxable property in their respective counties at a sufficient tax rate to provide ample money with which to pay all old-age assistance and expenses required to be paid by each such county in complete compliance with the provisions of this act. The proceeds of such tax so collected in each county of this state shall be placed in a fund in the county treasury thereof and shall be designated the old-age assistance fund out of which such county treasurer shall, for convenience and economy in administration and in auditing accounts, transmit to the state treasurer monthly, or quarterly, at the time required by the rules and regulations of the state board, the full amount necessary to pay one-half of the total amount of old-age assistance, after deducting federal matching, not counting so much of such expenditure with respect to any individual for any month as exceeds fifty-five dollars ($55), to be paid in that county pursuant to section 3 of this act as certified to him by the county clerk of that county. The state treasurer shall place the same in a fund in the state treasury to be designated old-age assistance fund of County, naming the particular county from which the particular money was so sent to him, and shall keep the money so sent him from each county in a separate account and fund for and as funds of that particular county, to be used for the purposes of this act in that county alone.
κ1951 Statutes of Nevada, Page 524 (CHAPTER 317, AB 346)κ
the same in a fund in the state treasury to be designated old-age assistance fund of County, naming the particular county from which the particular money was so sent to him, and shall keep the money so sent him from each county in a separate account and fund for and as funds of that particular county, to be used for the purposes of this act in that county alone.
It shall be the duty of said treasurer as such officer to receive and so deposit said moneys, and to safely and faithfully keep, handle, and disburse such moneys for the said purposes alone in the manner hereinafter and in section 17 of this act provided for, and to render a true account of all such moneys; and he and the surety on his official bond to the State of Nevada, as such state treasurer, shall be responsible for all such moneys to the same extent as is provided for in his official bond for other public moneys in his custody.
Sec. 2. Section 15 of the above-entitled act, being section 5158.14, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 15. The funds to pay for the states participation in old-age assistance under this act shall be provided by direct legislative appropriation from the general fund, sufficient to produce enough money to pay the states one-half of the total amount, after deducting federal matching of such old-age assistance up to a maximum payment to an individual of fifty-five dollars ($55) per month plus an additional amount per individual as determined by the legislature, and administration thereof, as provided for in this act. Such fund in the state treasury shall be known and designated as the State Old-Age Assistance Fund, out of which the states portion of the old-age assistance provided for in this act shall be paid upon warrants drawn by the state controller and paid by the state treasurer as hereinafter provided. The additional amount hereinabove referred to shall be three dollars ($3) per month.
Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 4. This act shall become effective immediately upon passage and approval.
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Senate Bill No. 84Committee on Judiciary
CHAPTER 318
AN ACT to amend an act entitled An act concerning crimes and punishments and repealing certain acts relating thereto, approved March 17, 1911, as amended.
[Approved March 23, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 134 of the above-entitled act, being section 10081, N. C. L. 1929, is hereby amended to read as follows:
Section 134. The killing of the deceased named in the indictment or information by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse the homicide, will devolve on the accused, unless the proof on the part of the prosecution sufficiently manifests that the crime committed only amounts to manslaughter, or that the accused was justified, or excused in committing the homicide.
κ1951 Statutes of Nevada, Page 525 (CHAPTER 318, SB 84)κ
circumstances of mitigation, or that justify or excuse the homicide, will devolve on the accused, unless the proof on the part of the prosecution sufficiently manifests that the crime committed only amounts to manslaughter, or that the accused was justified, or excused in committing the homicide.
Sec. 2.. Section 194 of the above-entitled act, being section 10141, N. C. L. 1929, is hereby amended to read as follows:
Section 194. The infamous crime against nature, either with man or beast, shall subject the offender to be punished by imprisonment in the state prison for a term not less than one year, and which may extend to life.
Sec. 3. Section 406 of the above-entitled act, being section 11054, N. C. L. 1929, is hereby amended to read as follows:
Section 406. Whenever a person shall be convicted of two or more offenses, and sentence has been pronounced for one offense, the court in imposing any subsequent sentence may in its discretion provide that the sentences subsequently pronounced shall run either concurrently or consecutively with the sentence first imposed.
If the court shall make no order with reference thereto, all sentences shall run concurrently; provided, however, that whenever a person under sentence of imprisonment shall commit another crime and be sentenced to another term of imprisonment, such latter term shall not begin until the expiration of all prior terms.
Sec. 4. Section 38 of the above-entitled act, being section 9987, N. C. L. 1929, is hereby repealed.
Sec. 5. This act shall become effective upon its passage and approval.
________
Senate Bill No. 186Senator Johnson
CHAPTER 319
AN ACT supplementary to and amendatory of an act entitled An act to incorporate Carson City, approved February 25, 1875, as amended, providing for an election by the qualified voters of Carson City to determine whether certain county officers shall be ex officio officers of such city, prescribing the duties of the board of city trustees relative thereto, and providing the duties of the ex officio officers and other matters connected therewith.
[Approved March 23, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The intent of the legislature in the enactment of this act is that it shall be deemed supplementary to and amendatory of that certain act of the legislature entitled An act to incorporate Carson City, approved February 25, 1875, being chapter 43, Statutes of 1875, and as thereafter amended, known as the Carson City charter, and to herein provide that the qualified voters of Carson City may at the election hereinafter set forth determine whether certain county officers as herein provided shall be declared ex officio city officers and thereafter perform the duties required of them as provided in the charter and ordinances of said city.
κ1951 Statutes of Nevada, Page 526 (CHAPTER 319, SB 186)κ
county officers as herein provided shall be declared ex officio city officers and thereafter perform the duties required of them as provided in the charter and ordinances of said city.
Sec. 2. That notwithstanding any other provision of law and/or of the Carson City charter as it now exists, from and after the first day of July 1951, subject always to the result of the election hereinafter provided, the following Ormsby County officers shall be and become ex officio officers of the incorporated city of Carson City:
(a) The county clerk and ex officio county treasurer shall be ex officio city clerk and city treasurer of said Carson City.
(b) The county recorder and ex officio county auditor shall be ex officio recorder and ex officio auditor of said Carson City.
(c) The county sheriff and ex officio county assessor shall be ex officio city marshal and ex officio assessor of said Carson City.
(d) The district attorney shall be ex officio city attorney.
(e) The county surveyor shall be ex officio city surveyor and engineer.
Sec. 3. Each said county officer upon becoming ex officio city officer shall perform the duties of such city office as is now provided in the charter of Carson City, and in such ordinances as the board of trustees of said city may have enacted or may hereafter enact relating thereto.
Sec. 4. Each county officer as ex officio city officer shall furnish the city of Carson City a good and sufficient bond for the faithful performance of his or her duties as such ex officio officer, in such principal sum as the board of city trustees may require.
Sec. 5. It shall be the duty of the board of trustees of the city of Carson City in the event this act shall become effective and in force, to pay salaries and/or compensation to each ex officio officer in the act provided as follows:
Each said ex officio officer, except the ex officio city surveyor and engineer, shall receive a salary at the rate of six hundred dollars ($600) per year, payable in equal monthly installments. The ex officio city surveyor and engineer shall receive no salary, but the board of trustees shall allow said officer fair and reasonable compensation, in lieu of salary, for such services authorized by the board of trustees to be performed by him and actually rendered for and on behalf of the city. Such salaries and compensation shall be paid from city funds and shall be in addition to county salaries and compensation paid to such officers for the performance of their official duties for the state and county.
Sec. 6. (a) Upon the passage and approval of this act it shall be the duty of the board of trustees of the city of Carson City to give notice by publication in a newspaper published in said Carson City, at least once a week for four successive weeks immediately preceding the next municipal election to be held in Carson City on the first Monday in May 1951, that at such election there will be placed upon the official ballot the proposition for the consolidation of the hereinabove mentioned county and city offices, in substantially the following term:
Shall the offices of county clerk and treasurer, county recorder and auditor, county sheriff and assessor, district attorney, and county surveyor, be constituted also, respectively, ex officio city clerk and treasurer, ex officio city recorder and auditor, ex officio city marshal and assessor, ex officio city attorney, and ex officio city surveyor and engineer in and for Carson City: Yes No .
κ1951 Statutes of Nevada, Page 527 (CHAPTER 319, SB 186)κ
auditor, county sheriff and assessor, district attorney, and county surveyor, be constituted also, respectively, ex officio city clerk and treasurer, ex officio city recorder and auditor, ex officio city marshal and assessor, ex officio city attorney, and ex officio city surveyor and engineer in and for Carson City: Yes No .
(b) If a majority of the votes cast at the election is in favor of the consolidation of said offices, the board of city trustees shall cause the transfer of all books, records and documents of the respective city officers to the newly created ex officio officers, and shall cause to be done all acts and things necessary to make this act effective, on or before July 1, 1951; provided, the new ex officio officers may remove or cause to be removed all such books, records and documents to their respective offices in the Ormsby County courthouse and thereafter transact all public city business pertaining to their offices in such courthouse.
Sec. 7. All acts and parts of acts in conflict herewith are hereby expressly repealed effective upon the first day of July 1951, and the passage, approval and adoption of this act.
Sec. 8. This act shall be effective immediately upon its passage and approval; provided, that if a majority of the votes cast at said election is not in favor of the proposed consolidation, this act thereupon shall not be effective for any purpose.
________
Assembly Bill No. 207Committee on Judiciary, and Mr. Francovich.
CHAPTER 320
AN ACT to establish a state board of pardon and parole commissioners; providing for a chief state parole and probation officer together with assistant parole and probation officers and other employees; providing salaries, including traveling and other expenses; providing duties for said personnel; providing a system of probation for defendants in criminal actions found guilty thereof in the district courts; providing that such courts may fix definite terms of imprisonment; providing for modification of probation; providing for a system of withdrawing pleas of guilty upon termination of probation period; providing for an appropriation therefor, and other matters properly relating thereto.
[Approved March 23, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The word court whenever used in this act shall mean a district court of the State of Nevada.
The words parole and probation officer whenever used in this act shall mean the chief state parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of this act.
The word board whenever used in this act shall mean the state board of pardon and parole commissioners.
κ1951 Statutes of Nevada, Page 528 (CHAPTER 320, AB 207)κ
Sec. 2. The board of pardon and parole commissioners shall administer this act. The board shall have such powers and duties and shall perform such acts as may be authorized or directed by this act or by any other statute of the State of Nevada.
Sec. 3. The board shall appoint a chief parole and probation officer. With the approval of the board and within the limits of the appropriations for the enforcement of this act, the chief parole and probation officer may appoint a sufficient number of assistant parole and probation officers and other employees required to administer the provisions of this act, but no employee of the board shall be appointed except in the manner hereinafter provided. The board shall supervise the activities of the chief parole and probation officer. The board shall provide suitable office quarters, supplies and equipment in order to maintain the principal office of the chief parole and probation officer which shall be maintained in Carson City, Nevada.
Sec. 4. The chief parole and probation officer, or an assistant parole and probation officer shall be appointed by the board as secretary of such board and it shall be his duty to perform such duties as the board may require, without additional compensation.
Sec. 5. The chief parole and probation officer and the assistant parole and probation officers and employees of the board shall be paid such salaries as the board shall determine within the total appropriation therefor, and shall be reimbursed for their actual and necessary traveling and other expenses, in accordance with the provisions of sections 6942 and 6943, 1929 Nevada Compiled Laws, as amended. The compensation, salaries and expenses of the chief parole and probation officer, assistant parole and probation officers and employees shall be paid upon certification by the secretary of the board, in the same manner as those of other state officers and employees.
Sec. 6. The chief parole and probation officer may appoint assistant parole and probation officers as hereinbefore provided. The chief parole and probation officer, by and with the consent and approval of the board, shall prepare and conduct competitive examinations for positions to which the chief parole and probation officer shall have the power to appoint. He shall establish qualifications for admission to and rules for the conduct of such examinations. The chief state parole and probation officer shall be responsible for such reports of investigation and supervision as may be requested by the board or courts. He shall, subject to the approval of the board, divide the state into districts and assign assistant parole and probation officers to serve in the various districts and courts. He shall direct the work of the assistant parole and probation officers and other employees assigned to him. He shall formulate methods of investigation, supervision, record-keeping and reports; shall conduct training courses for the staff and shall develop policies of parole and probation work in the light of other welfare administration policies. He shall furnish or cause to be furnished to each person released under his supervision a written statement of the conditions of parole or probation and shall instruct or cause to be instructed any parolee or probationer regarding the same. He shall make such reports in writing as the board shall from time to time require.
κ1951 Statutes of Nevada, Page 529 (CHAPTER 320, AB 207)κ
from time to time require. At the close of each fiscal year he shall submit to the governor and to the board a report with statistical and other data of his work. He shall advise or cause to be advised the board or the court of any violator of the conditions of the parole or the probation, as the case may be, and shall perform such other duties as the board may prescribe.
Sec. 7. Assistant parole and probation officers shall investigate all cases referred to them for investigation by the board or by the chief parole and probation officer, or by any court in which they are authorized to serve. They shall supervise all persons released on probation by any such court or released to them for supervision by the board or by the chief parole and probation officer. They shall furnish to each person released under their supervision a written statement of the conditions of parole or probation and shall instruct him regarding the same. They shall keep informed concerning the conduct and condition of all persons under their supervision and shall use all suitable methods to aid and encourage them and to bring about improvement in their conduct and conditions. They shall keep detailed records of their work; shall collect and disburse all moneys in accordance with the orders of the board or the court; shall keep accurate and complete accounts of all moneys received and disbursed in accordance with such orders and shall give receipts therefor and shall make such reports in writing as the court or the board or the chief parole and probation officer may require. They shall coordinate their work with that of other social agencies and shall file identifying information regarding their cases with any social service index or exchange operating in the area to which they are assigned.
Sec. 8. Whenever any person has been found guilty in a district court of the State of Nevada of a crime upon verdict or plea, the court, except in cases of murder of first or second degree, kidnapping, robbery of the person, carnal knowledge of a female child under ten years of age, or rape, may by its order suspend the execution of the sentence imposed and grant such probation to the convicted person as to the judge thereof shall deem advisable; upon the granting of such probation the court shall have full power to fix the terms and conditions thereof in the order therefor; provided, that in imposing sentence the court shall have the power to fix the definite term of imprisonment within the minimum and maximum periods fixed by law, except that the court shall not suspend the execution of a sentence if imprisonment after the defendant shall have begun to serve such sentence. In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the board and of the chief parole and probation officer. The court shall also upon the entering of the order of probation or suspension of sentence, as provided for in this act, shall direct the clerk of such court to certify a copy of the records in the case and deliver the same to the chief parole and probation officer.
Sec. 9. The parole and probation officer shall inquire into the circumstances of the offense, criminal record, social history and present condition of the defendant. Such investigation may include a physical and mental examination of the defendant.
κ1951 Statutes of Nevada, Page 530 (CHAPTER 320, AB 207)κ
and mental examination of the defendant. If a defendant is committed to any institution, the parole and probation officer shall send a report of such investigation to the institution at the time of commitment.
Sec. 10. By order duly entered, the court may impose and may at any time modify any conditions of probation or suspension of sentence. The court shall cause a copy of any such order to be delivered to the parole and probation officer and the probationer.
Sec. 11. The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court. Such period with any extensions thereof shall not exceed five years.
At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of said parole and probation officer, violated the conditions of probation. The parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities a statement of the circumstances of violation. The parole and probation officer shall at once notify the court of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation. Thereupon, or upon an arrest by warrant as herein provided, the court shall cause the defendant to be brought before it, and may continue or revoke the probation or suspension of sentence, and may cause the sentence imposed to be executed.
Sec. 12. Every defendant who has fulfilled the conditions of his probation for the entire period thereof, or who shall have been discharged from probation prior to the termination of the period thereof, may at any time thereafter be permitted by the court to withdraw his plea of guilty and enter a plea of not guilty; or if he has been convicted after a plea of not guilty, the court may set aside the verdict of guilty; and in either case, the court shall thereupon dismiss the indictment or information against such defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted. The probationer shall be informed of this privilege in his probation papers. The probationer may make such application and change of plea in person or by attorney authorized in writing, or by a parole and probation officer authorized in writing; provided, that in any subsequent prosecution of such defendant for any other offense, such prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the indictment or information dismissed.
Sec. 13. All information obtained in the discharge of official duty by a parole and probation officer or employee of the board shall be privileged and shall not be disclosed directly or indirectly to anyone other than the board, the judge, district attorney, or others entitled under this act to receive such information, unless and until otherwise ordered by such board or judge.
κ1951 Statutes of Nevada, Page 531 (CHAPTER 320, AB 207)κ
privileged and shall not be disclosed directly or indirectly to anyone other than the board, the judge, district attorney, or others entitled under this act to receive such information, unless and until otherwise ordered by such board or judge.
Sec. 14. The provisions of this act hereby are extended to all persons who at the effective date of this statute are eligible to be placed on probation or parole, or who may be on parole.
Sec. 15. The board shall have the power to accept from the United States of America or any of its agencies such advisory services, funds, equipment and supplies as may be made available to this state for any of the purposes contemplated by this act, and to enter into such contracts and agreements with the United States or any of its agencies as may be necessary, proper and convenient.
Sec. 16. The sum of two thousand two hundred fifty ($2,250) dollars is hereby appropriated for the purpose of this statute for the period beginning upon the passage and approval of this act and ending on June 30, 1951.
Sec. 17. The sum of thirty-eight thousand dollars ($38,000) is hereby appropriated for the biennium beginning July 1, 1951 and ending on June 30, 1953.
Sec. 18. If any of the sections, subsections, words, phrases or sentences shall be held unconstitutional or void by any court, the same shall not invalidate any other sections, subsections, words, phrases or sentences in this act.
Sec. 19. The act entitled An act to regulate and make effectual the power of the governor, justices of the supreme court, and attorney general to remit fines and forfeitures, commute punishments, and grant pardons after convictions; create the state board of parole commissioners, define its powers and duties; provide for the appointments of parole officers, define their powers and duties, and make an appropriation therefor, and provide for other matters properly relating thereto, approved March 22, 1945, as amended, being sections 11592 to 11598, inclusive, 1929 N. C. L. 1949 Supp., and all other acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 20. This act shall be in full force and effect from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 532κ
Assembly Bill No. 294Messrs. Capurro, Coulthard, Houssels, Humphrey, and Walters
CHAPTER 321
AN ACT to regulate the racing of horses in the State of Nevada, and to establish a state racing commission, and to define its powers, compensations and duties, and prescribing a penalty for the violation thereof, and repealing all acts in conflict therewith.
[Approved March 23, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There shall be a Nevada racing commission, and the same is hereby created and established, which said Nevada racing commission shall be vested with and possessed of the powers and duties in this act specified and also the powers necessary or proper to enable it to carry out fully and effectually all of the purposes of this act. The jurisdiction, supervision, powers and duties of the Nevada racing commission herein created and established shall extend under this section and act to any and all person or persons, associations or corporations which shall hereafter hold or conduct any meeting within the State of Nevada whereat any horse racing shall be permitted for any stake, purse or reward.
Sec. 2. A Nevada racing commission established hereunder shall consist of five members, all of whom shall be appointed by the governor, and not more than three of whom shall be of the same political party, and one of whom shall be designated by the governor to be chairman of said commission. Each commissioner at the time of his appointment and qualification shall be a resident of the State of Nevada and shall have resided is said state for a period of at least five years next preceding his appointment and qualification, and he shall be a qualified voter therein and not less than thirty-five years of age. Two of said commissioners shall hold office for two years from the beginning of their term of office and until their successors shall qualify. Two of said commissioners shall hold office for four years from the beginning of their term of office until their successors shall qualify; and one of said commissioners shall hold office for one year from the beginning of his term of office until his successor shall qualify. The term of office of each commissioner shall begin within thirty days from April 1, 1951. The governor, at the time of making and announcing the appointment of said five commissioners, as well as in the commission issued by him to each of them, shall designate which of said commissioners shall serve for the term of one year, and which shall serve for the term of two years, and which shall serve for the term of four years, as aforesaid, and also which which shall be the chairman of said commission. Upon being appointed or reappointed after the above-designated terms, each commissioner shall serve for a term of four years.
The governor may remove any commissioner for inefficiency, neglect of duty, or misconduct in office.
κ1951 Statutes of Nevada, Page 533 (CHAPTER 321, AB 294)κ
of duty, or misconduct in office. No person shall be eligible for appointment or shall hold the office of commissioner or be appointed by the commission, or hold any office or position under the commission, who holds any official relation to any association or corporation engaged in or conducting racing within the State of Nevada, or holds stock or bonds therein, or who has any pecuniary interest therein.
Sec. 3. Before entering upon the discharge of the duties of his office each member of the commission shall take an oath that he will well and faithfully execute all and singular the duties appertaining to his office according to the laws of the State of Nevada and the rules and regulations adopted in accordance therewith.
Sec. 4. Said commission shall meet at such time and places within the State of Nevada as the commission shall determine. The members thereof shall be entitled to their reasonable expenses for each meeting so attended. A majority of the commissioners shall constitute a quorum for the transaction of any business for the performance of any duty, or for the exercise of any power of the commission. The secretary of the commission shall keep a record of all proceedings of the commission, and shall preserve all books, maps, documents and papers belonging to the commission or entrusted to its care, and perform such other duties as the commission may prescribe. The secretary of said commission shall be appointed by the commission who shall serve during the pleasure of said commission. The commission may appoint such other officers, clerks, stenographers, inspectors, experts, attorneys and employees as may be necessary, all of whom shall serve during the pleasure of said commission.
Sec. 5. The commission is authorized to employ at reasonable compensation, a reasonable number of inspectors, guards, experts, scientists, auditors, veterinarians, and other employees or agents deemed by the commission to be essential at or in connection with any race meeting to the best interests of racing, and is further authorized to maintain a testing laboratory and to purchase supplies and equipment for and in connection with such laboratory or other test or testing processes. The expenses of such laboratory or other testing process and of the supplies and equipment needed in connection with either shall be paid by all licensees licensed in any calendar year under this act in the ratio which the number of days of racing conducted by such licensee bears to the whole number of days of licensed racing, with betting privileges, held in the state during such year. The compensation of the inspectors, guards, experts, scientists, auditors, veterinarians and other employees or agents employed by the racing commission in connection with any race meeting shall be paid by the licensee of the race meeting in connection with which they are utilized or employed. Each licensee as a condition precedent to the privilege of receiving a license under this act shall be deemed to have agreed that it will pay such expenses and compensation; provided, however, that no licensee shall be asked or required to pay more than the actual reasonable amount of such expense and compensation.
κ1951 Statutes of Nevada, Page 534 (CHAPTER 321, AB 294)κ
All officials at any race meeting, as this term is customarily understood in racing, including by way of enumeration only and not in limitation, stewards, placing judges, patrol judges, clerks of the scales, starters and assistants, handicapper, timer, paddock judge, veterinarian attached to the paddock, racing secretary and clerk of the course shall be employed and paid by the licensee conducting the race meeting, but approved by the commission; provided, however that there shall be three stewards at every race meeting conducted by any licensee licensed under this act, one of whom shall be named by the commission, one by the said licensee and the third named by the first two.
Sec. 6. No person or persons, association or corporation shall hold or conduct any meeting within the State of Nevada whereat horse racing shall be permitted for any stake, purse or reward, except such person, association or corporation as shall be licensed by the commission as hereinafter provided.
Sec. 7. Any person or persons, association or corporation desiring to conduct racing within the State of Nevada during any calendar year, shall apply to the Nevada racing commission for a license so to do. Such application shall be filed with the secretary of the commission on or before the date to be fixed by the commission. Such application shall specify the days on which such race meeting is desired to be conducted or held, and such application shall be in such form and supply such data and information as the said Nevada racing commission shall prescribe. Said racing commission shall, as soon as practicable during 1951 and on or before the first day of March of each year thereafter, award all dates for racing in the State of Nevada within the current year, but the said date so awarded shall not exceed 200 days in the aggregate, and the decision of the commission on the award of all such dates shall be final. The commission shall have the power to reject any application for a license for any cause which it may deem sufficient and the action of the commission shall be final. The commission shall have the power to revoke, modify or suspend such license or to refuse to issue the same, if it has reasonable cause to believe that the public interest can best be served; provided, however, that reasons for such action are written in full in the records of the commission and that the records are open for inspection at all reasonable times. The action of the commission in revoking, modifying, suspending or refusing to issue a license as requested by an applicant is subject to review by the courts of this state.
In the event an applicant for a license to conduct racing within the state of Nevada desires to operate, carry on, conduct or maintain any form of wagering under the system known as the pari-mutuel method of wagering on any racing event, then in addition to the above required license said person or persons, association or corporation shall procure a license for the same in the manner prescribed by that certain act entitled, An act to license and regulate the operation of pari-mutuel betting, on licensed racing and competitive sports events, in certain enclosures only, in Nevada; limiting deductions from pari-mutuel betting pools; requiring certain sums so deducted to be paid into the state treasury; designating the state tax commission to administer this act; prohibiting certain other forms of betting; providing penalties; and other matters properly relating thereto, approved March 29, 1949, and all acts amendatory thereof.
κ1951 Statutes of Nevada, Page 535 (CHAPTER 321, AB 294)κ
from pari-mutuel betting pools; requiring certain sums so deducted to be paid into the state treasury; designating the state tax commission to administer this act; prohibiting certain other forms of betting; providing penalties; and other matters properly relating thereto, approved March 29, 1949, and all acts amendatory thereof.
Sec. 8. No one person, corporation or association shall be given a license to conduct racing for more than 100 days in one year, nor shall more than an aggregate of 100 days racing be held in any one year on any one track within the State of Nevada. The said racing commission may, at any time or times, in its discretion, authorize any person, corporation or association to transfer its racing meet or meetings from its own track, or place for holding races, to the track or place for holding races, of any other person, corporation or association now conducting racing in the State of Nevada upon payment of any and all appropriate license fees for the conduct of racing at the particular track, or place for holding races, on which the racing is to be conducted; provided, however, that no such authority to transfer shall be granted without express consent of the person, corporation or association owning or leasing the track to which such transfer is made, but nothing in this section shall affect in any manner the license fees, requirements, rights, conditions, terms and provisions of section 9 of this act.
Sec. 9. Except in the case of the trotting and pacing meetings, as hereinafter provided for, and except the corporations and associations named in section 15, each applicant desiring to hold races on the days or day awarded by the commission shall, before the issuance of any license therefor, pay to the said commission a license fee of not less than fifty dollars ($50), nor more than two hundred dollars ($200) for each day of any meeting for the conduct of races so licensed, said license fee to be fixed by the commission on the 1st day of March of each year.
Sec. 10. The said commission may in its discretion meet subsequent to the first day of March and award dates for racing within the limits hereinbefore provided on application submitted to it, provided that the days so awarded in no way conflict with the provisions of this act and provided, further, that no license for a race meeting shall issue prior to the payment of the fees therefor at the rate hereinabove provided.
Sec. 11. Upon the award of days to any applicant and upon payment of the license fees as herein prescribed, the commission shall issue a license for the holding of the meeting or meetings during the days awarded to such applicant, and for which the license fees shall have been paid. Such licensee shall be subject to all the rights, regulations, and conditions from time to time prescribed by the commission and shall be subject to suspension or revocation by the commission as hereinabove provided.
Sec. 12. Said racing commission shall have power to prescribe rules, regulations and conditions under which all horse racing shall be conducted within the State of Nevada. Said commission may make rules governing, restricting or regulating the rate of charge by the licensee for admission, or for the performance of any service, or for the sale of any article on the premises of such licensee, and may regulate the size of the purse, stake or reward to be offered for the conduct of such races.
κ1951 Statutes of Nevada, Page 536 (CHAPTER 321, AB 294)κ
rules governing, restricting or regulating the rate of charge by the licensee for admission, or for the performance of any service, or for the sale of any article on the premises of such licensee, and may regulate the size of the purse, stake or reward to be offered for the conduct of such races.
Sec. 13. All contracts and agreements for the payment of money and all salaries, fees and compensation paid by any person or persons, association or corporation licensed as hereinabove provided, and all proposed extensions, additions or improvements to the building, stables, improvements or tracks upon property owned or leased by such licensee shall be subject to the approval of the commission. Said commission shall have power to compel the production of any and all books, memoranda, documents, papers, and records showing the receipts and disbursements of any person, corporation or association, licensed under the provision of this act to conduct race meetings. The commission may at any time require the removal of any employee or official employed by any licensee hereunder. The commission shall also have the power to require that the book and financial or other statements of any person, corporation or association licensed under the provision of this act shall be kept in any manner which to the commission may seem best, and that the commission shall also be authorized to visit, to investigate and to place expert accountants and such other persons as it may deem necessary, in the offices, tracks or places of business of any such person, corporation or association, for the purpose of satisfying itself that the commissions rules and regulations are strictly complied with, and the salaries and expenses of such expert accountants or other persons, shall be paid by the person, corporation or association to whom they are assigned. The said commission shall have power to summon witnesses before it and to administer oath or affirmations to such witnesses whenever, in the judgment of said commission, it may be necessary for the effectual discharge of their duties; and any person failing to appear before said commission at the time and place specified in answer to said summons, or refusing to testify, shall be deemed guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction, shall be punished by a fine of not more than $1,000 or by sentence to jail for not more than six months, or by both such fine and imprisonment, in the judgment of the court. Any false swearing on the part of any witness having appeared before such commission shall be deemed perjury and shall be punished as such.
Sec. 14. Every person or persons, association or corporation licensed to hold racing meets within the State of Nevada as hereinbefore provided, shall on or before the twentieth day of December of each year return to the commission a full statement, under oath, of their receipts for all sources whatsoever during the calendar year, and of all the expenses and disbursements, all itemized in manner and form as shall be directed by the commission and with such allowances as may be approved by the commission, showing the net revenue from all sources derived by such person, persons, association or corporation engaged in or conducting horse racing.
κ1951 Statutes of Nevada, Page 537 (CHAPTER 321, AB 294)κ
Sec. 15. The provisions of this act shall not apply to race meetings conducted by any state fair association, state or agricultural society, county fair, or any other association to which state or county aid is given; and no such agricultural society, county fair, or other association to which state or county aid is given shall hold a race meeting for a period of more than six days in any one year and no such state fair association shall hold a race meeting for more than ten days in any one year.
Sec. 16. In addition to the licensing of racing as hereinbefore provided, the commission is authorized in its discretion to issue license for the holding of trotting and pacing meeting at which there may be offered stakes, purses or awards, and the commission shall have supervisory powers over such meetings and those licensed in the same manner and to the same extent, where not inappropriate, as it has by virtue of the provisions of this act over those licensed under provisions of this act, together with a license fee of $25 for each day that races are held, provided that the racing commission shall not authorize not more than 100 days of racing with betting privileges in any one year to any one track.
Sec. 17. The Nevada racing commission as the same is hereby created and established is authorized to expend such sums of money received for the collection of license fees provided by section 9 of this act as it may deem proper for efficient administration of the purposes of this act.
Sec. 18. The provisions of this act are intended to be statewide and exclusive in their effect and no city, county or other political subdivision of the state shall have the authority or power to make or enforce any local law, ordinance or regulation upon the subject of racing.
Sec. 19. Any person aiding or abetting in the conduct of any meeting within the State of Nevada at which races of horses shall be permitted for any stake, purse or reward, except in accordance with a license duly issued and unsuspended or unrevoked by the Nevada racing commission, shall be guilty of a gross misdemeanor, and upon conviction, shall be punished by a fine of not less than $500 and not more than $2,000 or by imprisonment not exceeding one year, or both fine and imprisonment, in the discretion of the court.
Sec. 20. If by reason of any cause beyond control, and through no fault or neglect of any licensee, and while such licensee is not in default, it should become impossible, impracticable, or inadvisable for such licensee to hold or conduct racing upon any date or dates licensed by the commission, the commission in its discretion and at the request of such licensee shall have power to return the fees paid by such licensee for racing upon the days upon which it is impossible, impracticable or inadvisable for such licensee to hold or conduct racing and the decision of the commission in this regard shall be final.
Sec. 21. Any licensee holding a license for racing as hereinabove provided may hold as many charity races in any one meet as said licensee shall deem fit; provided, however, that no licensee shall hold more than five charity day races in any one racing meet. A charity race under this provision is defined to be a racing day where all the proceeds and revenue from all sources are contributed to a charitable organization or society as said terms are generally understood.
κ1951 Statutes of Nevada, Page 538 (CHAPTER 321, AB 294)κ
race under this provision is defined to be a racing day where all the proceeds and revenue from all sources are contributed to a charitable organization or society as said terms are generally understood.
Sec. 22. Should any of the sections or parts of sections contained in this act be held unconstitutional and void by the supreme court of the State of Nevada, it is hereby expressly declared that the remaining sections or parts of sections of said act are not to be invalidated, but are to remain in full force and effect as if the sections or parts of sections held unconstitutional had never been enacted.
Sec. 23. An act entitled An act to regulate the racing of horses in the State of Nevada, and to establish a state racing commission, and to define its powers and duties and prescribing a penalty for violation thereof and repealing all acts in conflict therewith, approved March 28, 1949, the same being chapter 195, Statutes of Nevada 1949, and all acts or parts of acts in conflict herewith are hereby repealed.
Sec. 24. Title of Act. This act shall be known and may be cited as the Nevada horse racing act.
Sec. 25. The act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 295Messrs. Capurro, Coulthard, Houssels, Humphrey, and Walters
CHAPTER 322
AN ACT to amend an act entitled An act to license and regulate the operation of pari-mutuel betting, on licensed racing and competitive sports events, in certain enclosures only, in Nevada; limiting deductions from pari-mutuel betting pools; requiring certain sums so deducted to be paid into the state treasury; designating the state tax commission to administer this act; prohibiting certain other forms of betting; providing penalties; and other matters properly relating thereto, approved March 29, 1949.
[Approved March 23, 1951]
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, being section 6226.03, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 3. The Nevada tax commission shall, before issuing a pari-mutuel wagering license under this act, charge and collect in advance from each applicant a license fee of fifty ($50) dollars per day ; provided, however, that said fee shall not be charged for horse racing if the applicant has filed with the tax commission a certificate executed by the Nevada state racing commission certifying that he is duly licensed by said racing commission and has paid the license fees required by the provisions of the Nevada horse racing act.
Sec. 2. Section 7 of the above-entitled act being section 6226.07, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 7. The commission deducted by any licensee from pari-mutuels shall not exceed thirteen (13%) percent of the gross amount of money handled in each pari-mutuel pool operated by him during the period of the license.
κ1951 Statutes of Nevada, Page 539 (CHAPTER 322, AB 295)κ
of money handled in each pari-mutuel pool operated by him during the period of the license. Said licensee shall pay unto the Nevada tax commission for the use of the State of Nevada a tax at the rate of two (2%) percent on the total amount of money wagered on any racing or sporting event, and shall be deposited by said Nevada tax commission in the state treasury to the credit of the general fund. The licensee may deduct odd cents less than ten (10ȼ) cents in paying bets.
Sec. 3. This act shall become effective upon its passage and approval.
________
Senate Bill No. 60Committee on Aviation, Transportation, and Highways
CHAPTER 323
AN ACT regulating the advertising of petroleum products or other motor vehicle fuel, providing for the size, uniformity and contents and form of advertising medium, and assessing a penalty for the violation thereof, and other matters relating thereto.
[Approved March 23, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. No person shall keep, maintain or display on or near the premises of any place of business in this state any advertising medium, which indicates or shows or advertises the price of gasoline or other motor vehicle fuel sold, offered for sale or advertised for sale from such premises, unless the actual price per gallon of gasoline or other motor vehicle fuel, including taxes, is also shown on such advertising medium, together with the word or words gasoline or motor fuel and the trade name, brand, and name of responsible refiner of gasoline or other motor vehicle fuel product advertised for sale by such advertising medium.
Sec. 2. No person offering for sale or selling any gasoline or motor vehicle fuel from any place of business in the State of Nevada shall post or display a sign or statement or other advertising medium reading, in substance, save a designated amount, or a designated amount per gallon, such as save 5 cents or save 5 cents per gallon, or using the expression off a designated amount, such as 5 cents off or 5 cents less, or discount of a given amount, such as 5 cents discount, or otherwise using the words save, off, discount, wholesale, below, or any of them, or a word or words of similar meaning or other phraseology indicating a reduced price, unless there is posted and displayed in letters of equal size and as part of the same sign, statement or other advertising medium, the total price, including all taxes, at which gasoline or motor vehicle fuel is being sold or offered for sale, designating the price for each brand or trade name of gasoline or motor vehicle fuel being sold or offered for sale.
The size of the letters, words, figures or numerals used for the purpose of indicating or showing the total price per gallon, including all taxes shall be of a size as provided under the provisions of section four (4) of this act.
κ1951 Statutes of Nevada, Page 540 (CHAPTER 323, SB 60)κ
taxes shall be of a size as provided under the provisions of section four (4) of this act.
Sec. 3. If gasoline or other motor vehicle fuel is offered for sale or advertised for sale from the premises of any place of business in this state, but not under any trade name or brand name, then the words no brand shall be used and designated on the advertising medium.
Sec. 4. All letters, figures or numerals used in designating the brand name or words no brand in any advertising medium referred to in this article, shall be of uniform size and at least six inches in height and the height shall not be more than twice the dimension of the width of each such letter, or figure or numeral.
Sec. 5. All letters used in designating the word gasoline or the words motor fuel shall be at least four inches in height and the height shall not be more than twice the dimension of the width of each such letter.
Sec. 6. All letters, words, figures or numerals used on the advertising medium referred to in this article for the purpose of indicating or showing prices of gasoline or other motor vehicle fuel sold or advertised for sale shall be uniform in size and shall not be more than twice the size of the letters, figures or numerals used to designate the brand name, or the words no brand.
Sec. 7. The advertising medium referred to in this article shall not contain any other advertising matter whatsoever, except words of description of the product sold or offered for sale, and if words of description of the product offered for sale or advertised for sale by any such sign are used, the letters, figures or numerals which form any words, marks, letters, figures or numerals of description shall not be larger than the words, marks, letters, figures or numerals used in forming or designating the brand name or the words no brand.
Sec. 8. For the purpose of this article, fractions are considered one numeral.
Sec. 9. The numeral one or the letter l need not conform to specifications prescribed for other letters, words, figures or numerals by this article but all letters, words, figures or numerals shall be the same type and design and shall be uniform with other letters, words, figures or numerals with which type are used.
Sec. 10. All letters, words, figures or numerals appearing on any advertising medium referred to in this article shall be plainly visible and of such colors or tints as will contrast such letters, words, figures or numerals with the remaining parts of the advertising medium.
Sec. 11. All words, letters, figures or numerals on the advertising medium referred to in this article which form or designate the brand name or the words no brand shall be of like color or tint, and all words, letters, figures or numerals designating or indicating the price of gasoline or other motor vehicle fuel so offered for sale shall be of like color or tint, and all letters in the word gasoline or the words motor fuel shall be of like color or tint.
Sec. 12. No advertising medium shall be placed on the premises of any place of business in this state in such a manner or in such a position to another advertising medium as will render the advertising medium advertising gasoline or other motor vehicle fuel offered for sale susceptible of being read in conjunction with any other advertising medium, if any person reading from any public street, or highway may be misled.
κ1951 Statutes of Nevada, Page 541 (CHAPTER 323, SB 60)κ
medium advertising gasoline or other motor vehicle fuel offered for sale susceptible of being read in conjunction with any other advertising medium, if any person reading from any public street, or highway may be misled.
Sec. 13. It is unlawful to place letters, words, figures or numerals on any advertising medium located or maintained on the premises of any place of business in this state advertising or offering for sale any goods, wares or merchandise, other than gasoline or motor vehicle fuel, which advertising medium may be construed by any reasonable person as advertising or offering for sale gasoline or other motor vehicle fuel.
Sec. 14. No person shall keep, maintain or display on the premises or near any place of business in this state any advertising medium, which indicates or shows or advertises the price of motor oil or lubricating oil offered for sale or advertised for sale from such premises without clearly and conspicuously showing on the same advertising medium where such price is advertised, the trade name or brand name of the particular motor oil or lubricating oil, the price of which is so advertised together with the words motor oil or lubricating oil. If such motor oil or lubricating oil has no brand name or trade name, then the words no brand shall be displayed in connection with the designation of the product.
Sec. 15. (a) All letters, figures or numerals, used in designating the brand name or the words no brand which are part of any advertising medium indicating, showing or advertising the price of lubricating oil or motor oil shall be uniform size, type and design and may be of any convenient height except that the height shall not be more than twice the dimension of the width of each such letter, figure or numeral.
(b) All letters used in designating the words motor oil or lubricating oil which are part of any advertising medium indicating, showing or advertising the price of lubricating oil or motor oil shall be of uniform size, type and design and shall not be less than one-half the size nor greater than the size, either in height or width, of any letters, figures or numerals designating the brand name of the motor oil or lubricating oil being advertised.
(c) All letters, words, figures or numerals used for the purpose of indicating the price of motor oil or lubricating oil shall be uniform in size and shall not be more than twice the size of the letters, figures or numerals used for the purpose of designating the brand name or the words no brand.
(d) All letters, figures or numerals used for designating the brand name or the words no brand when used as part of any advertising medium indicating, showing or advertising the price of motor oil or lubricating oil shall be of like color or tint.
(e) All letters, figures or numerals used for designating the price of motor oil or lubricating oil shall be of like color or tint.
(f) All letters used in designating the words motor oil or lubricating oil when used as a part of any advertising medium indicating, showing or advertising the price of motor oil or lubricating oil shall be of like color or tint.
κ1951 Statutes of Nevada, Page 542 (CHAPTER 323, SB 60)κ
showing or advertising the price of motor oil or lubricating oil shall be of like color or tint.
(g) All such color or tint shall contrast with the background and other parts of such advertising medium.
Sec. 16. It is unlawful for any person engaged in the business of selling at retail any gasoline or other motor fuel or any distillate, or kerosene, or any lubricating or motor oil for internal combustion engines, to display any sign or other designating mark at or near the place of business of such person describing or designating a brand, trademark or trade name or the words no brand of a gasoline or other motor fuel, distillate, kerosene, or lubricating or motor oil for internal combustion engines, not actually sold or offered for sale or delivery at such place of business.
Sec. 17. This act shall be administered by the public service commission of the State of Nevada.
Sec. 18. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 75Committee on Public Health
CHAPTER 324
AN ACT authorizing the state department of health to enter into cooperative agreements with the childrens bureau of the federal security agency concerning the finding, diagnosis and treatment of the crippling conditions of childhood including rheumatic fever; defining its powers and duties; making an appropriation therefor, and other matters relating thereto.
[Approved March 23, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state department of health is hereby authorized to enter into a cooperative agreement or agreements with the childrens bureau of the federal security agency, prescribing the manner, terms and conditions of cooperation by the said state department of health and the said childrens bureau of the federal security agency in providing for the finding, diagnosis and treatment of crippling conditions of childhood, including rheumatic fever. Said agreements may provide for the amounts which the state and federal governments will contribute under said agreement and said state department of health shall be bound and governed by said agreement or agreements.
Sec. 2. There is hereby appropriated from the general fund the sum of eighty-eight thousand dollars ($88,000), for the biennium ending June 30, 1953, for the purpose of carrying out the provisions of this act.
Sec. 3. This act shall be in full force and effect from and after its passage and approval for the purpose of negotiating and signing the agreement or agreements provided for in section 1 hereof. Provided, however, that no expenditures can be made from the appropriation provided by section 2 of this act prior to July 1, 1951.
________
κ1951 Statutes of Nevada, Page 543κ
Senate Bill No. 68Senator Robbins
CHAPTER 325
AN ACT relating to the economy and general welfare of the State of Nevada and its counties; declaring the public policy of the state; to prevent the transfer of the place of use of waters appurtenant to lands in Nevada to points without the state, and to repeal all acts and parts of acts in conflict herewith.
[Approved March 23, 1951]
Whereas, The State of Nevada has declared heretofore that the waters of all sources of water supply within the boundaries of the state, whether above or beneath the surface of the ground, belong to the public, and that all water used in this state for beneficial purposes shall remain appurtenant to the place of use, except for transfer to other places of use within the State of Nevada upon complying with certain laws and procedures, and
Whereas, The use of water on lands that lie within the State of Nevada is directly connected with the economy and public welfare, and the development of the State of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. It is hereby declared to be contrary to the economic welfare and against the public policy of the State of Nevada to change the place of use or transfer, or to permit a change of the place of use or transfer of water or water rights for use beyond the borders of the State of Nevada, as to any water heretofore or hereafter appropriated and beneficially used in the State of Nevada for irrigation or other purposes, and no permit or authorization shall be issued or given for such change of use or transfer.
Sec. 2. This act shall not apply to nor is it intended to affect waters or water rights as to such waters as shall have heretofore been and which now are diverted in Nevada and which were heretofore and now are used for domestic or industrial purposes beyond the borders of the State of Nevada.
Sec. 3. Each section of this act and every part of each section is hereby declared to be independent sections, and parts of sections, and the holding of any section or part thereof to be void and ineffective for any cause shall not be deemed to affect any other section or any part thereof.
Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 5. This act shall become effective immediately upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 544κ
Assembly Bill No. 165Mr. Hawes
CHAPTER 326
AN 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 the state fish and game commission, county game management boards, and certain other 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 regulation and licensing 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 establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and 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 22, 1947, as amended.
[Approved March 23, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 6 of the above-entitled act, being section 3035.06, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Open season shall mean that period of time designated by the county game management boards and/or the state commission during which it shall be legal to take or attempt to take any species of game, fish, game bird, migratory game bird, game animal, or fur-bearing animal.
Closed season shall mean all periods of time except those designated as open season.
Regular season shall mean an open season for which tags are placed on general sale without limit as to the number of resident hunters who may participate, and which shall be state-wide in extent, except for variation in date between districts or the reservation of any area for special management as a special season. The number of nonresident tags may be limited by district in a regular season.
Special season shall mean an open season for which tags are placed on restricted sale to residents and nonresidents, whereby only a certain number may be issued, as determined by lot or otherwise. Special seasons are those designated for special management or control not possible in regular seasons.
Sec. 2. There is added to said act a new section to be known as section 10.1, which shall immediately follow section 10 and shall read as follows:
Section 10.1. Establishment of Cooperative Game Management Areas. The commission is authorized to enter into agreements with landowners, individually or in groups, to establish game management areas and to make regulations necessary thereto for the purpose of providing greater areas for the public to hunt on private lands and to protect the landowner or lessee from damage due to trespass or excessive hunting pressure.
κ1951 Statutes of Nevada, Page 545 (CHAPTER 326, AB 165)κ
to protect the landowner or lessee from damage due to trespass or excessive hunting pressure. Such agreement shall provide that the commission shall designate certain portions of the areas as closed zones for the protection of livestock, buildings, persons, and other properties. Such zones shall be posted conspicuously along all boundaries and it shall be illegal to hunt or trespass therein, or to hunt on any cooperative area contrary to the regulations provided. The agreement herein authorized may designate the number of hunters who may be admitted to the area, if such limitation is necessary or desirable.
Sec. 3. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 99Committee on Public Health
CHAPTER 327
AN ACT to amend an act entitled An act to permit the state to assist, extend, and improve the care of persons in active stages of tuberculosis being cared for at public expense, outlining the powers and duties of the state board of health in controlling tuberculosis and designating approved hospitals for such care, establishing rules and regulations, making an appropriation therefor, and other matters relating thereto, approved March 27, 1947.
[Approved March 23, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act being section 4 of chapter 183, Statutes of 1947, as amended by section 1, chapter 172 Statutes of 1949, is further amended to read as follows:
Section 4. The state shall reimburse the county a sum not to exceed seven dollars ($7) per patient day for hospitalization, treatment and medical care under rules and regulations provided by the state board of health; provided, however, that such reimbursement shall be made by the state for such time as funds are available under the provisions of this act, and when such funds have been expended, the state shall not thereafter be obligated.
Sec. 2. Section 9 of the above-entitled act being section 9, chapter 183, Statutes of 1947, as amended by section 3, chapter 172, Statutes of 1949, is further amended to read as follows:
Section 9. For the purposes of carrying out the provisions of this act there is hereby appropriated out of any fund in the state treasury, not otherwise specially appropriated, the sum of one hundred forty thousand dollars ($140,000).
________
κ1951 Statutes of Nevada, Page 546κ
Assembly Bill No. 318Committee on Social Welfare
CHAPTER 328
AN ACT to amend an act entitled An act relating to public welfare, creating the state welfare department, defining its powers and duties, making an appropriation, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, which became a law March 30, 1949, without the governors signature.
[Approved March 23, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10 of the above-entitled act, being section 5146.10, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 10. The state welfare department shall:
(1) Administer all public welfare programs of this state, including old-age assistance, blind assistance, aid to dependent children, general assistance, child welfare services, and other such welfare activities and services as now are or hereafter may be authorized or provided for by the laws of this state and vested in the department.
(2) Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal funds granted to the state to aid in the furtherance of any services and activities as hereinabove set forth.
(3) Make rules and regulations for the administration of this act which shall be binding upon all recipients and local units.
(4) Conduct research, compile statistics on public welfare, determine welfare needs and make recommendations for meeting such needs.
(5) Cooperate with the federal government in adopting state plans, and in all matters of mutual concern, including adoption of such methods of administration as may be found by the federal government to be necessary for the efficient operation of welfare programs.
(6) Make all investigations required by a court in adoption proceedings as provided by law.
(7) Establish reasonable minimum standards and regulations for foster homes, and shall license the same as provided by law.
(8) Provide services and care to children, shall receive any child for placement, and shall provide for their care directly or through agents.
(9) Cooperate and advise with the state welfare board and superintendent of the Nevada state childrens home in such matters as may be referred to the state welfare department by the state welfare board or superintendent of state childrens home.
Sec. 2. The act shall be in full force and effect from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 547κ
Assembly Substitute for Assembly Bill No. 232Committee on Ways and Means
CHAPTER 329
AN ACT making an appropriation to provide support for Carson City school district No. 1, Ormsby County; to cover an expected deficiency in the cost of providing educational facilities for the children of the Nevada state childrens home, and other matters relating thereto.
[Approved March 23, 1951]
Whereas, The children attending school from the Nevada state childrens home are in attendance in Carson school district No. 1, Ormsby County; and
Whereas, The daily attendance of children from the state childrens home constitutes an average daily attendance of eighty-five children per day; and
Whereas, It has been necessary to secure certain emergency class rooms at a total cost of $16,400, and to amortize the cost thereof at the rate of $4,100 per year for a period of four years; and
Whereas, The total cost of providing classrooms and general educational facilities for the students of the Nevada state childrens home is approximately $23,000 per year; and
Whereas, By reason of the increased attendance and general higher costs of operation occasioned thereby the Carson City school district No. 1 will have insufficient funds during the next biennium to satisfactorily meet the additional expenditures set forth herein; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium commencing July 1, 1951, there is hereby appropriated from the general fund the sum of $46,000 to effectuate the purposes of this act as above recited.
________
κ1951 Statutes of Nevada, Page 548κ
Senate Bill No. 153Senator Horlacher
CHAPTER 330
AN ACT to amend an act entitled An act creating an industrial insurance commission; providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act, approved March 27, 1947, as amended.
[Approved March 23, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 39 of the above-entitled act, being section 2680.39, 1929 N. C. L., 1949 Supp., is hereby amended to read as follows:
Section 39. (a) The administration of this act is hereby imposed upon a commission to be known as the Nevada industrial commission; and said commission, to consist of three (3) commissioners, is hereby created; two of the said commissioners shall be appointed by the governor, and when so appointed the governor shall designate one of said appointees to be the chairman of the commission, and the second appointee, other than the chairman, shall be designated by the governor to act as ex officio labor commissioner. The third commissioner shall be appointed by an industrial commission board which is hereby created, said board to consist of the governor, attorney general and inspector of mines; not more than two of the commissioners shall be members of the same political party at the date of any appointment. Vacancies shall be filled in the same manner for unexpired terms. Each commissioner shall hold office for the term of four (4) years from and after the date of his appointment, and until his successor shall be appointed and shall have qualified; provided, however, that the appointments of the members of the commission heretofore, and prior to the effective date of this act, made pursuant to section 8 of an act entitled An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act, approved March 15, 1913, as amended by chapter 190, 1915 Statutes of Nevada, page 282, and as amended by chapter 191, 1935 Statutes of Nevada, page 412, and as amended by chapter 136, 1943 Statutes of Nevada, page 186, shall be continued in full force and effect for the remainder of the term of each of said members of the Nevada industrial commission, respectively. A decision on any question arising under the act concurred in by two of the commissioners shall be the decision of the commission.
κ1951 Statutes of Nevada, Page 549 (CHAPTER 330, SB 153)κ
question arising under the act concurred in by two of the commissioners shall be the decision of the commission.
(b) The industrial commission board may remove any commissioner for inefficiency, neglect of duty, or misconduct in office, giving him a copy of the charges against him and an opportunity of being publicly heard in person or by counsel in his own defense, upon not less than ten days notice. If such commissioner shall be removed, the industrial commission board shall file in the office of the secretary of state a complete statement of all charges made against such commissioner, and the findings thereon, together with a complete record of the proceedings.
(c) As compensation for his services, the chairman of the commission shall receive the sum of five hundred and fifty dollars ($550) per month, and shall also serve as executive officer of the commission, in charge of the office and affairs of the commission. The member of the commission herein designated as the second appointee and ex officio labor commissioner shall receive for his services the sum of two hundred and fifty dollars ($250) per month. The member of the commission herein designated as the the third commissioner shall receive for his services the sum of four hundred dollars ($400) per month. The executive officer of the commission shall not be financially interested in any business interfering or inconsistent with his duties. A member of the commission, or an employee of the commission, shall not serve on any committee of any political party.
Sec. 2. This act shall become effective from and after its passage and approval.
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Senate Bill No. 171Committee on State Institutions
CHAPTER 331
AN ACT concerning the mentally ill of the state, providing for the administration and organization of the Nevada state hospital, providing for the admission and care of mentally ill persons, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto.
[Approved March 24, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following words shall have the following meaning within the purview of this act and shall be so construed:
(1) Hospital means the Nevada state hospital.
(2) Board means the hospital advisory board.
(3) Superintendent means the superintendent and medical director of the Nevada state hospital.
Sec. 2. That certain public institution heretofore established and maintained for the care of the mentally ill of the state shall be known and called the Nevada state hospital, and the words insane asylum, institute for the care of the insane, and all words of like import used in any law, process, investigation, subpoena, or commitment, or in relation to any board or commission pertaining to or in any way concerning the arrest, examination, detention, or care of the mentally ill in this state shall be deemed to relate to the Nevada state hospital, and all processes and proceedings relating to the mentally ill of the state shall be conducted in that name.
κ1951 Statutes of Nevada, Page 550 (CHAPTER 331, SB 171)κ
in relation to any board or commission pertaining to or in any way concerning the arrest, examination, detention, or care of the mentally ill in this state shall be deemed to relate to the Nevada state hospital, and all processes and proceedings relating to the mentally ill of the state shall be conducted in that name.
Sec. 3. There is hereby created a hospital advisory board composed of five members appointed by and responsible to the governor, and serving at the pleasure of the governor. No two members shall be residents of the same county. Members of the hospital advisory board shall be selected with special reference to their ability and fitness to effectuate the purposes of this act.
Sec. 4. The members of the board shall meet at such times and at such places as they shall deem necessary; provided, however, that a meeting of the board shall be held at quarterly intervals. At the first meeting subsequent to the appointment of any new member, the board shall elect one of its members as chairman. The board shall prescribe rules and regulations for its own management and government, and it shall have only such powers and duties as may be authorized by law. Three members of the board shall constitute a quorum, and such quorum may exercise all the power and authority conferred on the board.
Sec. 5. The hospital advisory board shall be an advisory body to the superintendent, and as such shall have the following advisory powers and duties:
(1) To be informed on and interested in the entire field of legislation and administration concerning metal illness.
(2) To advise the superintendent concerning the organization and administration of the hospital. The superintendent shall report to the board upon all matters concerning the administration of his office, and he shall request the advice and counsel of the board on matters concerning the policy thereof; provided, however, that the superintendent shall be the final authority for the conduct and policies of the hospital and its administrative functions, unless otherwise provided by law.
(3) To report to the governor and legislature on all matters which it may deem pertinent to the hospital, and concerning any specific matters previously requested by the governor.
(4) To advise and make recommendations to the governor or legislature relative to the mental hygiene policy of the state.
(5) To advise the superintendent with respect to the preparation and amendment of rules and regulations to give effect to the provisions of this act.
(6) To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this act.
(7) To keep minutes of the transactions of each board meeting, regular or special, which shall be public records and filed with the hospital.
Sec. 6. For each days attendance at each meeting of the board, the members of the board shall receive the per diem expense allowance and travel expenses as fixed by law.
κ1951 Statutes of Nevada, Page 551 (CHAPTER 331, SB 171)κ
the members of the board shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 7. The superintendent of the hospital shall be appointed by and responsible to the hospital advisory board. The superintendent shall be appointed on the basis of merit under the provisions of the state merit and personnel system if and when such system is established, and shall be in the classified service. If such system is not established, he shall serve at the pleasure of the board. He shall reside on the hospital grounds in quarters to be furnished by the hospital. Except as otherwise provided by law, his only compensation shall be an annual salary which shall be fixed in accordance with the pay plan adopted by the state merit and personnel system; provided, however, that until such system is established, such annual salary shall be ten thousand five hundred dollars ($10,500). He shall receive the per diem expense allowance and travel expenses as fixed by law, and shall be allowed the use of the laundry facilities at the hospital.
Sec. 8. The superintendent shall hold a degree of doctor of medicine from a medical school accredited by the American medical association, he shall be fully licensed to practice medicine in Nevada, he shall have training and experience in the field of psychiatry, and he shall have at least five years of demonstrated successful experience in the administration of a state mental institution or of a comparable private sanitarium. He shall be selected on the basis of his training, experience, capacity, and interest in the care of mentally ill persons, and in the administration of mental institutions.
Sec. 9. The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation. He shall be the executive and administrative head of the hospital, and as such shall have the following powers and duties:
(1) To exercise general supervision of, and make and revise rules and regulations for the government of the hospital.
(2) To be responsible for and to supervise and the fiscal affairs and responsibilities of the hospital.
(3) To make reports to the hospital advisory board, and to supply the legislature with material on which to base legislation.
(4) To keep the complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
(5) To inform the public in regard to the activities and operation of the hospital, and to give other information which will acquaint the public with mental hygiene problems.
(6) To invoke any legal, equitable, or special procedures for the enforcement of his orders or the enforcement of the provisions of this act.
(7) To cause to be kept a fair and full account of all medical affairs.
(8) To perform neurological and psychiatric examinations at the Nevada state prison, the Nevada state orphans home, and the Nevada school of industry when requested by the superintendents of those institutions.
κ1951 Statutes of Nevada, Page 552 (CHAPTER 331, SB 171)κ
school of industry when requested by the superintendents of those institutions.
(9) To have standard medical histories currently maintained on all patients, and to administer the accepted and appropriate treatments to all patients under his care.
(10) To undertake any diagnostic, medical, or surgical procedure in the interest of the patient, and to give the required consent to a surgical operation upon any incompetent on behalf of the patient, where there is no known kindred or other person with legal authority to give such consent; provided, however, the decision to perform such surgical operation shall be arrived at only after consultation and approval of at least two other physicians and surgeons licensed to practice in this state.
(11) To submit a biennial report to the governor and the legislature of the condition, operation, and functioning of the hospital, and the anticipated needs of the hospital.
Sec. 10. The superintendent shall appoint such medical, technical, clerical, and operational staff as the execution of his duties, the care of the patients, and the maintenance and operation of the hospital may require, said appointments to be made in accordance with the provisions of the state merit and personnel system if such is established.
Sec. 11. One or more physicians shall be employed, who shall hold degrees of doctor of medicine from medical schools accredited by the American medical association, and they shall be licensed to practice medicine as provided by law. Except as otherwise provided by law, their only compensation shall be an annual salary which shall be fixed in accordance with the pay plan adopted by the state merit and personnel system; provided, however, that until such system is established, such annual salary shall be determined by the superintendent. The resident physician shall be allowed the use of the laundry facilities at the hospital. The physicians shall perform such duties pertaining to the care and treatment of patients at the hospital as may be required by the superintendent.
Sec. 12. Before entering upon the duties of his office, the superintendent shall execute and deliver a surety bond, in such form as may be prescribed by law, payable to the State of Nevada, in the sum of ten thousand dollars ($10,000) conditioned for the faithful performance of all duties which may be required of him.
Sec. 13. Surety bonds may be executed for such other hospital employees and in such amounts as may be prescribed by the superintendent.
Sec. 14. Funds to carry out the provisions of this act shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the superintendent before they are paid.
Sec. 15. The state hospital revolving fund is hereby created, and may be used for the payment of hospital bills requiring immediate payment, and for no other purposes. The superintendent is hereby directed to deposit said revolving fund in one or more banks of reputable standing.
κ1951 Statutes of Nevada, Page 553 (CHAPTER 331, SB 171)κ
directed to deposit said revolving fund in one or more banks of reputable standing. Payments made from the state hospital revolving fund shall be promptly reimbursed from appropriated funds of the hospital on claims as other claims against the state are paid.
Sec. 16. For the purpose of providing the state hospital revolving fund heretofore created, there is hereby appropriated from the general fund the sum of seven hundred and fifty dollars ($750).
Sec. 17. The superintendent is hereby authorized to accept funds and valuables of patients for safekeeping pending their discharges, and is hereby directed to deposit such funds in one or more banks of reputable standing. He shall cause to be kept a fair and full account of such funds and valuables, and shall submit reports to the board relative to such funds and valuables as may be required from time to time.
Sec. 18. No employee of the hospital shall be required to work and labor more than eight hours in one day, or more than forty-eight hours in one week.
Sec. 19. Any person or employee of the hospital who willfully abuses a patient of the hospital, or who brings intoxicating beverages into buildings occupied by patients, or who is under the influence of liquor while employed in contact with patients, shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail for not more than six months, or by a fine of not more than five hundred dollars ($500), or by both. Any person who is convicted of a misdemeanor under this section shall, for a period of five years, be ineligible for appointment to or employment in a position in the state service, and if he is an officer or employee of the state, shall forfeit his office or position.
Sec. 20. The use of cemeteries now located on the hospital grounds is hereby prohibited. It shall be the duty of the superintendent to provide a decent burial for any deceased patient at any cemetery without the hospital grounds, and he is hereby authorized to enter into a contract with any person or persons, including governmental agencies or other instrumentalities, as he deems proper for such a decent burial. Where there are known relatives, and they are financially able, the cost of the burial shall be borne by such relatives. Where there are no known relatives, the cost of such burial shall be a charge against the State of Nevada, but the cost thereof shall not exceed the amount charged for the burial of indigents in the county in which the burial takes place. Upon the death of a patient, any known relatives or friends of such patient shall be notified immediately of the fact of death.
Sec. 21. It shall be the duty of the judge of the district court in each judicial district in this state, upon the application of any person under oath setting forth that any person is mentally ill, to cause the said person to be brought before him at such time and place as he may direct. Said judge may direct the clerk of said court to issue subpoenas for the attendance of witnesses at the examination of said person. Persons alleged to be mentally ill shall be given professional examinations by two licensed practicing physicians within a period of three days prior to the hearing, and the physicians shall testify to the court as to the mental condition of the patient and such other matters relating to the alleged illness.
κ1951 Statutes of Nevada, Page 554 (CHAPTER 331, SB 171)κ
examinations by two licensed practicing physicians within a period of three days prior to the hearing, and the physicians shall testify to the court as to the mental condition of the patient and such other matters relating to the alleged illness. If said physicians, after careful examination, shall certify upon oath that the charge is correct, and if the judge is satisfied that such person is mentally ill, and is unable to provide for his or her own proper care and support, and has no property applicable for such purpose, and no kindred in the degree of husband or wife, father or mother, or children, of sufficient means and ability to provide properly for such care and support, he shall cause the said person to be conveyed to the Nevada state hospital, at the expense of the state, and place the said person in charge of the superintendent of the hospital, together with a copy of the complaint, commitment, and the physicians certificate, and a full and complete transcript of the notes of the official court reporter made at the examination of said person before the committing judge. The judge shall interview such person prior to commitment, unless the interview is waived for cause upon a physicians certificate.
Sec. 22. The expenses of the entire proceedings as determined by the judge shall be paid out of county funds, or shall be paid by financially able relatives. Examining physicians shall be paid a reasonable sum for their services, the amount to be determined by said judge and paid as he shall order, but not to exceed fifteen dollars ($15) for a half day, or twenty-five dollars ($25) for a whole day. Said official reporter shall be compensated as ordered by the judge, the fees to be paid as prescribed by law.
Sec. 23. In cases of counties where the required examining physicians are not available, commitment proceedings shall be conducted in the nearest county having such examining physicians available, in order that there be minimum delay. The county in which the application is filed shall pay the cost of the proceedings.
Sec. 24. Committed persons receiving income aggregating five hundred dollars ($500) or more annually shall have a guardian appointed either by the committing court or by the district court of the county wherein the hospital is located, on the application of any interested person, or in the case of indigents, on the application of the district attorney of the county wherein the hospital is located. In approving guardians, preference shall be given to responsible relatives in the first and second degree of consanguinity, provided that they are residents of the State of Nevada. Guardians shall be required to post bond sufficient to protect the hospital for the continuing cost of care.
Sec. 25. It shall be the duty of the judge of the district court in each judicial district in this state, upon the application of any person under oath setting forth that any person, who is a resident of this state, as defined by this act, is so far addicted to the intemperate use of stimulants as to have lost the power of self control, or is subject to dipsomania or inebriety, or a person who habitually takes or otherwise uses any opium, morphine, cocaine, or other narcotic or habit-forming drugs, to cause said person to be brought before him at such time and such place as he may direct.
κ1951 Statutes of Nevada, Page 555 (CHAPTER 331, SB 171)κ
time and such place as he may direct. Said judge may direct the clerk of the court to issue subpoenas for the attendance of witnesses at the examination of said person, and such witnesses shall be paid their actual expenses caused by their attendance aforesaid, the amount of said expenses to be determined by said judge and paid out of county funds as he shall order.
Sec. 26. Whenever it appears by affidavit to the satisfaction of a magistrate of a county that any person is an inebriate, dipsomaniac, or a drug addict, he shall deliver to some peace officer for service, a warrant directing that the person be apprehended and taken before a judge of the district court for a hearing and examination on such charge. The officers shall thereupon apprehend and detain such person until hearing and examination can be had. At the time of the apprehension a copy of the affidavit and warrant of apprehension shall be personally delivered to the person so charged.
Sec. 27. The person charged shall be taken before a judge of the district court, to whom the affidavit and warrant of apprehension shall be delivered to be filed with the clerk. The judge shall then inform him of his rights to make a defense to such charge and to produce witnesses thereto. The judge shall by order fix such time and place for the hearing and examination in open court as will give a reasonable opportunity for the production and examination of witnesses. Such witnesses shall be subpoenaed and paid as provided in the hearing upon application. The judge may order that notice of the apprehension of the person and hearing of the charge be served on such relatives of the person known to be residing in the county as the court deems necessary or proper.
Sec. 28. If after a hearing and examination, the judge believes the person charged is an inebriate or dipsomaniac, or that such person is a drug addict, he shall make an order committing such person to the Nevada state hospital for an indeterminate period of not less than six months nor more than one year; but no such order shall be made in respect to any person who has theretofore been committed to and has received treatment at said hospital unless there has been first filed with the court a written report of the superintendent of the hospital stating that the person is a suitable case for treatment at said hospital, and if such report is not filed the person so charged shall forthwith be discharged by the court. The judge shall interview such person prior to commitment, unless the interview is waived for cause upon a physicians certificate.
Sec. 29. At the hearing the court shall inquire into the financial condition of the person committed. If the court finds such person or any kindred in the degree of husband or wife, father or mother, or children, of sufficient means and ability, an order shall be made requiring him or them to pay the expenses of the proceeding in connection with his commitment.
Sec. 30. Upon arrival at the hospital, the superintendent shall inquire into the financial condition of the person committed. If he finds such person or any kindred in the degree of husband or wife, father or mother, or children, of sufficient means and ability to provide for the care and treatment of such person, he shall require him or them to pay the hospital for his maintenance and treatment at the monthly rate therefor as fixed and determined by the superintendent, together with expenses necessarily incurred in transmitting said person to the hospital.
κ1951 Statutes of Nevada, Page 556 (CHAPTER 331, SB 171)κ
father or mother, or children, of sufficient means and ability to provide for the care and treatment of such person, he shall require him or them to pay the hospital for his maintenance and treatment at the monthly rate therefor as fixed and determined by the superintendent, together with expenses necessarily incurred in transmitting said person to the hospital. Such relatives that are responsible for the cost of care, and have sufficient means and ability to do so, shall not leave the jurisdiction of the state without advance provision for the continuing support of the person committed in a manner acceptable to the superintendent.
Sec. 31. The superintendent shall advise the district attorney of the county in which the mentally ill person or kindred in the degree of husband or wife, father or mother, or children reside, of any failure on the part of such persons to make such payments, and the circumstances incidental thereto, and the district attorney shall cause appropriate legal action to be taken to enforce the collection of all or part of such amount.
Sec. 32. If the person so committed is unable to provide such payment, and has no property applicable for such purpose, and no kindred in the degree heretofore provided, said person shall be conveyed to and cared for at the hospital at the expense of the state.
Sec. 33. The expense of transporting indigent mentally ill persons from the various counties of the state to the hospital shall be a charge upon the state, and shall be paid out of funds appropriated for the support of the hospital.
Sec. 34. When any commitment is issued under the provisions of this act, the person committed, together with the warrants of the judge and certificates of the physicians and a full and complete transcript of the notes of the official court reporter, made at the examination of such person, before the committing magistrate, must be delivered to the sheriff of the county, and by him to the agent appointed by the superintendent to convey such person to the hospital. Upon receipt of notice from the sheriff, the superintendent shall at once designate some person among the employees of the hospital as an agent to transport such mentally ill person to the hospital; provided, however, that a relative of the mentally ill person in the first degree shall have the first right at his or her own expense to act as attendant for such mentally ill person. No female mentally ill person may be conveyed to the hospital without at least one female attendant or a relative in the first degree being in attendance.
Sec. 35. Whenever a person legally adjudged to be mentally ill is deemed by the court or the superintendent of the hospital to be a menace to public safety, and the court is satisfied that the facilities at the hospital are inadequate to keep such mentally ill person safely confined, the court may upon application of the superintendent commit such person to the Nevada state prison, where he shall be confined until the further order of the committing court either transferring him to the hospital or declaring him to be no longer mentally ill; provided, however, that no person shall be ordered committed to the Nevada state prison under the terms of this act unless the consent of the board of state prison commissioners has been first obtained.
κ1951 Statutes of Nevada, Page 557 (CHAPTER 331, SB 171)κ
of state prison commissioners has been first obtained. All the provisions of law, so far as the same are applicable, relating to the confinement of mentally ill persons in the Nevada state hospital shall apply to confinement of mentally ill persons in the Nevada state prison.
Sec. 36. Whenever a convict, while undergoing imprisonment in the Nevada state prison, shall become mentally ill, and be so adjudged by a court as in other cases of mental illness. it shall be the duty of the warden to deliver such convict to the superintendent of the Nevada state hospital, for detention and treatment therein.
Sec. 37. The superintendent of the hospital shall receive such mentally ill convict and safely keep him, and if such convict be cured of such mental illness before the expiration of his sentence to prison, the superintendent shall deliver him to the warden thereof, who shall retain such convict therein for the unexpired term of his sentence, unless said convict shall be released by order of the board of pardons and parole commissioners. An escape from the hospital by any convict therein shall be deemed an escape from the state prison and be punished as such.
Sec. 38. The superintendent of the hospital is hereby authorized to receive and care for mentally deficient, noneducable children of the State of Nevada at state expense, when properly committed to said hospital.
Sec. 39. The superintendent of the hospital may discharge any patient at any time who in his opinion has recovered from his mental illness, or is a dotard and not mentally ill, or who is a person who in the judgment of the superintendent will not be detrimental to the public welfare or injurious to himself. No committed indigent patient shall be discharged except upon ten days written notice being first given to the county clerk of the county from which such patient was committed; provided, however, that nothing herein contained shall authorize the release of any person held upon an order of a court or judge having criminal jurisdiction arising out of a criminal offense.
Sec. 40. An indigent patient discharged by the superintendent because he is a dotard, and not mentally ill, shall be received by the authorities of the county having charge of the poor in the county from which he was committed, and the cost of returning him to the county shall be a charge upon that county.
Sec. 41. The superintendent may conditionally release into the custody of any relative, friend, or guardian who will be responsible for his conduct any patient who is not fully recovered but whose parole, in the judgment of the superintendent, will not be detrimental to the public welfare or injurious to the patient.
Sec. 42. For the purpose of repatriation, all nonresident patients who are confined in, admitted, or committed to the hospital may be returned to the state in which they have legal residence. For the purpose of facilitating the return of such patients, the superintendent may enter into reciprocal agreements, consistent with the provisions of this act, with the proper boards, commissioners, or officers of other states for the mutual exchange of such patients confined in, admitted, or committed to a state hospital in one state whose legal residence is in the other, and may give written permission for the return and admission to the Nevada state hospital of any resident of this state when such permission is conformable to the provisions of this act governing admissions to said hospital.
κ1951 Statutes of Nevada, Page 558 (CHAPTER 331, SB 171)κ
states for the mutual exchange of such patients confined in, admitted, or committed to a state hospital in one state whose legal residence is in the other, and may give written permission for the return and admission to the Nevada state hospital of any resident of this state when such permission is conformable to the provisions of this act governing admissions to said hospital.
Sec. 43. All expenses incurred for the purpose of returning a patient to the state in which he has legal residence shall be paid from the funds of such patient or by the relatives or persons responsible for his care and treatment under his commitment or admission. The expense of the return of patients committed or admitted as indigents may be paid by the state. The expense of returning residents of this state to the Nevada state hospital shall not in any case be a charge against or paid by the State of Nevada.
Sec. 44. The costs and expenses of returning such patients to the state in which they have residence, when assumed by the state, shall be advanced from funds appropriated for the general support of the hospital, and shall be paid out on claims as other claims against the state are paid.
Sec. 45. The superintendent may contract with appropriate agencies of other states for the institutional care of patients found to be affected with active tuberculosis, and who have been committed to the hospital under the provisions of this act. The cost of such care in another state shall be paid by those made responsible for such patients care under the order of commitment. The out-of-state institutional care of such patients who are indigent and have no relatives responsible for their care, shall be paid by the state out of funds appropriated for the general support of the hospital.
Sec. 46. In determining residence for the purpose of this act, a person who has lived continuously in this state for a period of one year, and who has not acquired a residence in another state by living continuously therein for at least one year subsequent to his residence in this state, shall be deemed to be a resident of this state. Time spent in a public institution or on parole therefrom, or as a parolee from an institution in another state, shall not be counted in determining the matter of residence in this state.
Sec. 47. Any public officer or employee who transports or delivers or assists in transporting or delivering or detains or assists in detaining any person pursuant to this act, shall not be rendered civilly or criminally liable thereby unless it be shown that such officer or employee acted maliciously or in bad faith or that his negligence resulted in bodily injury to such person.
Sec. 48. Nothing in this act shall limit the right of any person admitted to the hospital pursuant to this act to a writ of habeas corpus upon a proper application made at any time by such person or a relative or friend on his behalf.
Sec. 49. The superintendent may receive in the hospital as a voluntary patient, any person in need of care and treatment in such hospital, and who is a resident of this state as defined in this act, upon receipt of a written application for the admission of the person into the hospital for care and treatment made in accordance with the following requirements:
κ1951 Statutes of Nevada, Page 559 (CHAPTER 331, SB 171)κ
receipt of a written application for the admission of the person into the hospital for care and treatment made in accordance with the following requirements:
(a) In the case of an adult person, the application shall be made voluntarily by the person, at a time when such person is in such condition of mind as to render such person competent to make it, or in the case of a minor person, the application shall be made by his parent or by the parent, guardian, or the person or welfare agency entitled to his custody.
(b) The application shall be approved by the superintendent as to the suitability of the person for care and treatment at the hospital.
Any such person received and cared for at the hospital shall be deemed a voluntary patient, but such person shall be subject to the rules and regulations of the hospital prescribed for other patients by the superintendent.
Sec. 50. The daily or monthly rate for the care, support, and maintenance of such voluntary patients shall be determined by the superintendent, and shall be payable to the hospital in advance. In cases where there has been an advance payment under this section, and such advances or any part thereof should be refunded because of the death or discharge of the patient, such amount shall be paid to the person who made payment, upon demand, and the amount refunded shall be itemized, and the aggregate deducted from the amount to be paid into the state treasury from pay patients as provided by law.
Sec. 51. No person received into the hospital under such voluntary application shall be detained therein for more than seven days after having given notice, in writing, to the superintendent of such persons desire to leave the hospital.
Sec. 52. That certain act of the legislature of the State of Nevada entitled An act concerning the insane of the state, creating a board of commissioners for the Nevada hospital for mental diseases, and providing for the care of the insane, approved March 25, 1913, and all acts amendatory thereof or supplementary thereto, are hereby repealed.
Sec. 53. That certain act of the legislature of the State of Nevada entitled An act to provide suitable quarters at the Nevada hospital for mental diseases for the treatment and care of those suffering from or afflicted with shell shock or other mental diseases, and making an appropriation therefor, approved March 21, 1921, is hereby repealed.
Sec. 54. That certain act of the legislature of the State of Nevada entitled An act relating to the confinement of insane persons in the Nevada state prison in certain cases, approved March 3, 1925, is hereby repealed.
Sec. 55. That certain act of the legislature of the State of Nevada entitled An act to amend section 14 of an act entitled An act to provide for the taking care of the insane of the state of Nevada, approved February 24, 1881, and being section 2203 of the revised laws of Nevada, 1912, approved March 5, 1923, is hereby repealed.
κ1951 Statutes of Nevada, Page 560 (CHAPTER 331, SB 171)κ
Sec. 56. That certain act of the legislature of the State of Nevada entitled An act authorizing the establishment of a revolving fund for the Nevada hospital for mental diseases, and other matters in connection therewith, approved March 18, 1931, is hereby repealed.
Sec. 57. That certain act of the legislature of the State of Nevada entitled An act requiring further duties of the board of commissioners of the Nevada hospital for mental diseases, approved March 28, 1949, is hereby repealed.
Sec. 58. That certain act of the legislature of the State of Nevada entitled An act concerning the mentally ill of the state; providing for the admission of mentally ill persons to the Nevada hospital for mental diseases without being committed as insane; providing for the temporary commitment for dipsomaniacs and drug addicts; providing for the care and treatment of such patients at said hospital, and other matters relating thereto, and repealing chapter 257, Statutes of Nevada 1947, approved March 28, 1949, is hereby repealed.
Sec. 59. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
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Senate Bill No. 55Committee on Public Health
CHAPTER 332
AN ACT to establish a state board of examiners in the basic sciences underlying the practice of the healing art, to provide for its organization and powers, to provide that certification by that board be a prerequisite to eligibility for examination for licenses to practice the healing art, and to define the healing art.
[Approved March 24, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. This act may be cited as basic science act, 1951.
Sec. 2. No person shall be permitted to take an examination for a license to practice the healing art or any branch thereof, or be granted any such license, unless he has presented to the board or officer empowered to issue such license as the applicant seeks, a certificate of ability in anatomy, physiology, chemistry, bacteriology, and pathology (hereinafter referred to as the basic sciences), issued by the state board of examiners in the basic sciences.
Sec. 3. For the purposes of this act, the healing art includes any system, treatment, operation, diagnosis, prescription, or practice for the ascertainment, cure, relief, palliation, adjustment, or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition.
Sec. 4. The board of examiners in the basic sciences shall consist of three members, appointed as follows: The board of regents of the university of Nevada, within sixty days after this act takes effect, shall appoint three members of the state board of examiners in the basic sciences (hereinafter referred to as the board).
κ1951 Statutes of Nevada, Page 561 (CHAPTER 332, SB 55)κ
university of Nevada, within sixty days after this act takes effect, shall appoint three members of the state board of examiners in the basic sciences (hereinafter referred to as the board). These members of said board shall be appointed one for one year, one for two years, and one for three years, from the dates of their respective appointments. On the expiration of the term of any member, the board of regents of the university of Nevada shall fill the vacancy by appointment for a term of three years. On the death, resignation, or removal of any member, the said board of regents shall fill the vacancy by appointment for the unexpired portion of the term. Every member shall serve until his successor is appointed and qualified. These members of the board shall be selected because of their knowledge of the basic sciences aforesaid, and each member shall be a professor, or an instructor on the faculty of the university of Nevada or some other institution of learning in the State of Nevada of equal rank. Each member shall have resided in Nevada not less than one year next preceding his appointment. None of these three members of the board shall be actively engaged in the practice of the healing art or of any branch thereof.
Sec. 5. The board shall organize as soon as practicable after its appointment. It shall have authority to elect officers, to adopt a seal, and to make such rules as it deems expedient to carry this act into effect. The secretary shall receive a salary in an amount set by the board. The board shall keep a record of its proceedings, which shall be prima-facie evidence of all matters contained therein. Every member shall receive fifteen dollars per diem and actual expenses, when actively engaged in the discharge of his duties. The compensation of the members and other expenses of the board shall be paid out of the fees received from applicants, but this is not to be construed as preventing appropriations to cover deficits.
The treasurer of the board shall give such bond, running in favor of the state, as the state treasurer may determine. The office of the board shall be in the State of Nevada at any place chosen by the board of examiners in the basic sciences.
Sec. 6. The fee for examination by the board shall be twenty-five ($25) dollars. The fee for re-examination within any twelve-month period shall be ten dollars, but the fee for re-examination after the expiration of twelve months shall be the same as the original fee. All fees shall be paid to the board by the applicant when he files his application. The board shall pay all money received as fees into the state treasury, to be placed in a special fund to the credit of the board. The state treasurer shall pay out of such fund all expenses incurred by the board, on vouchers signed by the president and the secretary of the board.
Sec. 7. The board shall conduct examinations on the first Tuesday after the first Monday in January, April, July and October of each year, and at such time and place as shall be most convenient to the said board. Every applicant shall be examined to determine his knowledge, ability, and skill in the basic sciences. The examinations shall be conducted in writing, but may be supplemented by oral examinations, and if practicable shall be supplemented by examinations in the laboratory or dissecting room.
κ1951 Statutes of Nevada, Page 562 (CHAPTER 332, SB 55)κ
be conducted in writing, but may be supplemented by oral examinations, and if practicable shall be supplemented by examinations in the laboratory or dissecting room. If the applicant receives a credit of 75 percent or more in each of the basic sciences, he shall be considered as having passed the examination. If the applicant receives less than 75 percent in one subject and receives 75 percent or more in each of the remaining subjects, he shall be allowed a re-examination at the examination next ensuing, on application and the payment of the prescribed fee, and he shall be required to be re-examined only in the subject in which he received a rating less than 75 percent. If the applicant receives less than 75 percent in more than one subject, he shall not be re-examined unless he presents proof at least six months later, satisfactory to the board, of additional study in the basic sciences sufficient to justify re-examination, and he shall be re-examined in all of the subjects.
Qualified personnel may be employed to provide an examination to be approved by the board and administered under its supervision. All problems in the conduct of examinations shall be resolved upon the basis of a unanimous vote of the board except problems relative to the difficulty of particular questions in the examination, which problems shall be resolved by a majority vote of the board. The name or proposed branch of the healing art of any applicant taking the examination will not be made known to any member of the board other than the secretary until such time as the applicant has been finally approved or rejected.
Sec. 8. No certificate shall be issued by the board unless the person applying for it submits evidence, satisfactory to the board (1) that he is a citizen of the United States and is not less than twenty-one years old; (2) that he is a person of good moral character; (3) that before he began the study of the healing art he was graduated by an accredited high school, or that he possesses educational qualifications equivalent to those required for graduation from such an accredited high school; and (4) that he has adequate knowledge of the basic sciences as shown by his passing the examination given by the board, as by this act required.
Sec. 9. The board may in its discretion waive the examination required by section 7, when proof satisfactory to the board is submitted, showing (1) that the applicant has passed in another state an examination in the basic sciences; (2) that the requirements of that state are not less than those required by this act as a condition precedent to the issuance of a certificate; and (3) that the board of examiners in the basic sciences in that state grants like exemption from examination in the basic sciences to persons holding certificates from the state board of examiners in the basic sciences of Nevada.
Sec. 10. Any person aggrieved by any action of the board may appeal to the district court of the county in which the examination is given. Such appeal shall be taken by serving on the secretary of the board a notice of appeal, stating the action from which the appeal is taken, and, if the appeal from an order of the board, stating such order or the part thereof from which the appeal is taken.
κ1951 Statutes of Nevada, Page 563 (CHAPTER 332, SB 55)κ
is taken, and, if the appeal from an order of the board, stating such order or the part thereof from which the appeal is taken. Immediately on the perfecting of such appeal the secretary of the board shall transmit to the clerk of the court of such county the notice of the appeal and a certified copy of all proceedings of the board relating to the action or order from which the appeal is taken, and such cause shall thereupon stand for trial.
Sec. 11. Any basic science certificate and any license to practice the healing art or any branch thereof, issued contrary to this act, is void. Any licensing board which has issued a license on the basis of a void basic science certificate shall revoke or cancel that license. The procedure for such revocation or cancellation shall be in accordance with the provisions of the act under which such license was issued, authorizing the cancellation or revocation of license generally. The certificate issued to any person by the state board of examiners in the basic sciences shall be revoked automatically by the revocation of his license to practice the healing art or any branch thereof.
Sec. 12. Any person who practices the healing art or any branch thereof without having obtained a valid certificate from the state board of examiners in the basic sciences, except as otherwise authorized by this act, shall be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both, in the discretion of the court.
Sec. 13. Any person who obtains or attempts to obtain a basic science certificate by dishonest or fraudulent means, or who forges, counterfeits, or fraudulently alters any such certificates, shall be fined not more than five hundred dollars or imprisoned not more than ninety days, or both, in the discretion of the court.
Sec. 14. Any person who obtains or attempts to obtain a license to practice the healing art or any branch thereof from any board or officer authorized to issue such license, without presenting to said board or officer a valid certificate issued to the applicant by the state board of examiners in the basic sciences, as in this act required, shall be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both, in the discretion of the court.
Sec. 15. Any person who knowingly issues or participates in the issue of a license to practice the healing art or any branch thereof (1) to any person who has not presented to the licensing board a valid certificate from the state board of examiners in the basic sciences, or (2) to any person who has presented to such licensing board a certificate obtained from the state board of examiners in the basic sciences by dishonesty or fraud, or any forged or counterfeit certificate, shall be fined not more than five hundred dollars or imprisoned not more than ninety days, or both, in the discretion of the court.
Sec. 16. The state board of examiners in the basic sciences and the several boards authorized to issue licenses to practice the healing art and branches thereof shall investigate every supposed violation of this act coming within the scope of the authority of such boards, respectively, and report to the proper district attorney all cases that in the judgment of the board warrant prosecution.
κ1951 Statutes of Nevada, Page 564 (CHAPTER 332, SB 55)κ
respectively, and report to the proper district attorney all cases that in the judgment of the board warrant prosecution. Every police officer, sheriff, and peace officer shall investigate every supposed violation of this act that comes in his notice or of which he has received complaint and apprehend and arrest all violators. It shall be the duty of the several district attorneys to prosecute violations of this act.
Sec. 17. This act shall not be construed as applying to dentists, dental hygienists, pharmacists, nurses, optometrists, chiropodists, and Christian Science practitioners, practicing within the limits of their respective callings; nor to persons licensed to practice the healing art or any branch thereof in Nevada when this act takes effect; nor to persons specifically permitted by law to practice without licenses, who practice each within the limits of the privilege thus granted to him. Sec. 18. Nothing in this act shall be construed as repealing any statutory provision in force at the time of its passage with reference to the requirements governing the issue of licenses to practice the healing art or any branch thereof or as in any way lessening such requirements. But any board authorized to issue licenses to practice the healing art or any branch thereof may in its discretion either accept certificates issued by the Nevada board of examiners in the basic sciences in lieu of examining the certificates in such sciences or it may examine such certificates in such sciences. The unconstitutionality of any part of this act shall not be construed as invalidating any other separable part of it.
Sec. 19. This act shall be in full force and effect from and after its passage and approval.
________
Senate Bill No. 36Committee on Finance
CHAPTER 333
AN ACT creating a state department of purchasing, defining powers and duties, making an appropriation, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto.
[Approved March 24, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. This act shall be known and cited as the State Purchasing Act.
Sec. 2. The following words shall have the following meaning within the purview of this act, and shall be so construed:
(a) Director means the director of the state department of purchasing.
(b) Using agencies means any and all state officers, departments, institutions, boards, commissions, and other agencies which derive their support from public funds in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the federal government of the United States or any branch, bureau, or agency thereof, or funds derived from private or other sources, excepting counties, municipalities, and school districts.
κ1951 Statutes of Nevada, Page 565 (CHAPTER 333, SB 36)κ
from the federal government of the United States or any branch, bureau, or agency thereof, or funds derived from private or other sources, excepting counties, municipalities, and school districts.
Sec. 3. There is hereby created the department of purchasing, in which shall be vested the administration of the provisions of this act.
Sec. 4. There is hereby created the position of director of the state department of purchasing.
Sec. 5. The director of purchasing shall be appointed by and responsible to the governor. He shall be appointed under the provisions of the state personnel system, and he shall be in the classified service. Every employment list for director shall expire one year after it is established. He shall receive an annual salary which shall be fixed in accordance with the pay plan adopted under the provisions of the state personnel system; provided, however, that until such system is established, such annual salary shall be six thousand dollars ($6,000). He shall receive the per diem expense allowance and travel expenses as fixed by law. He shall devote his entire time to the duties of his office, and he shall follow no other gainful employment or occupation.
Sec. 6. The director of purchasing shall have a working knowledge of purchasing methods and procedures, including the techniques of specification writing, and shall have the ability to obtain and interpret market prices and trends, and to apply such interpretations to procurement problems. He shall have a minimum of twelve (12) years of practical experience in purchasing, merchandising, stock control, and methods of inventory management.
Sec. 7. The director, as executive head of the department, shall direct and supervise all its administrative and technical activities. The director shall have such technical and clerical assistance as the execution of his duties requires. Technical assistants shall have a minimum of six (6) years of practical experience in purchasing, merchandising, stock control, and methods of inventory management. Suitable office space shall be furnished for the performance of the duties provided in this act.
Sec. 8. The director shall execute a surety bond, payable to the state, in the sum of twenty thousand dollars ($20,000), conditioned for the faithful performance of all duties which may be required of him by law.
Sec. 9. The director shall make a biennial report regarding the work of the department, and such special reports as he may consider desirable, to the governor and the legislature.
Sec. 10. The director, in all his purchasing and property control activities, shall pursue a policy of securing the greatest possible economy consistent with grades or qualities of supplies and services that are adapted to the purposes to be served.
Sec. 11. The director shall be required to purchase or contract for all supplies, materials, and equipment needed by any and all using agencies, unless otherwise provided by law.
Sec. 12. The director shall have authority to decide whether and to what extent the needs of any using agency shall be supplied from stores of commodities on hand, by transfer of surplus items or stocks from other using agencies, by deliveries under contracts, by open market purchases through the director, or directly by the using agencies; provided, however, he shall have thorough discussions on such matters with authorized representatives of such using agencies.
κ1951 Statutes of Nevada, Page 566 (CHAPTER 333, SB 36)κ
what extent the needs of any using agency shall be supplied from stores of commodities on hand, by transfer of surplus items or stocks from other using agencies, by deliveries under contracts, by open market purchases through the director, or directly by the using agencies; provided, however, he shall have thorough discussions on such matters with authorized representatives of such using agencies. To the extent practicable, service, price, and quality being considered, all purchases shall be made of vendors whose principal places of business are within the state.
Sec. 13. When office supplies, materials, equipment, or any commodity needed by a using agency cannot be purchased from vendors whose principal places of business are within the state, the director, or his authorized representatives shall have the authority to travel to and procure upon open markets.
Sec. 14. The director shall classify for purchasing purposes, all commodities for which there is sufficient demand to justify periodic purchasing in anticipation of needs. Commodities of the same nature, ordinarily secured from the same sources of supply and which can advantageously be scheduled for purchase at the same time of year, according to favorable market conditions, shall be included in the same class. The rules shall provide, so far as practicable, for the scheduling of purchases, by commodity classes, so as to distribute the volume of purchasing work as evenly as may be over the entire year and so as best to meet the requirements of the several spending agencies of the state, while taking advantage of favorable market conditions and avoiding unnecessary tying up of funds. Copies of schedules of purchases to be made shall be supplied to the several using agencies and to interested vendors.
Sec. 15. The director shall determine the requirements of supplies and materials of the using agencies according to records of past experience, and according to estimates of anticipated requirements furnished by the various using agencies. It shall be the duty of the director to set up and maintain current cumulative purchase records of all materials and supplies purchased for the using agencies. Prior to the scheduled date for purchasing any class of commodities, the director shall distribute forms for estimates of requirements among all the using agencies using the commodities included in that class. A separate set of estimates shall be used for each major class of commodities, and before the estimate forms are distributed among the using agencies, the names, the specifications, and the units of measures of the commodities and the quantities consumed by the several agencies during the past period shall be listed on the forms. Upon receipt of the estimate forms, it shall be the duty of the head of such using agency to make his best estimate of his anticipated requirements for each commodity listed on each estimate form for the period specified. In so doing he shall be guided by the statement of quantities consumed in the past periods and his knowledge of the requirements for his program of work for the ensuing period. In arriving at the estimate of requirements, quantities in stock shall not be deducted from the actual quantities estimated to be needed. Using agencies requiring information such as prices, specifications, and the procurement of any supplies, materials, and equipment for present or future needs, shall obtain this information through the director.
κ1951 Statutes of Nevada, Page 567 (CHAPTER 333, SB 36)κ
ing information such as prices, specifications, and the procurement of any supplies, materials, and equipment for present or future needs, shall obtain this information through the director.
Sec. 16. Upon receipt of the estimates of requirements from the using agencies, the director shall cause them to be summarized by classes for all agencies. He shall then, with the consideration of the quantity of each commodity in stock, market conditions, and probable future market conditions, determine or cause to be determined the quantity of each commodity to be purchased.
Sec. 17. The director shall have power to let contracts by advertising therefor in the manner provided for by law, for the furnishing of supplies, materials, and equipment for a period of not more than one year, on a standard form of contract.
Sec. 18. Every advertisement for bids covering any class of materials or supplies that any charitable, reformatory, or penal institution of the state is prepared to supply, in whole or in part, through the labor of inmates, shall carry a statement that the director reserves the right to secure such materials or supplies from any such institution or institutions, to the extent that they can be secured of equal quality and at prices not higher than those of the lowest acceptable bid received in response to such advertisement. All institutions products meeting these conditions shall be utilized to the extent available, before orders are placed under contracts or otherwise.
Sec. 19. The director shall give reasonable notice, by advertising and by written notice mailed to persons, firms, or corporations in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials, and equipment to be purchased in accordance with a schedule prepared in conformity with the provisions of section 10 of this act. All such materials, supplies, and equipment, except as otherwise provided herein, when the estimated cost thereof shall exceed five hundred dollars ($500), shall be purchased by formal contract from the lowest responsible bidder, after due notice inviting proposals. Such notice shall be published as outlined below. In case of emergencies due to acts of God or the national defense or other unforeseeable circumstances, the above provisions for advertisements on competitive bids may be waived by the director, but every effort should be made to secure the maximum competitive bidding under the circumstances and in no case shall contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids.
Sec. 20. The advertisements shall contain general descriptions of the classes of commodities for which bids are wanted and shall state: (1) the names and locations of the departments or institutions for which the purchases are to be made, (2) where and how specifications and quotation forms may be obtained, (3) the date and time not later than which bids must be filed, and (4) the date and time when bids will be opened. The director or his designated agent shall pass upon the copy for the advertisement. Each such advertisement shall be published in one or more newspapers of general circulation in the state. The selection of the newspapers to carry such advertising shall be made in the manner provided by this act for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation.
κ1951 Statutes of Nevada, Page 568 (CHAPTER 333, SB 36)κ
in the manner provided by this act for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation.
Sec. 21. The specification for bids for the supplying of any commodity, in quantity, to meet the combined requirements or estimated requirements of the institutions of the state, shall show the quantity thereof required or estimated to be required for each institution and shall stipulate that bids will be accepted for the whole quantity and for the quantity for each institution. Bids may be made on any item or items or quantity or quantities of any item or items.
Sec. 22. All bids on more than one item on which bids are called for by the same notice shall be itemized and give a price for each item. All bids shall be in writing, shall be sealed, and shall be opened and read publicly by the director or his designated agent as they are opened.
Sec. 23. Every contract or order shall be awarded to the lowest responsible bidder, taking into consideration the location of the using agency to be supplied, the qualities of the articles to be supplied, their conformity with the specifications, the purposes for which they are required and the dates of delivery.
Sec. 24. Contracts may be awarded for separate items or portions or groups of items as the best interest of the state may require. If, in the judgment of the director no satisfactory bid has been received in any case, he may reject all bids and forthwith shall advertise for new bids as herein provided and, until a satisfactory contract is awarded, he may make such open market purchases of the commodities involved as may be urgently needed to meet the requirements until satisfactory bids may be received. Each bid, with the name of the bidder, shall be entered on a bid record and each record, with the successful bidder indicated thereon, shall, after the award of the order or the letting of the contract, be open to public inspection.
Sec. 25. A bond furnished by a surety company authorized to do business in this state may be required by the director for the proper performance of the contract. The director at his discretion may request a certified check, cash, or bond of five percent (5%) of the total amount of the bid submitted, provided such request shall apply to each bidder.
Sec. 26. Any unsuccessful bidder may file notice of appeal at the time of the award by posting bond with good and solvent surety in an amount equal to twenty-five percent (25%) of the average bid submitted, and thereafter within ten (10) days from the opening of the bids may appeal to the director, who may cancel the award for lack of compliance with the provisions of this act. Any such cancellation shall necessitate readvertising for bids and a new award under the provisions of this act. Any notice of appeal under the provisions of this section shall operate as a stay of action in relation to entering into any contract under such award until the expiration of ten (10) days and, if the appeal is taken, pending decision thereon. The director may make such open market purchases of the commodities as may be urgently needed to meet the requirements until a determination is made of the appeal.
κ1951 Statutes of Nevada, Page 569 (CHAPTER 333, SB 36)κ
be urgently needed to meet the requirements until a determination is made of the appeal.
Sec. 27. The procedure for the purchase of commodities not scheduled hereunder, and for emergency purchases, as well as purchases financed by revolving fund appropriations and definitions of the emergencies and conditions under which emergency purchases may be made, shall be provided by rules of the director.
Sec. 28. The director may authorize local purchasing by using agencies, in accordance with the rules and specifications, of individual orders for items not scheduled for quantity purchasing, not to exceed five hundred dollars ($500) for each order at no higher prices than he may specify in the orders authorizing such local purchasing. Such local purchasing may be so authorized as in the cases of perishable articles, and to meet other emergency requirements. The prices on such local purchases shall be based on considerations of equal service and economy as compared with those in furnishing the same items of equal quality through the regular purchasing procedure. Each such authorization shall be revocable, shall be issued for an aggregate amount not in excess of one thousand dollars ($1,000), shall specify the articles to be purchased, and shall be operative for a period not exceeding three months from the date of issue. Using agencies receiving such orders shall report each month in writing to the director their accounts and expenditures under such authorization, accompanied with proper evidence that competition has been secured to the extent practicable.
Sec. 29. Every effort shall be made to obtain quotations from three or more vendors when commodities are to be purchased out of schedule, except when standard equipment parts for which prices are established must be obtained from the manufacturer of the equipment or his agent or when the article needed is a patented or proprietary one and therefore obtainable from only one source of supply. Urgent requests for immediate purchasing shall be discouraged as much as practicable. When supplies, materials, and equipment are urgently required and time does not permit the obtaining of written quotations, the director may obtain quotations by telephoning or otherwise, but such quotations shall be confirmed in writing, and records of all quotations so obtained shall be made on the relative purchase requisitions.
Sec. 30. So far as practicable, quotations shall be secured from institutions of the state whenever commodities or services are to be secured of kinds that they are prepared to supply through the labor of inmates, and preference shall be given to the products of such institutions, price, quality, and time of delivery being considered.
Sec. 31. The director shall collect, classify, and keep on file accurate information concerning the sources, grades, qualities, and costs of the various kinds of supplies, materials, and equipment required by the state together with the names and addresses of the persons or firms from whom commodities of the various classes may be procured. The record of sources of commodities shall be maintained on forms, which shall be filed in alphabetical order by names of commodities.
κ1951 Statutes of Nevada, Page 570 (CHAPTER 333, SB 36)κ
shall be filed in alphabetical order by names of commodities. On the face of each form the name of the commodity and a brief description of it shall be recorded, and on the reverse side a list of the dealers from whom the commodity may be purchased. A record of dealers shall be maintained on forms, which shall be filed by the names of the dealers in alphabetical order. On each form the name and address of each dealer and a condensed description of the principal kinds of commodities in which he deals shall be recorded, with notations as to the financial responsibility of each dealer, his delivery facilities, records of past dealings, if any, and other references which may assist the director in requesting quotations and awarding orders. The records shall be revised and supplemented from time to time.
Sec. 32. The director shall provide for inspection of all commodities purchased and for rejection of any not in conformity with specifications. Receiving reports shall be submitted by using agencies in certification of the receipt of commodities showing the quantity and quality delivered; and no claim for payment for commodities shall be passed for payment without certification.
Sec. 33. Every person, firm, or corporation, making or causing to be made any delivery of supplies, materials, or equipment to any using agency of the state pursuant to any contract or order, whether oral or written, and whether by the director or by any other officer or agency of the state, shall promptly transmit to the agency to which such delivery is made a memorandum of shipment, showing the number of, or other identifying reference to, the contract or order number under which the delivery is made and containing a statement of the commodities shipped and the quantities thereof; and shall submit an invoice to the director, on the form and in the number of copies prescribed by the director or under his authority.
Sec. 34. The director shall cause to be maintained, perpetual inventory records of all supplies and materials stored centrally or by the using agencies. It shall be his duty to control the stocks of supplies and materials on hand, the storing and issuance of supplies and materials, and the distributing of the costs of supplies and materials used; to produce information, as and when required, respecting quantities on hand, quantities purchased over a specified period, quantities used over a specified period of each using agency, quantities supplied by vendors specified for specified periods, unit prices, average prices, and experience with the vendors, supplying the different classes of supplies; to price supplies and materials when purchased and when charged out of stock as used; to transfer surplus supplies and materials to points where they can be used advantageously; to direct and make test checks of physical inventories, to supervise the taking of annual inventories; and to instruct the storekeepers in the prescribed procedures for controlling stored materials. The stores records shall be so maintained as to show the quantity of each commodity on hand, the average unit cost including transportation charges, the total cost of the supply on hand, the minimum quantity that should be kept in stock, and the maximum quantity that should be kept in stock at any one time. After all records of previous quantities used by using agencies are compiled, a model stock system shall be set up to control inventories that are on hand and on order.
κ1951 Statutes of Nevada, Page 571 (CHAPTER 333, SB 36)κ
model stock system shall be set up to control inventories that are on hand and on order. Inventory controlling accounts, limited to recording the costs of supplies purchased, the costs of supplies issued and used, and the value of the stock on hand, shall be maintained. However, such inventories of the department of highways and the state printing office shall be maintained by the department of highways and the state printing office, in accordance with the uniform rules and regulations as provided herein and as may be hereafter promulgated by the director.
Sec. 35. Supplies, materials, and equipment purchased for the various using agencies shall be reduced to the practicable minimum of types, styles, and sizes. The director shall be responsible for developing and executing a progressive program of establishing standards. The director may call upon any department or officer having technical facilities available, for assistance in the formulation of such standards. Standard specifications shall be developed and adopted after consultation with the heads of the various using agencies who shall assist in formulating such specifications. Such specifications shall be sufficiently complete and precise to insure that all vendors bid on the same basis to make effective testing and inspection possible to attract the maximum competition practicable with due consideration of suitability of products, and to describe the methods of testing or inspection. A specification file containing all approved specifications shall be maintained by the director. In the purchasing of school books, the director or his authorized agent shall consult with the state superintendent of public instruction and the textbook commission for the purpose of determining the extent to which this requirement can be met.
Sec. 36. The director shall provide for classification of the fixed properties and movable equipment of the state in the possession of the using agencies, and shall establish, or cause to be established, an adequate identification scheme for all such property and equipment, and shall cause adequate records of such equipment and property to be maintained. He shall have authority to transfer tools, implements, machinery or other equipment in the possession of any using agency, when such equipment is not necessary for the use of such agency to such other agency or agencies as may have need therefor. The records of property and equipment of the state shall be maintained at all times to show the officers entrusted with the custody thereof and transfers of property between such officers. The rules of the director shall prescribe the procedure by which supplies, materials, and equipment may be condemned and disposed of, by sale or otherwise, when of no further use to the state. Such rules shall provide that no such property shall be sold otherwise than to the highest bidder after every effort has been made to secure at least three competitive bids and that no condemned property of an appraised value over five hundred dollars ($500) shall be sold except through notice published in a newspaper circulated in the area in which the sale is made.
Sec. 37. The director may maintain and operate central supply services at any center, including a central warehouse or storeroom service.
κ1951 Statutes of Nevada, Page 572 (CHAPTER 333, SB 36)κ
Sec. 38. Two or more departments may unite in cooperative work along lines germane to the functions of such departments and otherwise secure from each other supplies, and the heads thereof may agree among themselves on the distribution of the expense to be incurred, subject to the approval of the director or his designated agent.
Sec. 39. The governor may prescribe, on the recommendation of the director, for the providing of materials, supplies, and equipment, by a central purchasing agency in any department or agency in which the volume of transactions is sufficient to justify such action, and in any departments or agencies with respect to scientific apparatus, materials of instruction, textbooks, and other articles and equipment as to which the needs are highly specialized and peculiar to the department. Such department purchasing agencies shall operate under procedures and standards prescribed by the director or his designated agent and subject to his supervision and control.
Sec. 40. Counties, municipalities, irrigation districts, and school districts in the State of Nevada may obtain supplies, materials, and equipment on a voluntary basis through the facilities of the state purchasing agency provided in this act. The director shall issue bulletins from time to time to all state, county, and municipal agencies, and school districts in the State of Nevada, indicating the supplies, materials, and equipment available, and the prices thereof.
Sec. 41. The director shall establish and conduct a central mailing room for the state officers, departments, and agencies located at the seat of government.
Sec. 42. The director is hereby authorized and directed to purchase or acquire on behalf of the State of Nevada and all state officers, departments, institutions, boards, commissions, schools and other agencies or political subdivisions of the State of Nevada, all supplies, materials, and equipment of any kind and nature required or deemed advisable for such state officers, departments, institutions, boards, commissions, schools and other agencies or political subdivisions, that may be available from the war assets administration or any other governmental agency dealing in war surplus material or donable war surplus material.
Sec. 43. The director is hereby authorized and directed to do all things necessary to secure and distribute federal donable surplus property to nonprofit schools and other educational institutions throughout the state. He shall make a charge to the schools and institutions receiving donable surplus property secured through the department, such charge to be a percentage of the fair value of the item requested sufficient to repay in portion or in entirety the transportation and other costs incurred in acquisition of the property in question. The director is hereby authorized to discontinue temporarily or terminate entirely such donable surplus property operation at any time that there is not sufficient flow of such property to make continued employment of personnel for this purpose profitable to the state.
Sec. 44. All claims for supplies, materials, and equipment purchased pursuant to the provisions of this act and the necessary expenses attached thereto shall, when approved by the director of purchasing, be audited and paid out of the respective appropriations or funds of the state officers, departments, institutions, boards, commissions, or agencies for which the purchases were made and expenses incurred, in the same manner as other claims against the state are required to be audited and paid.
κ1951 Statutes of Nevada, Page 573 (CHAPTER 333, SB 36)κ
be audited and paid out of the respective appropriations or funds of the state officers, departments, institutions, boards, commissions, or agencies for which the purchases were made and expenses incurred, in the same manner as other claims against the state are required to be audited and paid.
Sec. 45. There is hereby created a revolving fund for the use of the director in purchasing supplies, materials, and equipment, and for the payment of necessary expenses incurred in carrying out the provisions of this act. When any purchase or service is for the use of two or more agencies, the payment shall be made from the said revolving fund in the manner provided by law upon presentation of a duly verified claim approved by the director.
Sec. 46. Upon the payment for any such supplies, materials, and equipment, or expense from said revolving fund, each state officer, department, institution, board, commission, or agency concerned shall prepare a voucher payable to the department of purchasing for the share of such expenditure chargeable to each state officer, department, institution, board, commission, or agency. The state controller shall issue his warrant in payment thereof in favor of the department of purchasing, and such warrant shall be deposited by the director in the state treasury to the credit of the revolving fund herein provided.
Sec. 47. To carry out the provisions of this act, there is hereby appropriated from the general fund the sum of forty thousand dollars ($40,000).
Sec. 48. Any purchase, and any contract for the purchase of any supplies, materials, or equipment, made or entered into by any state officer, department, institution, board, commission, or agency contrary to the provisions of this act and the rules and regulations of the director promulgated pursuant thereto, shall be void and of no effect, but the head of the using agency and the employee who actually made such purchase or entered into such contract shall be personally liable for the costs of any supplies, materials, or equipment delivered pursuant to such purchase or contract. Any contract made with any person, firm, or corporation of which any member, officer, or employee of any using agency taking part in the making of such contract is also an officer or employee or owner of a substantial part or interest therein, shall be void and of no effect.
Sec. 49. That certain act of the legislature of the State of Nevada entitled An act to provide for the purchase of certain supplies for state officers and attaches of the legislature, approved March 2, 1877, is hereby repealed.
Sec. 50. Sections 7 and 8 of that certain act entitled, An act providing for a state board of control, defining their duties and powers, and repealing acts in conflict therewith, approved March 20, 1933, as amended, being sections 6974.06 and 6974.07, Nevada Compiled Laws, 1931-1941 Supplement, are hereby repealed, and also sections 10.1-10.9 as added by chapter 184, Statutes of Nevada 1947.
Sec. 51. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
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κ1951 Statutes of Nevada, Page 574κ
Senate Bill No. 192Committee on Livestock
CHAPTER 334
AN ACT to amend an act entitled An act providing for the licensing and regulation of public livestock sales and sales yards, defining the powers and duties of the state board of stock commissioners in connection therewith, and other matters properly relating thereto, approved March 18, 1947, as amended.
[Approved March 24, 1951]
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, being section 3825.03, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 3. Each applicant for a license to operate and conduct a public livestock auction shall file a corporate bond with the board. Such bond shall be in the principal amount of $1,000; provided, that if the board is of the opinion that the volume of business and the nature of the operation of any public livestock auction is such as to render a bond of $1,000 inadequate, then the board, after reasonable notice to the operator of such public livestock auction, may require that the bond be increased to an amount fixed by the board, but not in excess of the average gross receipts for livestock sold through such public livestock auction at the several sales held during the preceding twelve months, or during the period for which the public livestock auction has been operated if it has been operated for less than twelve months, but such bond shall not in any case be more than $5,000. Such bond shall be conditioned for the prompt remittance to consignors of the proceeds from any sale or exchange of livestock. The board may also require from the operator of any public livestock auction a bond in any reasonable amount, not exceeding in any case $5,000, for the protection of purchasers of livestock from any such operator in good title to such purchased livestock. Such bonds shall be in a form and with sureties satisfactory to the board, and shall provide that they may not be canceled without 10 days notice in writing to the board. Such bonds shall be for the use and benefit of any consigner or purchaser suffering loss or damage by breach of the conditions thereof, and any such consignor or purchaser may bring action for recovery thereon.
In lieu of filing such bond the operator of a public livestock auction may deliver to the board the receipt of a duly authorized bank or trust company in this state showing the deposit with said bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of said bond, said cash or securities to be deposited in escrow under agreement conditioned as in the case of said bond. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed hereunder. Any such receipt shall further be accompanied by evidence that there are no unsatisfied judgments against the operator of such public livestock auction of record in the county where the operator resides.
κ1951 Statutes of Nevada, Page 575 (CHAPTER 334, SB 192)κ
public livestock auction of record in the county where the operator resides.
Sec. 2. The act shall become effective from and after its passage and approval.
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Assembly Bill No. 191Committee on Fish and Game
CHAPTER 335
AN ACT to prohibit the state fish and game commission or a county game management board from employing any person who is a member of either the said state fish and game commission or a county game management board.
[Approved March 24, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state fish and game commission and the county game management boards are hereby prohibited from employing any person who is a member of the state fish and game commission or a member of a county game management board.
Sec. 2. This act shall not apply to any person presently employed under the conditions set forth in section 1 of this act, and any person so employed shall continue in such employment until the natural termination of said present employment, either by voluntary resignation or by regular discharge.
Sec. 3. The act shall be effective from and after its passage and approval.
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Assembly Bill No. 124Mr. Fairchild
CHAPTER 336
AN ACT relating to hospitals, nursing and maternity homes, providing for the licensing, regulation, and inspection thereof, and establishing a hospital advisory council to the state department of health.
[Becomes law without Governors approval]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. No person, partnership, corporation, or association, nor any state or local government unit or any agency thereof, shall establish, conduct, or maintain in this state any hospital without first obtaining a license therefor as provided in this act. As used in this act, the term hospital shall mean any institution, place, building, or agency which maintains and operates facilities for the diagnosis, care and treatment of human illness, including convalescence, and including care during and after pregnancy, to which a person may be admitted for overnight stay or longer. The term hospital shall include any sanitarium, rest home, nursing home, maternity home, and lying-in asylum.
κ1951 Statutes of Nevada, Page 576 (CHAPTER 336, AB 124)κ
include any sanitarium, rest home, nursing home, maternity home, and lying-in asylum.
Sec. 2. Any person, partnership, corporation or association, or any state or local government unit or any agency thereof desiring a license under the provisions of this act shall file with the state department of health a verified application on a form prescribed, prepared, and furnished by the state department of health, containing:
(a) The name of the applicant, and if an individual, whether the applicant has attained the age of twenty-one (21) years.
(b) The type of institution to be operated.
(c) The location thereof.
(d) The name of the person in charge thereof.
(e) Such other information as may be required by the state department of health for the proper administration and enforcement of this act.
(f) Evidence satisfactory to the state department of health that the applicant is of reputable and responsible character. If applicant is a firm, association, organization, partnership, business trust, corporation, or company, like evidence shall be submitted as to the members thereof, and the person in charge of the institution for which application for license is made. If the applicant is a political subdivision of the state or other governmental agency, like evidence shall be submitted as to the person in charge of the institution for which application for license is made.
(g) Evidence satisfactory to the state department of health of the ability of the applicant to comply with the provisions of this act and the rules and regulations promulgated under this act by the state department of health.
Sec. 3. Each application for a license under this act shall be accompanied by a fee determined by the number of beds, exclusive of bassinets, maintained for the use of patients according to the following schedule of fees:
Less than fifty (50) beds............................................................................. $20.00
Fifty (50) beds or more and less than one hundred (100) beds. 30.00
One hundred (100) beds or more and less than two hundred (200) beds................................................................................... 40.00
Two hundred (200) beds or more................................................... 50.00
Each license issued under this act shall expire at midnight on the thirty-first (31st) day of December of each calendar year and shall be renewed automatically upon the payment of the fee provide for in this act unless the state department of health finds, after an investigation, that the hospital has not complied with the provisions of this act or the rules and regulations of the state department of health, and returns the fee to the applicant.
No person, partnership, corporation, or association, nor any state or local governmental unit or any agency thereof, shall continue to operate, conduct or maintain an existing hospital after August 1, 1951, without having applied for and obtained a license as provided in this act.
κ1951 Statutes of Nevada, Page 577 (CHAPTER 336, AB 124)κ
without having applied for and obtained a license as provided in this act.
Upon the filing of the application for license provided for, and full compliance with the provisions of this act and the rules and regulations promulgated under this act by the state department of health, the state department of health shall issue to the applicant the license applied for.
Sec. 4. Every hospital for which a license has been issued shall be periodically inspected by a duly authorized representative of the state department of health. Reports of each such inspection shall be prepared by the representative conducting it upon forms prepared and furnished by the state department of health filed with the state department of health. Any duly authorized member or employee of the state department of health may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of this act.
Sec. 5. A hospital advisory council shall be appointed by the governor of the State of Nevada, and shall consist of seven (7) members appointed as follows:
(1) The state health officer, who shall serve as director of the council as an ex officio member.
(2) Three persons employed within the state as administrator or superintendents of hospitals, who shall be appointed for terms of three years.
(3) One graduate nurse, registered in the state, employed at the time of appointment and for at least one year in a supervisory capacity in a hospital located in the State of Nevada, who shall be appointed for a term of one year.
(4) One person licensed to practice medicine and surgery in the State of Nevada, who shall be appointed for a term of two years.
(5) One person licensed to practice osteopathy in the State of Nevada, who shall be appointed for a term of two years.
(6) One person not associated with hospitals, allied institutions, or practicing of the healing arts, who has broad civic interest, who shall be appointed for a term of one year.
Appointment to fill a vacancy caused other than by expiration of term shall be for the unexpired portion of the term. Members of the council shall be residents of the State of Nevada. The council shall meet as often as necessary but not less than once per year or upon the call of the state superintendent of health or on request of three (3) or more of its members. Members of the council shall serve without remuneration, but shall receive, when away from their places of residence, traveling expenses and subsistence in accordance with the laws of the State of Nevada.
Sec. 6. The state department of health shall have the following powers:
(1) Make or cause to be made inspections of institutions which apply for or hold hospital licenses.
κ1951 Statutes of Nevada, Page 578 (CHAPTER 336, AB 124)κ
(2) Adopt licensing standards for each class of hospital covered by this act in accordance with the recommendations of the hospital advisory council.
(3) Adopt rules and regulations governing the licensing of such institutions in accordance with the recommendations of the hospital advisory council.
(4) Employ such clerical and inspecting assistants as it deems necessary to carry out the provisions of this act.
(5) Adopt such other rules and regulations as it deems necessary or convenient to carry out the provisions of this act.
(6) The state department of health may suspend or revoke any license issued under the provisions of this act upon any of the following grounds and in the manner hereinafter provided:
(a) Violation by the licensee of any of the provisions of this act or of any other law of this state or of the rules and regulations promulgated under this act.
(b) Aiding, abetting or permitting the commission of any illegal act.
(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
(7) The state department of health may, in the name of the state, bring an action to enjoin any person, partnership, corporation or association, or any state or local government unit or any agency thereof, from establishing or maintaining any institution within the meaning of this act;
(a) without first obtaining a license therefor; or
(b) whose license has been revoked or suspended by the state department of health.
It shall be sufficient in such action to allege that the defendant did, on a certain date and in a certain place, establish or maintain such an institution without a license.
Sec. 7. No person, partnership, corporation, or association, or any state or local government unit or any agency thereof shall continue to operate, conduct or maintain an existing hospital as defined in this act after August 1, 1951, without having applied for and obtained a license as provided in this act.
Sec. 8. The state department of health may deny, suspend or revoke the license of any hospital which:
(1) Violates any provision of this act or the rules and regulations adopted thereunder.
(2) Permits, aids or abets the commission of an unlawful act.
(3) Indulges in conduct or practice detrimental to the health or safety of the patients or employees of the institution.
When the state department of health denies, suspends, or revokes a hospital license, it shall send notice thereof, by registered mail, to the institution concerned, setting forth the reasons for the action taken. Within thirty (30) days after the date of notice, the applicant or licensee may give written notice of desire for hearing, and a hearing, at which the applicant or licensee shall have the right to present evidence, shall be held before the state department of health.
κ1951 Statutes of Nevada, Page 579 (CHAPTER 336, AB 124)κ
at which the applicant or licensee shall have the right to present evidence, shall be held before the state department of health. The state department of health shall render its decision on the basis of the evidence presented and shall send a copy thereof by registered mail to the applicant or licensee. The decision shall be final, subject to the right of appeal, as herein provided.
Hearing before the state department of health shall be conducted according to the rules and regulations adopted by the state department of health. A record of the proceeding shall be kept but need not be transcribed unless the decision is appealed or a transcript is requested by an interested party, who shall bear the cost of transcription.
Witnesses may be subpenaed by either party to the hearing and shall receive the fees and mileage allowed a witness in civil cases.
The district attorney of the county in which the hospital is located shall, upon application by the state department of health, instruct and conduct the prosecution of any action for violation of any provisions of this act.
Sec. 9. Within thirty (30) days from the date of a decision by the state department of health, an applicant or licensee may appeal the decision to the district court of the county in which the institution is situated. The state department of health shall certify and file with the clerk of the court a transcript of the hearing.
Findings of fact made by the state department of health shall be deemed conclusive unless contrary to the weight of the evidence. The court may remand the case to the state department of health for further evidence or for rehearing, or may affirm, modify, or reverse the decision of the state department of health. Appeal from the decision may be taken by either party.
Sec. 10. Violation of any provision of this act or the rules and regulations adopted thereunder is a misdemeanor and shall be punished, upon conviction, by a fine of not more than one hundred dollars ($100) for the first offense, and five hundred dollars ($500) for each subsequent offense, and each day of violation shall constitute a separate offense.
Sec. 11. Funds received from the licensure of hospitals or any other source shall be deposited in the hospital licensing administration fund and thereby merge with appropriated money and shall be disbursed on claims signed by the state department of health and paid, as other claims against the state are paid, out of the hospital licensing fund in the state treasury, hereinbefore provided.
Sec. 12. The provisions of this act do not apply to any hospital conducted, maintained or operated by the United States government or a duly authorized agency thereof.
Sec. 13. The state department of health shall be charged with the duty of enforcing the provisions of this act and may incur any such expenses as may be necessary; provided, that such expenses shall not exceed the revenue from fees from licensure and appropriated funds as herein provided.
Sec. 14. Information received by the state department of health and records kept under the provisions of this act shall be confidential and shall be disclosed only in a proceeding involving the granting or revocation of license.
κ1951 Statutes of Nevada, Page 580 (CHAPTER 336, AB 124)κ
and records kept under the provisions of this act shall be confidential and shall be disclosed only in a proceeding involving the granting or revocation of license.
Sec. 15. This act shall take effect immediately upon its passage and approval.
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