[Rev. 3/1/2019 5:12:19 PM]
κ1953 Statutes of Nevada, Page 401 (CHAPTER 283, AB 376)κ
ballot the name of the officer sought to be recalled, the office which he holds and the words For Recall and Against Recall; if there be other candidates nominated for the office to be voted for at said special election, there shall be printed upon the ballot the name of the officer sought to be recalled, and the office which he holds, and the name or names of such other candidates as may be nominated to be voted for at said special election, and the words For Recall and Against Recall shall be omitted; in other respects the ballot shall conform with the requirements of the general election laws applicable to city elections. If there be other candidates nominated to be voted for at the special election, the candidate who shall receive the highest number of votes at said special election, shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed or another. If any officer be recalled upon such special election, and other candidates are not nominated to be voted for at such special election, provided by law. No petition for the recall of any public officer shall be circulated or filed against any such officer until he has actually held his office six months. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless said further petitioners shall pay into the public treasury, from which the expenses of said special election have been paid, the whole amount paid out of said public treasury as expenses for the preceding special election.
Other candidates for the office may be nominated to be voted for at said special election by petition, which said petition shall be signed by the qualified electors of said city qualified to vote for a successor of such incumbent equal in number to 20 percent of the entire number of persons entitled to vote in said city at said time. Said nominating petition shall be filed with the officer with whom the said recall petition is filed, at least fifteen days prior to the date of said special election.
Sec. 16. Vacancy in Office; Resignation; Election of Successors. Resignation by the mayor or any other charter officer created by this act, shall be made in writing to the city council for their action thereupon. In case of the removal of the domiciles of the mayor or any councilman or any other charter officer from the territorial limits of said city, such removal shall ipso facto be deemed to create a vacancy in his office. In case of any vacancy from any cause in the office of mayor or any councilman, the same shall be filled for the unexpired term by a majority vote of the remaining members of the city council.
Sec. 17. Oaths, Who May Administer. Each councilman and the city clerk shall be and are hereby authorized to administer oaths in the municipal affairs and government of the city.
Sec. 18. Said city council so constituted shall have control and supervision over all of the departments of said city, and to that end shall have the power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management, and operation of all the departments of said city, whatever agencies may be created for the administration of its affairs. The mayor shall designate from among the councilmen, at the first meeting of the council after their election and qualifications, at each election, or as soon thereafter as may be practicable, one councilman who shall be known as police and fire councilman, who shall be the executive officer of his department and who has under his special charge the enforcement of all police regulations of said city, and who shall have the power to employ policemen and to discharge them at any time when in his discretion such action will improve the service, and to exercise any power and control over said department that he may deem necessary for the improvement of the service in said department; and who shall have general supervision over fire department and the power to employ firemen and to discharge them at any time when, in his discretion, such action will improve the service, and to exercise any power and control over said department; provided, however, his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule and regulation put in force by the councilmen; and one councilman to be known as councilman of streets, lights, and public property, who shall have under his special charge the supervision of streets, alleys, public grounds, and property of said city, and be charged with the duty of keeping the streets and alleys, public grounds and property clean and in a sanitary condition, and with the enforcement of all rules and regulations necessary to these ends; and one councilman to be known as the councilman of sewerage and water, who shall be the executive officer of his department and who shall see to the enforcement of all rules and regulations with respect to said departments, and be charged with the duty of keeping the waterworks in working condition and developing the same, and shall see that all contracts of the grant of any franchise privileges are faithfully complied with, and performed; provided, however, that his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule or regulation put in force by the city council; and one councilman known as the councilman of finance and revenue, who shall be the executive officer of his department, and who shall have under his special charge the enforcement of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging to said city, from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of the city; it being the purpose of this act to charge each councilman in control of the department with its management, and to fix directly upon him the responsibility for its proper conduct; provided, the mayor shall have the power at any time when in his discretion it is for the best interests of the service in any department under the special charge of any councilman to recall the appointment of such councilman and designate another councilman as a supervisor over another department.
κ1953 Statutes of Nevada, Page 402 (CHAPTER 283, AB 376)κ
or as soon thereafter as may be practicable, one councilman who shall be known as police and fire councilman, who shall be the executive officer of his department and who has under his special charge the enforcement of all police regulations of said city, and who shall have the power to employ policemen and to discharge them at any time when in his discretion such action will improve the service, and to exercise any power and control over said department that he may deem necessary for the improvement of the service in said department; and who shall have general supervision over fire department and the power to employ firemen and to discharge them at any time when, in his discretion, such action will improve the service, and to exercise any power and control over said department; provided, however, his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule and regulation put in force by the councilmen; and one councilman to be known as councilman of streets, lights, and public property, who shall have under his special charge the supervision of streets, alleys, public grounds, and property of said city, and be charged with the duty of keeping the streets and alleys, public grounds and property clean and in a sanitary condition, and with the enforcement of all rules and regulations necessary to these ends; and one councilman to be known as the councilman of sewerage and water, who shall be the executive officer of his department and who shall see to the enforcement of all rules and regulations with respect to said departments, and be charged with the duty of keeping the waterworks in working condition and developing the same, and shall see that all contracts of the grant of any franchise privileges are faithfully complied with, and performed; provided, however, that his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule or regulation put in force by the city council; and one councilman known as the councilman of finance and revenue, who shall be the executive officer of his department, and who shall have under his special charge the enforcement of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging to said city, from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of the city; it being the purpose of this act to charge each councilman in control of the department with its management, and to fix directly upon him the responsibility for its proper conduct; provided, the mayor shall have the power at any time when in his discretion it is for the best interests of the service in any department under the special charge of any councilman to recall the appointment of such councilman and designate another councilman as a supervisor over another department.
Sec. 19. Mayor, Powers and Duties. The mayor shall be the chief executive officer of the city of North Las Vegas and shall be ex officio president of the city council, and shall see that all the laws thereof are enforced; he shall be clothed with all the authority that is now or may hereafter be vested in a mayor by general law so far as the same may be applicable and not in conflict with this act. He shall have and exercise such power, prerogative and authority, acting independent of, or in concert with, the city council, as are conferred by the provisions of this act, as may be conferred upon him by the city council, and not inconsistent with the general purpose and provisions of this charter, and shall have the power to administer oaths, and shall sign all contracts, and shall have the right and authority at any time to suspend any officer or employee of the city subject to the provisions of this act; provided, however, he shall not have the right to remove one of the councilmen of the city or other charter officers except by acting in concert with the other members of the city council when present and may vote on all questions the same as other councilmen.
κ1953 Statutes of Nevada, Page 403 (CHAPTER 283, AB 376)κ
of this act, as may be conferred upon him by the city council, and not inconsistent with the general purpose and provisions of this charter, and shall have the power to administer oaths, and shall sign all contracts, and shall have the right and authority at any time to suspend any officer or employee of the city subject to the provisions of this act; provided, however, he shall not have the right to remove one of the councilmen of the city or other charter officers except by acting in concert with the other members of the city council when present and may vote on all questions the same as other councilmen.
Sec. 20. Claims and Accounts; Warrants, How Issued; Financial Statements, Publication of. The councilmen named at the head of each department shall audit all accounts or claims against it unless he is absent or fails or refuses to do so, in which event the mayor shall appoint another councilman to act in his stead during his absence, or to audit such claims or accounts as said councilman shall fail or refuse to act upon, but before payment all accounts shall be approved by the city council, and no money shall be paid for any purpose except upon warrant executed by the mayor and attested by the city clerk upon order of the city council. The city clerk shall certify the claim, when so allowed by the city council to the city auditor, who shall, if such claim is approved by him, draw a warrant upon the treasurer for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the treasurer, the same shall be paid by him. The auditor shall have the same power of veto that he now exercises in regard to county claims, and the council shall have the right to pass a claim over such veto by vote of four members of such council. The holder of any claim which has been rejected in whole or in part may, within six months after such rejection, commence an action in any court of competent jurisdiction for the recovery of the amount so rejected, and if such action be not commenced within such period, such claim of amount so rejected, together with the right of action thereon, shall be forever barred, and the city council shall not have power to allow or pay the same in whole or in any part at any time subsequently. The action shall be against the city, and service of summons in all actions against the city shall be upon the mayor, or, in the event of his absence, upon the vice-president of the council. In case of final recovery of judgment by the plaintiff in any action against the city, no execution shall issue therefor, but the council must allow the amount of the same with costs as taxed by the court. The councilman shall cause complete and full records of all such claims and transactions to be kept by the city clerk in books secured for that purpose; said city council shall require a statement to be published or posted, as may be designated by them, in January, April, July and October of each year showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived and also indicating the disposition made thereof and all outstanding bonds and other obligations.
Sec. 21. City Council; Meetings; Special Meetings; Quorum. The city council created by this act shall meet at least once a month in regular meeting at such time as shall be fixed by said council at the city hall or other designated place in said city to consider and take under advisement and act upon such business as may come before them.
κ1953 Statutes of Nevada, Page 404 (CHAPTER 283, AB 376)κ
city hall or other designated place in said city to consider and take under advisement and act upon such business as may come before them. Three councilmen or the mayor and two councilmen shall constitute a quorum for the transaction of all business, but no final action shall be taken in any matter concerning the special department of any absent councilman unless such business has been made a special order of the day, or such action is taken at a regular meeting of the council; provided, that no bonds may be issued nor taxes levied except at a regular meeting attended by at least three councilmen and the mayor, or by four councilmen without the mayor. Special meetings may be called by the mayor or by any two councilmen at any time to consider only such matters as shall be mentioned in the call for said meeting. Written notice of such special meetings shall be given to each member of said council by registered mail, with the postage and registry charges prepaid, and addressed to each member of said council of the city of North Las Vegas, Nevada, at least three days prior to the time for such special meeting. The registry receipts showing that such notices have been sent by registered mail shall be conclusive evidence that such notice has been given as herein provided, and that such special meeting was held pursuant to notice duly, regularly, and legally given. Any proceedings had at any special meeting of said board wherein all of the members thereof shall be present shall be as legal and valid as if had at a regular meeting or at a special meeting upon due notice. A special meeting may be held by unanimous written consent at any time without the giving of the notice hereinabove provided for. Any action of a majority of the city council, although not at a regularly called meeting, and the record thereof, if assented to in writing by all of the other members of the council, shall always be as valid and effective in all respects as if passed by the council in regular meeting. All official sessions of said council, whether regular or called shall be open to the public.
Sec. 22. Ordinances; Power to Enact; How Enacted; Style of. The city council of said city shall be vested with the power and charged with the duty of making all laws or ordinances not inconsistent with the constitution of this state or with this charter touching every object, matter and subject with the local government instituted by this act, and the style of all ordinances shall be: Be it ordained by the city council of the city of North Las Vegas, but such caption may be omitted when said ordinances are published in book form or are revised and digested under order of the council.
Sec. 23. City Council; Procedure; Impeachment. The city council shall determine its own rules of procedure in so far as the same do not conflict with this act, may punish its members for disorderly conduct, shall compel the attendance of its members, and with the concurrence of a majority of the members elected, may impeach and expel any member. Any member of the city council who shall have been convicted of bribery or any other felony, or who shall violate any other provisions of this act, shall forfeit his office and emoluments attached thereto.
Sec. 24. Vice-President; Election and Term of Office. At the first regular meeting of the city council after their induction into office, it shall be the duty of the council to elect one of its members by a majority vote of the council who shall be known and designated as vice-president, and he shall continue to hold the title and the office until the expiration of the term of office for which he was elected by the councilmen; but he shall receive no extra pay by reason of being or acting as vice-president.
κ1953 Statutes of Nevada, Page 405 (CHAPTER 283, AB 376)κ
it shall be the duty of the council to elect one of its members by a majority vote of the council who shall be known and designated as vice-president, and he shall continue to hold the title and the office until the expiration of the term of office for which he was elected by the councilmen; but he shall receive no extra pay by reason of being or acting as vice-president.
Sec. 25. Vice-President; Duties; Procedure in Absence of Mayor. If for any reason the mayor is absent from the city, sick or unable to perform the duties of his office, the vice-president shall act as mayor, and he shall be vested with all the powers and shall perform all the duties of the mayor during such absence or sickness. In case of the absence of both the mayor and the vice-president, the remaining councilmen shall elect one of their number to act instead of the mayor or vice-president.
Sec. 26. Vice-President; Duties; Title; When to Serve as Mayor. In case of the death, resignation, or permanent disability of the mayor, or whenever a vacancy in the office of mayor shall occur for any reason, the vice-president shall act as mayor and possess all the rights and the powers of the mayor and perform all of his duties under the official title, however, of vice-president and ex officio acting mayor, until the next municipal election. The board shall, by appointment, fill the vacancy thus created in the office of councilman.
Sec. 27. City Council; Investigations by; Contempt; False Swearing. The mayor and the city council may, and it shall be their duty, at any time, to investigate each and every department of the city government and the official acts and conduct of the city officials, and for the purpose of ascertaining facts in connection with such investigation shall have the power to compel the attendance and testimony of witnesses, to administer oaths, and to examine such persons as they may deem necessary, and compel the production of books and documents. Failure by any one to appear when served by a notice so to do shall be contempt, which may be punished by fine, and in default of the payment thereof, the person so fined may be imprisoned. Wilful, false swearing in such investigations and examination shall be perjury and punishable as such.
Sec. 28. Officers, Subordinate; Duties Restricted and Altered; Bonds. The city council shall have the power, and it shall be their duty to prescribe by ordinance, the powers and duties of all officers of the city, whether elected or appointed, where the same have not been provided for in this act, and shall have authority from time to time to add thereto, alter or restrict the same, and shall require of all such officers as they may deem necessary, to execute bonds payable to the city of North Las Vegas in such amount and form as the council may provide, with good and sufficient sureties, to be approved by the city council, conditioned for the faithful discharge of their respective duties. The city council shall have the power at any time to require any of such officers to execute a new bond or bonds when the existing bond or bonds shall, for any reason, be deemed by the council insufficient.
Sec. 29. Police; Duties. For the preservation of the peace, the police and watchmen shall have all the powers given by law to constables.
κ1953 Statutes of Nevada, Page 406 (CHAPTER 283, AB 376)κ
It shall be their duty to suppress all riots, disturbances and breaches of the peace; to arrest all persons fleeing from justice, to apprehend upon view any person found in the act of committing any offense against the laws of the state, or violating the ordinances of the city; and to take the offender before the proper magistrate or officer to be punished; to make complaints before the proper magistrate of any person known or believed to be guilty of crime or any violation of the ordinances of the councilmen, and to serve all processes that may be delivered to them for that purpose, and generally perform all such duties as may be required by the city council for the good government of the city.
Sec. 30. Municipal Court. There shall be in said city a municipal court; the papers, pleadings filed therein, and processes issuing therefrom shall be entitled, In the municipal court of the city of North Las Vegas.
Sec. 31. The municipal court shall be presided over by a police judge, who shall be a citizen of the state and resident of the said city for not less than one year and who shall be qualified elector of said city. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justice of the peace, wherein any person or persons are charged with breach or violation of the provisions of any ordinance of said city or of this act, or of a violation of a municipal nature, and the said court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of said city and be governed by the same rules and receive the same fees as are now or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The court shall have exclusive jurisdiction to try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter. The practice and proceedings in said court shall conform, as nearly as practicable, to the practice and proceedings of the justice courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city or county jail, at the rate of one day for every two dollars of such fine, or said court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets of said city, at a rate of two dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.
Said court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars; also of actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars; also of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars; also for the breach of any bond given by any officer or person to or for the use or benefit of the city, and with any action for damages in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also for the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district in like manner and with the same effect as provided for by law for certification of causes by justice courts.
κ1953 Statutes of Nevada, Page 407 (CHAPTER 283, AB 376)κ
of any bond given by any officer or person to or for the use or benefit of the city, and with any action for damages in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also for the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district in like manner and with the same effect as provided for by law for certification of causes by justice courts.
The said court shall have jurisdiction of offenses committed within the city, which violates the peace and good order of the city, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of peace, drunkeness, intoxication, fighting, quarreling, dogfights, cockfights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive, or opprobrious conduct, and all offenses under ordinances of the city.
The said court shall be treated and considered as a justice court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of said court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justices of the peace.
The police judge shall keep a docket in which shall be entered all official business in like manner as in justice courts. He shall render monthly or oftener, as the councilmen may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed but uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report.
In all cases in which the police judge shall by reason of being a party, or related to either defendant or plaintiff, or complaining witness, as the case may be by consanguinity or affinity within the third degree, or in case of his sickness, absence, or inability to act, any justice of the peace of said county, on the written request of the mayor, may act in the place and stead of such police judge, and the councilmen shall have power to apportion ratably the salary or compensation of such police judge to such justice of the peace so serving, and deduct the sum so apportioned from the salary of such police judge.
Appeals to the district court may be taken from any final judgment of said municipal court, in the same manner and with the same effect as in cases of appeal from justice courts in civil or criminal cases, as the case may be.
All warrants issued by the municipal court shall run to any sheriff or constable of the county or the marshal or any policeman of the city.
κ1953 Statutes of Nevada, Page 408 (CHAPTER 283, AB 376)κ
or constable of the county or the marshal or any policeman of the city.
Sec. 32. Ordinances when first proposed shall be read aloud in full to the city council, and final action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper at least once and at least one week prior to the meeting at which such final action is to be taken, which notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose of content thereof, the nature of such proposed ordinance; provided, however, that in cases of emergency, by unanimous consent of the whole council, such special action may be taken immediately or at a special meeting called for that purpose. No ordinance shall be passed as an emergency measure unless reasons for passing it as such are expressed in its preamble.
No ordinance passed by the board, unless it be an emergency measure, shall go into effect until thirty days after its passage. If at any time during said thirty days, a petition signed by qualified electors numbering not less than 20 percent of those who voted at the last preceding general municipal election, requesting the repeal of the ordinance or its submission to a referendum, be presented to the council such ordinance shall thereupon be suspended from going into operation, and it shall be the duty of the council to reconsider such ordinance. If upon reconsideration such ordinance is not repealed, the board shall, after the sufficiency of the referendum petition has been certified to by the city clerk, submit the ordinance to a vote of the electors of the municipality at a special election, unless a regular municipal election is to be held within ninety days, in which event it shall be submitted at such regular municipal election. No ordinance submitted to a vote of the electors shall become operative unless approved by a majority of those voting thereon.
Emergency measures shall be subject to referendum like other orders passed by the council, except that they shall go into effect at the time indicated in them. If, when submitted to a vote of the electors, an emergency measure is not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder.
Any proposed ordinance, resolution or amendment to this charter, may be submitted to the council by petition signed by qualified electors numbering not less than 20 percent of those who voted at the last preceding general city election. The form, sufficiency and regularity of such petitions, shall be determined in the manner herein provided. The petition presenting the proposed ordinance, resolution, or amendment shall contain a statement in not more than 200 words giving the petitioners reason why such ordinance, resolution or amendment should be adopted; and if such petition shall contain a request that the said ordinance, resolution or amendment be submitted to a vote of the people, the council shall either (a) pass such ordinance without alteration at the next regular meeting, after the sufficiency of said petition has been determined and certified to by the clerk, or (b) immediately after its refusal to pass such ordinance, resolution or amendment at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general election is to be held within ninety days thereafter, and at such special or general election submit such proposed ordinance, resolution or amendment without alteration to a vote of the electors of the city.
κ1953 Statutes of Nevada, Page 409 (CHAPTER 283, AB 376)κ
to the sufficiency of the petition, call a special election, unless a general election is to be held within ninety days thereafter, and at such special or general election submit such proposed ordinance, resolution or amendment without alteration to a vote of the electors of the city. The ballot used when voting upon any such ordinance shall contain a brief statement of the nature of the ordinance, and the two propositions in the order here set forth:
For the ordinance.
Against the ordinance.
and shall be printed as provided herein or in the general election laws. Immediately to the right of each of the propositions shall be placed a square in which the elector by making a cross (X) mark, may vote for or against the adoption of the ordinance. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, it shall thereupon become a valid and binding ordinance of the municipality. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section, but there shall not be more than one special election for such purpose in any period of six months. Ordinances adopted under the provisions of this section shall not be repealed or amended except by direct vote of the people as herein provided.
All ordinances shall be signed by the mayor and attested by the city clerk and be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in such city, if there by one; otherwise, some newspaper published in the county and having a general circulation in such city, for a period of at least two weeks, and at least once a week during said time, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, and said book or certified copy of the ordinances therein recorded, in the name of the city, shall be received as prima-facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the said council, they shall be so received. All ordinances heretofore adopted or amended unless previously repealed, are hereby declared valid and in full force and effect.
Sec. 33. The said city council shall have the following powers: To make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said council may deem proper; provided, that the punishment of any offense shall be by fine not to exceed three hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.
2. To control the finances and property of the corporation.
κ1953 Statutes of Nevada, Page 410 (CHAPTER 283, AB 376)κ
3. To appropriate same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
5. To borrow money on the credit of the city for corporate purposes in the manner and to the extent allowed by the statutes and the laws, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the council shall determine; and the said council may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any time bonds to an amount in excess of 60 percent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or within its limits as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip, or other evidences of indebtedness, excepting the bonded indebtedness, in excess of 2 percent of the assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring water, light and heat. The said board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within thirty years after issuing same. The city council shall have the power to acquire or establish any public utility only in the manner herein provided, nor shall any other bonded indebtedness be incurred except in said manner. The city council shall issue a proclamation which shall set forth briefly the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the council and mayor, or an engineer or party theretofore appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest, and time within which redeemable and on what fund. Such proclamation shall be published in full at least once a week for four consecutive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said council will pass an ordinance providing for said bond issue. At the first regular meeting of the council, or any adjournment thereof, after the completion of said publication, the council shall proceed to enact an ordinance for such purpose, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of said city; provided, however, that if a petition shall be presented to said council signed by not less than 10 percent of the qualified electors of the said city as shown by the last preceding registration list and representing not less than 5 percent of the taxable property of said city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said 10 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed; then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast as per paragraph 6, section C.
κ1953 Statutes of Nevada, Page 411 (CHAPTER 283, AB 376)κ
majority of the votes cast as per paragraph 6, section C. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said council pursuant to a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said council at any time prior to the date of meeting set in said published notice.
6. Water, sewer, and electric light and power revenue bond law of North Las Vegas.
Section A. That wherever used in this chapter, unless a different meaning clearly appears from the context, the term undertaking shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed: systems, plants, works, instrumentalities, and properties (1) used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses; (2) used or useful in connection with the collection, treatment and disposal of sewage, waste, and storm water, together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, intercepting sewers, trunk, connection, and other sewer and water mains, filtration works, pumping stations, and equipment; and (3) used or useful in connection with the generation and transmittal of electricity for light and power for public and private uses, and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, reservoirs, generating stations, transmittal lines, and equipment.
Section B. In addition to the powers which it may now have, said city shall have power under this chapter:
1. To acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any undertaking, wholly within or wholly without the city, or partially within and partially without the city, and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith;
2. To operate and maintain any undertaking for its own use and for the use of public and private consumers, and users within and without the territorial boundaries of the city;
3. To prescribe, revise and collect rates, fees, tolls or charges for the services, facilities or commodities furnished by such undertaking, and in anticipation of the collection of the revenues of such undertaking, to issue revenue bonds to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of any undertaking;
4. To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking (including the revenues of improvements, betterments or extension theretofore and thereafter constructed or acquired, as well as the revenues of existing systems, plants, works, instrumentalities and properties of the undertakings so improved, bettered, or extended) or of any part of such undertaking;
κ1953 Statutes of Nevada, Page 412 (CHAPTER 283, AB 376)κ
and thereafter constructed or acquired, as well as the revenues of existing systems, plants, works, instrumentalities and properties of the undertakings so improved, bettered, or extended) or of any part of such undertaking;
5. When determined by its city council to be in the public interest and necessary for the protection of the public health, to enter into and perform contracts, whether long term or short term, with any industrial or mining establishment for the provision and operation by the city of sewage facilities to abate or reduce the pollution of water caused by discharges of industrial or mining waste by the industrial or mining establishment and the payment periodically by the industrial or mining establishment to the city of amounts at least sufficient, in the determination of such city council, to compensate the city for the cost of providing (including payment of principal and interest charges, if any) and of operating and maintaining the sewerage facilities serving such industrial or mining establishment.
6. And notwithstanding any provision of this chapter to the contrary or in conflict herewith, to accept contributions or loans from the United States of America, or any department, instrumentality or agency thereof, for the purpose of financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction, and the construction, maintenance and operation of any undertaking; and
7. To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties or in order to secure the payment of its bonds; provided, no encumbrance, mortgage or other pledge of property of the city is created thereby; and provided, no property of the city is liable to be forfeited or taken in payment of said bonds; and provided, no debt on the credit of the city is thereby incurred in any manner for any purpose.
Section C. The acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking and the issuance in anticipation of the collection of the revenues of such undertaking of bonds to provide funds to pay the cost thereof may be authorized under this chapter by ordinance or resolution of the city council, which may be adopted at a regular meeting by a vote of a majority of the members elected to the city council; provided, however, that before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the city or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, the property owners and electors of the city at a general or special election called for that purpose in the manner prescribed by the provisions of an act entitled, An act relating to bond elections, providing for the manner of holding the same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto, approved March 16, 1937, and being chapter 70 of the Nevada session laws of 1937. It shall not be necessary, any provisions in this charter and the laws of the State of Nevada to the contrary notwithstanding, to submit at an election, in addition to the question of issuing bonds for any of the aforesaid purposes, a question for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking.
κ1953 Statutes of Nevada, Page 413 (CHAPTER 283, AB 376)κ
election, in addition to the question of issuing bonds for any of the aforesaid purposes, a question for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking. The city council, in determining such cost, may include all cost and estimated cost of the issuance of such bonds, all engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue during the construction period, and for six months thereafter, on money borrowed or which it is estimated will be borrowed pursuant to this chapter.
Section D. Revenue bonds issued under this chapter shall bear interest at such rate or rates not exceeding five per centum (5%) per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding the estimated life of the undertaking but in no event beyond thirty years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide. Said bonds shall be issued to the contractor in payment for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking, including all incidental expenses, or said bonds shall be sold at not less than par. Said bonds may be sold at private sale to the United States of America or any agency, instrumentality, or corporation thereof. Unless issued to a contractor or sold to the United States of America or any agency, instrumentality, or corporation thereof, said bonds shall be sold at public sale after notice of such sale published once at least five days prior to such sale in a newspaper circulating in the city. Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the city council may determine may be issued to the contractor or the purchaser or purchasers of bonds sold pursuant to this chapter. Said bonds and interim receipts or certificates shall be fully negotiable for all the purposes.
The city council may also provide in the ordinance or resolution authorizing the issuance of bonds under this chapter that the bonds, or such ones thereof as may be specified, shall, to the extent and in the manner prescribed, be subordinated and junior in standing, with respect to the payment of the principal and interest and the security thereof, to such other bonds as are designated in such ordinance or resolution.
Section E. Said bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon shall have ceased to be officers of the city issuing the same. The validity of said bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the undertaking for which said bonds are issued.
κ1953 Statutes of Nevada, Page 414 (CHAPTER 283, AB 376)κ
of the undertaking for which said bonds are issued. The ordinance or resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
Section F. Any ordinance or resolution authorizing the issuance of bonds under this chapter, to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of an undertaking, may contain covenants (notwithstanding that such covenants may limit the exercise of powers conferred by this chapter) as to:
(a) The rates, fees, tolls, or charges to be charged for the services, facilities and commodities of said undertaking;
(b) The use and disposition of the revenue of said undertaking;
(c) The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof;
(d) The purpose or purposes to which the proceeds of the sale of said bonds may be applied and the use and disposition of such proceeds;
(e) Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this chapter may bring any suit or action on said bonds or on the coupons thereof;
(f) A fair and reasonable payment by the city to the account of said undertaking for the services, facilities or commodities furnished said city or any of its departments by said undertaking;
(g) The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such undertaking;
(h) The insurance to be carried thereon and the use and disposition of insurance moneys;
(i) Books of account and the inspection and audit thereof;
(j) The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;
(k) The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations;
(l) The vesting in a trustee or trustees the right to enforce any covenants made to secure, to pay, or in relation to the bonds, as to the powers and duties of such trustee or trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed hereby;
(m) A procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;
(n) The manner of collecting the rates, fees, tolls, or charges for the services, facilities, or commodities of the undertaking, and the combining in one bill of the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking with the rates, fees, tolls, or charges for other services, facilities, or commodities afforded by the municipality; and the discontinuance of the services, facilities, or commodities of the undertaking, as well as any other services, facilities or commodities afforded by the municipality, in the event that the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking are not paid.
κ1953 Statutes of Nevada, Page 415 (CHAPTER 283, AB 376)κ
services, facilities, or commodities of the undertaking, and the combining in one bill of the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking with the rates, fees, tolls, or charges for other services, facilities, or commodities afforded by the municipality; and the discontinuance of the services, facilities, or commodities of the undertaking, as well as any other services, facilities or commodities afforded by the municipality, in the event that the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking are not paid. Nothing in this section or in any other section of this chapter shall be deemed in any way to authorize any city to do anything in any manner or for any purpose which would result in the creation or incurring of a debt or indebtedness or the issuance of any instrument which would constitute a bond or debt within the meaning of any provision, limitation, or restriction of the constitution relating to the creating or incurring of a debt or indebtedness or the issuance of an instrument constituting a bond or a debt.
Section G. Revenue bonds issued under this chapter shall not be payable from or charged upon any funds, other than the revenue pledged to the payment thereof, nor shall the city issuing the same be subject to any pecuniary liability thereon. No holder or holders of any such bonds shall ever have the right to compel any exercise of the taxing power of the city to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of the city, nor shall any such bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the city. Each bond issued under this chapter shall recite in substance that said bond, including the interest thereon, is payable solely from the revenue pledged to the payment thereof, and that said bond does not constitute a debt of the city within the meaning of any constitutional, statutory, or charter limitation.
Section H. In the event that the city shall default in the payment of the principal or interest of any of the bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the city or the city council or officers, agents or employees thereof shall fail or refuse to comply with the provisions of this chapter or shall default in any agreement made with the holders of the bonds, any holders of bonds, or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to a state court of competent jurisdiction, or any other court of competent jurisdiction, for the appointment of a receiver of the undertaking, whether or not all bonds have been declared due and payable, and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right, or exercise any remedy in connection with such bonds.
Upon such application such state court may appoint, and if the application is made by the holders of twenty-five per centum (25%) in principal amount of such bonds then outstanding, or any trustee for holders of such bonds in such principal amount, shall appoint a receiver of the undertaking. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the undertaking and each and every part thereof, and may exclude the city, its city council, officers, agents, and employees and all persons claiming under them wholly therefrom, and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and in the name of the city or otherwise, as the receiver may deem best, and shall exercise all the rights and powers of the city with respect to the undertaking as the city itself might do.
κ1953 Statutes of Nevada, Page 416 (CHAPTER 283, AB 376)κ
and may exclude the city, its city council, officers, agents, and employees and all persons claiming under them wholly therefrom, and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and in the name of the city or otherwise, as the receiver may deem best, and shall exercise all the rights and powers of the city with respect to the undertaking as the city itself might do. Such receiver shall maintain, restore, insure, and keep insured, the undertaking, and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient, and shall establish, levy, maintain and collect such fees, tolls, rentals, and other charges in connection with the undertaking as such receiver may deem necessary or proper and reasonable, and shall collect and receive all revenues and shall deposit the same in a separate account, and apply such revenues so collected and received in such manner as the court shall direct.
Whenever all that is due upon the bonds, and interest thereon, and upon any other notes, bonds or other obligations, and interest thereon, having a charge, lien, or encumbrance on the revenues of the undertaking and under any of the terms of any covenants or agreements with bond holders shall have been paid or deposited as provided therein, and all defaults shall have been cured and made good, the court may in its discretion, and after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of the undertaking to the city, the same right of the holders of the bonds to secure the appointment of a receiver to exist upon any subsequent default as hereinabove provided. Such receiver shall, in the performance of the powers hereinabove conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein.
Section I. Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power for the equal benefit and protection of all holders of bonds similarly situated:
(a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the city and its city council, and any of its officers, agents, or employees, and to require and compel such city or such city council, or any such officers, agents, and employees to perform and carry out its and their duties and obligations under this chapter, and its and their covenants and agreements with bondholders;
(b) By action or suit in equity to require the city and city council thereof to account as if they were the trustee of an express trust;
κ1953 Statutes of Nevada, Page 417 (CHAPTER 283, AB 376)κ
(c) By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders;
(d) Bring suit upon the bonds.
No right or remedy conferred by this chapter upon any holder of bonds, or any trustee therefor, is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law.
Section J. The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this chapter shall not affect the powers conferred by any other general or special law or charter provision. The undertaking may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended notwithstanding that any special or general law or charter provision may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension of a like undertaking and without regard to the requirement, restrictions, debt, or other limitations or other provisions contained in any other general or special law or charter provision, including, but not limited to, any restriction or limitation on the incurring of indebtedness or the issuance of bonds. Insofar as the provisions of this chapter are inconsistent with the provisions of any other general or special law or charter provision, the provisions of this chapter shall be controlling, except as otherwise herein provided.
7. To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.
8. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of licenses and terms and manner of their issuance.
10. To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or part within the city, including all theatres, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all dairies and dairy supply markets, taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells, or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies, operating in whole or in part within the city.
κ1953 Statutes of Nevada, Page 418 (CHAPTER 283, AB 376)κ
railway companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress tippling houses, dram shops, saloons, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products, of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress all saloons, barrooms, tippling houses, dram shops, any and all places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, stock corrals, foundries and machine shops.
To prohibit and suppress all dogfights, prize fights, cockfights, bear, bull or badger baits, sparring and sparring contests. To regulate, prohibit the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions such as music or otherwise.
To fix, impose and collect a license tax of street cars, telephones, gas meters, electric meters, water meters, or any other similar device for measuring service; also telephone, telegraph, electric light and power poles and wires-such license tax to be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.
To fix, impose and collect a license tax on and regulate all lawful professions, trades and callings, and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughterhouses, wood and fuel dealers, sewing-machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls, or other mechanical devices, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors, or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any kind and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, cars shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, drygoods stores of every, any and all kinds, boot and shoe stores, furniture stores, drugstores, undertakers, glass and crockery stores, tamale stands or shops, abstract or title companies or persons furnishing abstract of title, iron works, notion and notion shops, pipe and tobacco shops, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said council may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
κ1953 Statutes of Nevada, Page 419 (CHAPTER 283, AB 376)κ
houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, cars shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, drygoods stores of every, any and all kinds, boot and shoe stores, furniture stores, drugstores, undertakers, glass and crockery stores, tamale stands or shops, abstract or title companies or persons furnishing abstract of title, iron works, notion and notion shops, pipe and tobacco shops, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said council may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
11. To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles, and all automobiles, taxicabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns or other businesses.
12. To lay out, establish, open, alter, widen, extend, establish and enforce a uniform grade for grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.
13. To plant or direct and regulate the planting of ornamental shade trees, in, along and upon streets, avenues, sidewalks, parks and public grounds.
14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
15. To prevent and remove obstructions and encroachments upon the same.
16. To provide for and regulate crosswalks, curbs and gutters.
17. To name streets, avenues, or other public places, and to change the names thereof.
18. To regulate or prohibit traffic and sales upon the streets and sidewalks, and in public places.
19. To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk in front or along the same free from snow or obstructions.
κ1953 Statutes of Nevada, Page 420 (CHAPTER 283, AB 376)κ
or thereover, and to require the owner or occupant of any property to keep the sidewalk in front or along the same free from snow or obstructions.
20. To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury or obstruction to, any street, avenue, alley, park or public ground.
21. To regulate and prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, sign posts, awnings, poles for support of wires or cables, horse troughs or racks, or for posting handbills or advertisement.
22. To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.
23. To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
24. To regulate the speed of horses and other animals, bicycles, automobiles, motorcycles, and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues, and public places.
25. To regulate or prohibit any public demonstrations and processions.
26. To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues, and public places.
27. To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams of horses.
28. To regulate the ringing of bells, blowing of horns, bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the street or sidewalks.
29. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
30. To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, street railway or tramway in any street, avenue, alley or public place, and to grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks, streetcar tracks, and connecting and terminal tracks.
31. To declare a nuisance to take up and remove, or cause to be taken up and removed, the tracks of any railway, which shall have been laid upon, in, along, through or across any of the streets, alleys, avenues, or public places of the city and which shall not have been operated continuously with cars for public use for a period of one year after the laying thereof.
32. To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossing of streets, alleys, avenues, and public places, and keep the same in repair within the limits of the city.
κ1953 Statutes of Nevada, Page 421 (CHAPTER 283, AB 376)κ
ing of streets, alleys, avenues, and public places, and keep the same in repair within the limits of the city.
33. To require railroad companies to provide protection against injury to persons or property, to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such track may be crossed at any place on any street, alley, or avenue; to compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property shall not be impaired.
34. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
35. To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.
36. To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting or heating works in the city, and to give such persons, company or associations, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of the said city.
37. To provide for the lighting of the streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of gas, natural gas and electric and other lights and electric power.
38. To construct and maintain water works, gas works, electric light works, street railways, or bath-houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.
39. To construct or authorize the construction of water works without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operating of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
40. To regulate and control the water and watercourses, ditches, flumes, within or leading to the city, and to regulate and control mill privileges within the city.
41. To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or public purposes; and to prevent all waste of water, and, if necessary, to secure said sources of water supply to purchase or lease the land from or upon which said water has been appropriated or applied. Also to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.
κ1953 Statutes of Nevada, Page 422 (CHAPTER 283, AB 376)κ
42. To fix the rate to be paid for the use of water furnished by the city.
43. To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
44. To regulate the construction, repair and use of vats, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade; and to prescribe what qualifications shall be had by persons following said trade.
45. To establish markets and market-houses, and to provide for the regulation and use thereof.
46. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.
47. To provide for and regulate the inspection of meats, fruits, poultry, fish, milk, cream, butter, cheese, lard, vegetables, flour, meal and all other provisions.
48. To provide for the inspection, measurement, or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
49. To provide for the inspection and sealing of weights and measures.
50. To enforce the keeping and use of proper weights and measures by vendors.
51. To provide for and regulate the inspection of malt, vinous, fermented, and spirituous liquors.
52. To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.
53. To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, hide or junk warehouses, soap factories, foundries, breweries, distilleries, livery stables and blacksmith shops in, or within one mile of the limits of, the corporation.
54. To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pigsty, barn, corral, sewer or other unwholesome house or place, to cleanse, abate, or remove the same, and to regulate the location thereof.
55. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporation limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
56. To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
κ1953 Statutes of Nevada, Page 423 (CHAPTER 283, AB 376)κ
limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
57. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons, and others for default therein.
58. To provide for the burial of the indigent dead and to pay the expenses thereof.
59. To authorize the taking and to provide for safe keeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.
60. To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.
61. To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
62. To prescribe the manner of constructing stone, brick, and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.
63. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.
63 1/2. To adopt a building code regulating the construction, erection, enlargement, raising, alteration, repair, removal, maintenance, use, and height of buildings, including all plumbing and electric wiring therein and connected therewith, regulating the character and use of material in and for buildings, the nature and extent of occupancy of lots by proposed buildings, the restriction of building lines with reference to the lines of streets and alleys and with reference to adjoining lots, and providing for the application of said building code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zone, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction and which application shall be subject to approval or rejection or limited or provisional approval in the discretion of said city council if not fully complying with said building code, and providing in greater detail each, any, or all of the matters and things described in subsections 61, 62 and 63 or said section 33 of chapter 2 of said act; provided, however that said building code may be adopted by resolution of said city council and thereafter amended, changed, enlarged, or extended by resolution of said council, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for said purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said council shall cause a brief notice of such adoption to be published at least twice in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said council requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
κ1953 Statutes of Nevada, Page 424 (CHAPTER 283, AB 376)κ
code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zone, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction and which application shall be subject to approval or rejection or limited or provisional approval in the discretion of said city council if not fully complying with said building code, and providing in greater detail each, any, or all of the matters and things described in subsections 61, 62 and 63 or said section 33 of chapter 2 of said act; provided, however that said building code may be adopted by resolution of said city council and thereafter amended, changed, enlarged, or extended by resolution of said council, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for said purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said council shall cause a brief notice of such adoption to be published at least twice in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said council requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
64. To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
65. To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
66. To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables, and other places, and the building of bonfires.
67. Except as otherwise provided by law to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the council may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
68. To provide for the inspection and to regulate the use of steam-boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam generating apparatus, or elevators within the corporate limits of the city.
κ1953 Statutes of Nevada, Page 425 (CHAPTER 283, AB 376)κ
engines, boilers or steam generating apparatus, or elevators within the corporate limits of the city.
69. To prohibit cruelty to animals.
70. To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound keeper, and prescribe his duties, and to restrain and impound animals running at large, and to provide for the sale of the same. The proceeds arising from the sale of such animals after the payment of all costs, shall go to the city treasury to be disposed of according to law.
71. To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the council may deem proper.
72. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
73. To arrest, fine, or set to work on the streets or elsewhere all vagrants, mendicants and persons found in said city without visible means of support or some legitimate business.
74. To prevent intoxication, fighting, quarreling, dogfights, cockfights, prize fights, bullfights and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled is obtained by false pretense does not exceed in value the sum of fifty dollars.
75. To regulate and prohibit the carrying of concealed weapons.
76. To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
77. To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated; and also to punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.
κ1953 Statutes of Nevada, Page 426 (CHAPTER 283, AB 376)κ
becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.
78. To provide for and regulate the numbering of houses and lots.
79. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the council shall not have the power to mortgage, hypothecate, or pledge any property of the city for any purpose.
80. To erect, lease, acquire, and maintain all needful buildings for the use of the city.
81. The city council shall have the power to condemn property for public use.
Sec. 34. When power is conferred upon the council to do and perform any act or thing, and the manner of exercising the same is not specifically pointed out, the council may provide by ordinance the manner and details necessary for the full exercise of such power.
Sec. 35. County Commissioners to Apportion Road Funds. The board of county commissioners of Clark county shall, and it is hereby made their duty, from time to time, upon the request of the city council, to apportion to the city such portion of the North Las Vegas road district fund of the county of Clark as the value of the whole property within the corporate limits of the city, as shown by the assessment roll, shall bear to the whole property within the North Las Vegas road district, inclusive of the property within the city, and all moneys so apportioned shall be expended upon the streets, alleys, and public highways of the city, under the direction and control of the city council.
Sec. 36. Corporate Name of City, Plaintiff. All actions brought to recover any fine or to enforce any penalty under any ordinance of the city shall be brought in the corporate name of the city as plaintiff; and no prosecution, recovery or acquittal for the violation of any such ordinance shall constitute a defense to any other prosecution of the same person for any other violation of any such ordinance, although the different causes of action existed at the same time, and if united would not have exceeded the jurisdiction of a justice of the peace.
Sec. 37. All Fines to go to the City Treasury. All fines and forfeitures for the violation of ordinances and all money collected for licenses or otherwise, shall be paid into the treasury of the city at such times and in such manner as may be prescribed by ordinance.
Sec. 38. Punishment of Offenders. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court, before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders, until such fine, penalty and costs shall be fully paid, or satisfied at the rate of one day for each two dollars of such fine and costs.
κ1953 Statutes of Nevada, Page 427 (CHAPTER 283, AB 376)κ
fine, penalty and costs shall be fully paid, or satisfied at the rate of one day for each two dollars of such fine and costs.
Sec. 39. Any constable or sheriff may serve any process or make any arrest authorized to be made by any officer of the city.
Sec. 40. Property Delivered to Successors. Every officer of the city shall, within five days after notification and request, deliver to his successor in office all properties, books, and effects of every description in his possession and belonging to the city, and upon his failure, refusal or neglect to do so shall be liable for all damages caused thereby; and to such penalty as may be by ordinance prescribed.
Sec. 41. Additional Duties May Be Imposed. The duties, powers and privileges of all officers in any way connected with the city government, not herein defined, shall be defined by the council; and the defining by this act of the duties of city officers, shall not preclude the council from defining by ordinance further and additional duties to be performed by any such officer.
Sec. 42. Office of the City Clerk. The city clerk shall keep his office at the place of meeting of the city council or some other place convenient thereto, as the council may direct. He shall keep the corporate seal and all papers and records of the city and keep a record of the proceedings of, and be the clerk of the council, whose meetings it shall be his duty to attend. Copies of all papers filed in his office, and transcripts from all records of the city council certified by him, under the corporate seal, shall be evidence in all courts to the same effect as if the original were produced.
Sec. 43. Duties of the Clerk. He shall countersign all contracts made in behalf of the city. The city clerk shall draw and countersign all orders in pursuance of any order of resolution of the council and keep a full and accurate account thereof in books provided for that purpose; and shall make to the council from time to time upon the order of the council, reports of the financial condition of the city; shall make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action of the council as shall secure the payment of the principal and interest of such bonds; shall report annually on or before the first day of April, to the council, an estimate of the expenses of the city and the revenue necessary to be raised for the current year; shall keep regular books of account in which he shall enter all indebtedness of the city, and which shall, at all times show the financial condition of the city, the amount of bonds, orders, certificates or other evidences of indebtedness issued by the council, the amount of all bonds, orders, certificates or other evidences of indebtedness which have been redeemed, and the amount of each outstanding; shall keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from the different sources of revenue, and the amounts of which have been disbursed under the direction of the council; shall examine all reports, books, papers, vouchers and accounts of the city treasurer; shall audit all claims and demands against the city before they are allowed by the council; and shall keep a record of all claims presented and the action of the council thereon; and shall keep a book properly indexed in which he shall enter all contracts, which books shall be open to the inspection of all persons interested.
κ1953 Statutes of Nevada, Page 428 (CHAPTER 283, AB 376)κ
the council; and shall keep a record of all claims presented and the action of the council thereon; and shall keep a book properly indexed in which he shall enter all contracts, which books shall be open to the inspection of all persons interested. He shall record in a journal all ordinances, bylaws, rules or resolutions passed or adopted by the council, which journal, after being read and approved at each regular meeting, shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any person or officer and shall charge such person or officer with the same. He shall countersign and certify all claims for the payment of money, executed by the mayor. All claims against the city shall be filed with the clerk, who shall report in writing upon the same and on all matters pertaining to his office, at each regular meeting of the council, or oftener if required. The city clerk shall be the official license collector of the city and shall collect for all city licenses and all other moneys making up the city revenues, except general taxes. All moneys belonging to the city (except general taxes), and collected by any person whomsoever, shall be at once paid over to the city clerk, and the city clerk shall promptly pay the same over, together with all moneys in his hands, to the city treasurer. All special taxes, whenever and wherever practicable, shall be collected by the city clerk. The time and manner of collection of special taxes, and collection of licenses shall be fully provided for and fixed by ordinance. Whenever any person required by any city ordinance to take out a license, shall fail, neglect or refuse to do so, or shall carry on any licensed business, trade or calling without having procured the requisite license therefor, the city clerk shall forthwith report such delinquent to the council, who may cause an attachment suit in the name of the city to be brought against such delinquent, whereupon an attachment shall issue with bond on behalf of the city, and the clerk may make the necessary affidavit for attachment. No fees shall be allowed any officer or person unless the same be made as costs from the defendant. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance the business in such places or building is required to pay a license, shall be liable for and may be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within five days after the same becomes due and payable, the sum of one dollar, which shall become and be part of the license and shall, with such license, be collected by the city clerk, and he shall perform such other duties as the council may provide by ordinance.
Sec. 44. Statement of Finances. The city clerk shall prepare on or before the first Monday in March of each year, and thereafter keep on file in his office, subject to public inspection, a detailed statement of the financial condition of the city and of all receipts and expenditures for the previous year, ending December 31, showing:
κ1953 Statutes of Nevada, Page 429 (CHAPTER 283, AB 376)κ
1. The total receipts of the city, stating particularly the source of each portion of revenue.
2. The amount of cash on hand at the date of the last report.
3. The amount of sinking fund and how invested.
4. The number, date and amount of every bond issued, or redeemed, and the amount received or paid therefor.
5. The indebtedness of the city, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part thereof.
6. Each warrant issued, to whom and on what account.
7. The amount of cash in the city treasury and its several funds. He shall publish on or before the first Monday in March of each year, in some newspaper having general circulation in the city, a notice that such a detailed statement has been prepared, is on file in his office, and open to public inspection at all times.
Sec. 45. City Treasurer. The city treasurer shall receive all money belonging to the city, including all taxes, licenses, and fines, and keep an accurate and detailed account thereof, in such manner as provided in this act, or as the council from time to time may by ordinance direct, and he shall collect special taxes and assessments as provided by law and ordinance. He shall make a settlement with the city clerk as the board may direct, at the end of every month, and turn over all warrants, interest, coupons, bonds, or other evidence of indebtedness of the city, which may have been redeemed by him during the month, taking the receipt of the city clerk therefor, and all such warrants, orders, or other evidence of indebtedness shall be cancelled by him, and have written or stamped thereon the date of their payment or redemption.
Sec. 46. Further Duties of City Treasurer. He shall pay no money out save upon lawful warrant, except on account of bonds and interest coupons, which when due may be paid upon representation, or in case the same are payable at some other place, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due.
The city treasurer shall receive and safely keep all moneys that shall come to the city by taxation or otherwise, and shall pay the same out, only on claims duly allowed, except the principal and interest of any municipal bonded indebtedness. The treasurer of Clark county shall pay over to the city treasurer all moneys that shall come to him as county treasurer by way of taxation or otherwise for and on behalf of the city at least once each month.
All taxes, fines, forfeitures, or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this charter or of any ordinance of the city, or by or under any law, and all moneys received or collected shall without delay be paid by the city clerk, who shall keep an accurate account thereof and give itemized receipts therefor in duplicate, one of which shall be given to the city auditor immediately for the more perfect keeping of his accounts, and for the information to the council, and the other of said duplicate receipts shall be given to the officer or person for such money.
κ1953 Statutes of Nevada, Page 430 (CHAPTER 283, AB 376)κ
All such money shall be placed by the treasurer in a fund to be known as the city of North Las Vegas general fund; and shall be so kept intact and not commingled with other moneys or in any manner disposed of except as paid out upon proper warrants and claims against the city, including the principal and interest of any municipal bonded indebtedness.
On paying any warrant, the treasurer shall write or stamp across the face thereof, in red ink, the words Redeemed with the date of such redemption and sign his name thereto officially, and the warrant so cancelled shall be sufficient voucher for the treasurer as to the amount so paid, in his official settlements with the city, which shall take place annually on the fourth Monday in December of each year, or oftener as may be required by the council. The mayor, city clerk, or any member of the council may at any time examine the books and vouchers of the treasurer, concerning the state of the finances and moneys in the hands of the treasurer belonging to the city.
The city treasurer shall, before entering upon the discharge of his duties, execute to the city a good and sufficient surety bond, to be in such sum as may be required by the council. The city treasurer shall perform such other and further duties as may be required, or be prescribed by ordinance.
Sec. 47. Warrants. All warrants shall be paid out of their respective funds in the order in which they shall be issued.
Sec. 48. Receipts for Payments. The treasurer shall give to every person paying money into the city treasury a receipt therefor, specifying the date of payment and upon what account paid; and he shall also file the duplicate of such receipt with the city clerk, as the council may direct, at the date of his monthly report.
Sec. 49. City Moneys Kept Intact. The treasurer shall keep all moneys belonging to the city separate and distinct from his own money.
Sec. 50. Report of Treasurer. The treasurer shall report to the council at such times as may be prescribed by ordinance, giving a full and detailed account of all receipts and expenditures since his last report, and the state of the treasury. He shall also keep a register of all warrants redeemed and paid during the year, and describing such warrants, their date, amount, number, the fund from which paid, and the person to whom paid, specifying also the time of payment. And all such warrants shall be examined by the council at the time of receiving such report.
Sec. 51. Special Funds. All moneys received from any special assessments shall be held by the treasurer as a special fund, to be applied to payment for the improvement for which the assessment was made, and said money shall be used for no other purpose whatever.
Sec. 52. City Taxes. The council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding three (3) percent upon the assessed value of all real estate, and personal property within the city made taxable by law; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for collection of state and county taxes; and the revenue laws of the state shall, in every respect not inconsistent with the provisions of this act, be deemed applicable and so held to the levying, assessing, and collecting of the city taxes; provided, that in the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization, as are the state and the county.
κ1953 Statutes of Nevada, Page 431 (CHAPTER 283, AB 376)κ
of state and county taxes; and the revenue laws of the state shall, in every respect not inconsistent with the provisions of this act, be deemed applicable and so held to the levying, assessing, and collecting of the city taxes; provided, that in the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization, as are the state and the county. And whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing, and collecting the state and county revenues shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The council shall enact all such ordinances as it may deem necessary and not inconsistent with this act and the laws of the state, for the prompt convenient, and economical collecting of the city revenues.
Sec. 53. Revenue Ordinance. The council shall have full power to pass and enact all ordinances necessary or required to carry into effect the revenue laws in the city and to enlarge, fix, and determine the powers and duties of all officers in relation thereto.
Sec. 54. Expenses, How Proportionately Paid. Such part of the expenses of improving any streets, lanes, avenues, or alleys by grading, paving, graveling, curbing, parking, constructing sidewalks or crosswalks, or otherwise improving the same, as the council shall determine, may be paid from the general fund or district street fund, from the proper street district, or the said cost or a portion thereof, as the council shall determine, may be defrayed by special assessments upon lots and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon such improvement and such other lands as in the opinion of the council may be benefited by the improvement. When the council shall determine to make any public improvement, such as laying pavements, constructing sewers, drains, sidewalks and crosswalks, curbing, macadamizing, oiling, graveling or grading any streets, avenues, or alleys or in any way improving the same, and shall determine to defray the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or proportion of the expenses thereof shall be paid by special assessments and what amount shall be paid out of the general fund, district street fund or any other fund.
Sec. 55. When Portion is Paid From City Funds. When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the city or public ground not taxable, abutting on such improvements, such part of the expenses of such improvements as, in the opinion of the council would be justly apportionable to such public grounds and city property, and to any interior squares or spaces formed by the intersections of streets where the abutting property is taxable, shall be paid from the general fund or from the proper street or district street fund, or partly from each, as the council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvement or improved streets in proportion to their number of feet frontage; or, if the special assessment shall include other lands not abutting upon the improvement, then upon all the land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement.
κ1953 Statutes of Nevada, Page 432 (CHAPTER 283, AB 376)κ
the special assessment shall include other lands not abutting upon the improvement, then upon all the land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement. When such assessment, if, from the shape or size of any lot, the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the council may assess such lots for such number of feet frontage as in their opinion would be just.
Sec. 56. Municipal buildings for the use of the city, and its officers, engine houses, and the structures of the fire department, and other public purposes, including the necessary land for such purposes, shall be paid for from the proper general fund of the city, except that, in case of lands apportioned for streets and rights of way, the cost thereof may be paid in whole or in part from the proceeds of a special assessment levied therefor in the manner herein prescribed. Whenever, in the opinion of the council, the benefits thereof are special, rather than general or public, the cost and expense of any local improvements may be defrayed in whole or in part by special assessments upon the lands abutting upon or adjacent to or otherwise benefited by such improvements. Such special assessments may be made in the manner hereinafter specified.
Sec. 57. Special Assessments, Ordinance For. When the council shall determine to make any public improvements or repairs, in the laying of pavements or constructing sidewalks, or in any way improving the streets in the city, and shall determine to defray the whole or any part of the cost and expenses thereof by special assessment, they shall so declare by ordinance stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been or is proposed to be appropriated from the general fund of the city, or from the street fund or district street fund, and whether the assessment is to be made according to benefits, they shall by apt description designate the district including the lands to be assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and to state that the assessment is to be made upon all the lands benefited thereby proportionately to the benefits received; but in case the assessment is to be upon the property upon a frontage basis it shall be sufficient for said ordinance to so state and to define the location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply so to designate the property, district or the location that the various parts to be assessed can be ascertained and described by the city assessor.
Sec. 58. Estimates First To Be Had. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the council shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the city clerk for public examination; and they shall give notice thereof and of the proposed improvement, or work, or the location of the improvement, and of the district to be assessed, by publication for at least two weeks in some newspaper published in said city, by posting notices of the same, in at least three public places in said city, one of such shall be in or near the post office of the city, and in addition by posting notices in three public places near the site of said proposed work.
κ1953 Statutes of Nevada, Page 433 (CHAPTER 283, AB 376)κ
improvement, and of the district to be assessed, by publication for at least two weeks in some newspaper published in said city, by posting notices of the same, in at least three public places in said city, one of such shall be in or near the post office of the city, and in addition by posting notices in three public places near the site of said proposed work. Said notices shall state the time when the council will meet and consider any suggestions and objections that may be made by parties in interest to the proposed improvements. Unless the owners of more than one half of the frontage to be assessed shall file written objections thereto, such improvement or work shall be ordered and said notice shall so specify.
Sec. 59. Special Assessments. In all cases where the board of health or other officials of the city, or the city council are authorized to do, or cause to be done, certain things, the whole or any part of the cost of which may be properly defrayed by special assessment, and where special provisions for making the levy are not herein made, the council may cause sworn statements of the cost and location thereof to be made as provided in section 60 hereof, and may refer the same to the assessor, and have the same assessed against such property.
Sec. 60. Any Cost Over the Value of Property Paid by the City. The cost and expense of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding the value of such lot or premises which would otherwise be chargeable upon said lot or premises, shall be paid from the general funds of the city. The council shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as part of such assessment.
Sec. 61. Must Be Advertised. No contract for doing the work or making the improvement contemplated herein shall be made or awarded, nor shall the council incur any expense or liability in relation thereto, except for plats, diagrams, estimates and notices, until after the notice and hearing provided for herein shall have been given and had. But nothing herein contained shall be construed as preventing the council from advertising for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.
Sec. 62. Pro Rata Assessments. When a special assessment is to be made pro rata upon the lots or premises, in any special district, according to frontage or benefits, the council shall, by ordinance, direct such special assessment to be made by the assessor, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises or the locality constituting the district to be assessed in fixing the amount of sum of money that may be required to pay the costs of improvement, the council need not necessarily be governed by the estimates of the costs of such improvement provided for herein, but the council may fix such other sum, within the limits prescribed, as they may deem necessary to cover the cost of such improvement.
κ1953 Statutes of Nevada, Page 434 (CHAPTER 283, AB 376)κ
fix such other sum, within the limits prescribed, as they may deem necessary to cover the cost of such improvement.
Sec. 63. Assessment Roll. Upon the passage of such ordinance the assessor shall prepare an assessment roll, entering and describing therein all lots, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon the amount to be assessed in the manner directed by the council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor, he shall, in lieu of the name of the owner, insert the word unknown; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated; but shall, in all respects, be as valid upon and against such lot, parcel of land or premises as though assessed in the name of the owner thereof, and when the assessment roll shall have been approved, such assessment shall become a lien on such lot; parcel of land or premises, and be collected as provided by law. Such assessment so levied by the city assessor shall be entered in the general assessments, and the county in a special column for special assessments, and the county auditor, acting as ex officio city auditor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting ex officio as city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of North Las Vegas from collecting any special assessment by suit in the name of the city of North Las Vegas; and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.
If in any action for the collection of any assessment it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city and is a proper charge against the defendant, or the lot or the premises in question render judgment for the amount properly chargeable against such defendant or upon such lot or premises.
Sec. 64. Frontage Assessment. If the assessment be made upon the basis of frontage, the assessor shall assess each lot or parcel of land with such relative portion of the whole amount to be levied as the length of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape or size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the assessor.
κ1953 Statutes of Nevada, Page 435 (CHAPTER 283, AB 376)κ
assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the assessor.
When According to Benefit. If the assessment is directed to be according to benefits, the assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement.
Sec. 65. Assessors Certificate. When the assessor shall have completed the assessment he shall report the same to the council. Such report shall be signed by him and made in the form of a certificate endorsed on the assessment roll as follows:
State of Nevada
} ss.
County of Clark
To the city council of the city of North Las Vegas: I hereby certify and report that the foregoing is the assessment roll, and assessment made by me pursuant to an ordinance of the council of said city, adopted (give date), for the purpose of paying that part of the cost which the council decided should be paid and borne by special assessment for paving .......................... street from .......................... street to .......................... in said city, (as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment conformed in all things to the direction contained in the ordinance of the council hereinbefore referred to.
......................... Assessor.
Dated .........................., Nevada, .........................., A. D. 19...........
Sec. 66. Certain Special Assessments. When any expense shall be incurred by the city or in respect to any single lot, parcel of land or premises which, by the provisions of this act, the council is authorized to charge and collect as a special assessment against the same, and not being in that class of special assessment required to be made pro rata upon several lots or parcels of land, an account of the labor or services for which such expense was incurred, verified by the officer or person performing the services, or causing the same to be done, with a description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the council. And the provisions of the previous sections thereof, with reference to special assessments, shall not apply to the assessments to cover the expenses incurred, in respect to the class of improvement contemplated in this section.
Sec. 67. Council to Determine. The council shall determine what amount or part of every expense shall be charged as a special assessment and the premises upon which the same shall be levied; and as often as the council shall deem it expedient they shall require all of the several lots or premises chargeable therewith respectively to be reported by the city clerk to the assessor for assessment.
Sec. 68. Notice of Assessment To Be Published. Upon receiving the report mentioned in the preceding section the assessor shall make a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed as aforesaid to be levied upon each of such lots or premises respectively, and when completed he shall report the assessment roll to the council.
κ1953 Statutes of Nevada, Page 436 (CHAPTER 283, AB 376)κ
aforesaid to be levied upon each of such lots or premises respectively, and when completed he shall report the assessment roll to the council. When any special assessment shall be reported by the assessor to the council, as in this section directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment, the council shall cause notice to be published in the city at least twice, as per section 81 after the filing of the same with the city clerk, and appointing a time when the council and assessor will meet to review the assessments.
Objection to Assessment, How Made. Any person objecting to the assessment may file his objection thereto with the city clerk.
The notice provided for in this section may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:
(Form of notice.)
Notice of Special Assessment
To.......................... (insert the names of persons against whom the assessment appears) and to all persons interested, take notice:
That the roll of special assessment heretofore made by the assessor for the purpose of defraying that part of the costs which the council decided should be paid and borne by special assessment for the (e. g., paving..........................street to..........................street in the city of North Las Vegas) or (constructing a sewer on..........................street between..........................street and..........................street) or (as the case may be) is now on file at my office for public inspection. Notice is hereby given that the council and the assessor of the city of North Las Vegas will meet in the..........................room in this city on..........................(insert the date fixed upon) to review said assessment, at which time and place opportunity will be given all persons interested to be heard.
Date........................... ...................................................., City Clerk.
Sec. 69. Assessment Corrected, How. At the time appointed for the purpose aforesaid the council and assessor shall meet and then or at some adjourned meeting review the assessments, and shall hear any objection to said assessments which may be made by any person deeming himself aggrieved thereby, and shall decide upon the same; and the council may correct the same as to any assessment or description of the premises appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the assessor for revision, or annul it and direct a new assessment, in which case the assessment shall be made anew. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words:
Special assessment roll for the.......................... (describe fully what the assessment is for) ..........................approved by the council the ..........................day of (month), 19.........
Dated........................... ...................................................., City Clerk.
Sec. 70. Assessment Roll. When any special assessment roll is approved by the council it shall be final and conclusive. Said bill, when so endorsed by the city clerk shall be prima facie evidence in all courts and tribunals of the regularity of all proceeding preliminary to the making thereof and the validity of said assessment and assessment roll.
κ1953 Statutes of Nevada, Page 437 (CHAPTER 283, AB 376)κ
all courts and tribunals of the regularity of all proceeding preliminary to the making thereof and the validity of said assessment and assessment roll.
Sec. 71. Special Assessments of a Lien on Property. All special assessments shall from the date of approval thereof constitute a lien upon the respective lots or parcels of land assessed. Upon the approval of any assessment, the amount thereof may be divided into not more than thirty installments to be collected semiannually, at such time as the council may determine.
Sec. 72. Special Assessments Due on Approval. All special assessments, except such installments thereof as the council shall make payable at a future time, as provided in the preceding section, shall be due and payable on approval.
Sec. 73. On Dividing Property, How Apportioned. Should any lots of land be divided after a special assessment thereon shall have been approved and divided into installments and before the collection of the installments, the council may require the assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment, when approved, shall be conclusive of all the parties, and all assessments thereafter make upon such lots or lands shall be according to such subdivision.
Sec. 74. When Insufficient, Deficit Paid by City. Should any special assessment prove insufficient to pay for the improvement or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.
Sec. 75. New Assessment, When. Whenever any special assessment shall, in the opinion of the council, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the council shall, whether the improvement has been made or not, or whether any parts of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment in this act.
Sec. 76. Previous Payments, How Applied. Whenever any sum or part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment of said premises.
Sec. 77. Special Assessment, How Enforced. When any special assessment shall be approved and payable, the council may direct the city clerk to report to the assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made, and to require the assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed as a tax in the general assessment roll next thereafter, to be made in a column for special assessments, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that at any time after the special assessment has become payable the same may be collected by suit in the name of the city in any court of competent jurisdiction.
κ1953 Statutes of Nevada, Page 438 (CHAPTER 283, AB 376)κ
the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that at any time after the special assessment has become payable the same may be collected by suit in the name of the city in any court of competent jurisdiction. The special assessment roll and the certified ordinance or resolution approving the same shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.
Sec. 78. Irregularities, How Remedied. If in such action provided for in the preceding section it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.
Sec. 79. Taxpayer Defined. A taxpayer within the meaning of this charter, shall be construed to be and include persons whose names appear on the official tax roll for the current or the year preceding that in which the elector offers to vote. The judges or officers of election shall have power, and it is hereby made their duty in all cases of special elections on bonds or franchises, to require of each person offering to vote thereat to show by the affidavit of such person that he possesses the qualifications prescribed; provided, that such judges or election officials may require further proofs for, as well as against, the right of any person to vote, when such right is challenged by a duly qualified elector.
Sec. 80. All publications herein provided for shall be made in a newspaper of general circulation published in the city; provided, however, the cost of publication shall not exceed the usual legal rates.
Sec. 81. Amendments. This charter may be amended in the following manner: Proposed amendments may be initiated either by the council or by the initiative petition as provided in section 32. Any proposal thereby submitted to the electors for approval shall take the regular course in this charter prescribed, and, if approved by the majority, this charter shall be considered so amended.
Sec. 82. In Effect. This act shall take effect from and after its passage and approval.
________
κ1953 Statutes of Nevada, Page 439κ
Senate Bill No. 178Committee on Public Morals.
CHAPTER 284
AN ACT to amend the title of and to amend an act entitled, An act concerning slot machines, gambling games, and gambling devices; providing for the operation thereof under county and state licenses; providing for certain license fees and the use of the money obtained therefrom; prohibiting minors from playing and loitering about such games; designating the penalties for violations of the provisions thereof; and other matters properly relating thereto, approved March 19, 1931.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The title of the above-entitled act, being chapter 99, Statutes of Nevada 1931, is hereby amended to read as follows:
An act concerning slot machines, gambling games, and gambling devices; providing for the operation thereof under county and state licenses; providing for certain license fees, table taxes and the use of the money obtained therefrom; providing for the issuance, revocation and suspension of state licenses; prohibiting minors from playing and loitering about such gambling games and devices; designating the penalties for violations of the provisions thereof; and other matters properly relating thereto.
Sec. 2. Section 10a of the above-entitled act, as last amended by chapter 93, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 10a. 1. It shall be unlawful for any person, firm, association or corporation, either solely or in conjunction with others, to operate, carry on, conduct, maintain or expose for play any game or games as defined in this act, or to receive directly or indirectly any compensation or reward, or any percentage or share of the money or property played for, for keeping, running or carrying on or permitting the said game or games to be carried on without first having obtained a license to do so. No license granted under this act shall be assigned either in whole or in part. And it shall also be unlawful for any person, firm, association, or corporation to lend, let or deliver any equipment of any gambling game, including any slot machine for any interest or any percentage or share of the money or property played, under guise of any agreement whatsoever, without likewise having first procured a state gambling license for the same as hereinafter provided. The provisions of this section shall be deemed to require licensing of all games, devices, machines, services or operations included under section 1 of this act.
2. Within a reasonable time after filing the application, the commission shall conduct such hearing or hearings as the commission may deem necessary and final hearing and order of the commission thereon shall be made within a reasonable time after the filing of said application.
3. Every licensee shall at all times maintain on file with the commission a current report, verified by the affidavit of the person or officer of a corporation, to whom the license is issued, which shall set forth:
κ1953 Statutes of Nevada, Page 440 (CHAPTER 284, SB 178)κ
(a) The names and addresses of all individuals owning interests, shares, stock, or otherwise capable of any voice in the control of the establishment, and the interest or share of each person.
Sec. 3. Section 10b of the above-entitled act, as added by chapter 93, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 10b. The provisions of this act respecting state gaming licenses shall be administered by the Nevada tax commission which is hereby charged with administering the same for the protection of the public and in the public interest and said tax commission is hereby empowered to make such rules and regulations as may be necessary for the administration of this act and not inconsistent with the provisions hereof, which said rules and regulations may include, without limitation thereof, the following:
(1) Prescribing the method and form of application which any applicant for a gaming license shall follow and complete prior to consideration of said commission of his application.
(2) Prescribing the manner and method of collecting fees and issuing licenses.
(3) Defining the area, games and devices for the purpose of the establishment tax as required under section 10ee of this act.
(4) Information concerning applicants antecedents, habits and character.
(5) Requiring fingerprinting of an applicant or licensee or other method of identification.
(6) Prescribing under what conditions the nonpayment of a gambling debt by an operator shall be deemed grounds for revocation or suspension of his license.
(7) Prescribing the manner and procedure of all hearings conducted by said commission, and notices thereof.
The Nevada tax commission may limit said licenses, or place such conditions thereon, as it may, in the public interest, deem necessary.
It is hereby declared to be the policy of this act that all establishments where gambling games are conducted or operated or where gambling devices are operated in the State of Nevada shall be licensed and controlled so as to better protect the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada, and it is hereby made the duty of the Nevada tax commission to investigate into the legal qualifications of each applicant for licenses under this act before any such license is issued to the end that licenses shall not be issued to unqualified or disqualified persons or to unsuitable persons of for prohibited places or locations. Without limiting any provisions of this act the following persons are declared to be not qualified or satisfactory to hold any license under the provisions of this act:
1. A person who shall have been convicted with the past five years:
(a) Of a felony or of any crime which under the laws of this state or the United States would amount to a felony.
(b) In this state, or elsewhere, of any crime of which fraud or intent to defraud was an element.
κ1953 Statutes of Nevada, Page 441 (CHAPTER 284, SB 178)κ
(c) Of larceny in any degree.
(d) Of buying or receiving stolen property.
(e) Of unlawful entry of a building.
(f) Of unlawfully possessing or distributing narcotic drugs.
(g) Of illegally using, carrying or possessing a pistol or other dangerous weapon.
2. A person under the age of 21 years.
3. A person who is not a citizen of the United States.
The Nevada tax commission, its agents, inspectors and employees, shall have the authority to inspect and examine all premises wherein gambling is conducted; to inspect all equipment and supplies used therein for gambling purposes; and to remove under legal process from said premises any of such equipment or supplies for the purpose of examination and inspection; and shall have the further power to demand access to and inspect, examine and audit all papers and records of applicants and licensees respecting the gross income produced by their business and require verification of income and all other matters affecting the licenses and license rates provided herein. For the purpose of the administration of this act, the members of the Nevada tax commission, its agents, inspectors and employees shall be invested with the powers of a peace officer of the State of Nevada. All information and data required by the commission to be furnished to it hereunder or which may be otherwise obtained, shall be considered confidential and shall not be revealed in whole or in part to anyone except in the course of the necessary administration of this act except upon court order; provided, however, that such information and data except information and data relative to the earnings or revenue of any applicant or licensee may be revealed in the course of any public hearing ordered by the commission.
All information and data pertaining to an applicants criminal record, antecedents and background other than financial, furnished to or obtained by the commission from any federal or state investigative agency, bureau or commission, or from any other informant or source shall be considered confidential and may be witheld in whole or in part from anyone; provided, however, that any information shall be released upon lawful order of a court of competent jurisdiction.
The Nevada tax commission shall have full power and authority to grant or deny any application for license, or to revoke or suspend any license, for reasonable cause or any statutory ground stated in this act. The commission shall also have full power and authority to issue subpenas and compel the attendance of witnesses, to administer oaths and to require testimony under oath, and any person making false oath in any matter before the commission shall be guilty of perjury.
Sec. 4. The above-entitled act, being chapter 99, Statutes of Nevada 1931, is hereby amended by adding thereto a new section designated section 10b1, which shall immediately follow section 10b and which shall read as follows:
Section 10b1. The commission, if satisfied of the truth of the statements in the application and on tender of the amounts payable, and if satisfied from such statements all other information that may be obtained elsewhere, that the antecedents, habits and character of the applicant indicate that he will faithfully perform and observe all requirements of this act and all the conditions of the license on his part to be observed and performed, will issue to the applicant or applicants named, under the name or style therein designated, such appropriate license as is provided by law; otherwise such license will be denied, but without prejudice, to any new and different application.
κ1953 Statutes of Nevada, Page 442 (CHAPTER 284, SB 178)κ
satisfied from such statements all other information that may be obtained elsewhere, that the antecedents, habits and character of the applicant indicate that he will faithfully perform and observe all requirements of this act and all the conditions of the license on his part to be observed and performed, will issue to the applicant or applicants named, under the name or style therein designated, such appropriate license as is provided by law; otherwise such license will be denied, but without prejudice, to any new and different application. The commission may, by unanimous vote, and if satisfied of the necessity of the action, issue a probationary license.
Sec. 5. The above-entitled act, being chapter 99, Statutes of Nevada 1931, is hereby amended by adding thereto a new section designated section 10b2, which shall immediately follow section 10b1 and which shall read as follows:
Section 10b2. Each employer shall require all employees directly or indirectly connected with the gaming operation, who have not been printed in accordance with a gambling regulation by a political subdivision of the state, to have their fingerprints taken and to furnish two copies of such prints to the Nevada tax commission.
Sec. 6. Section 13c of the above-entitled act, as added by chapter 93, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 13c. No county, incorporated city or town, or unincorporated city or town shall grant a license for gaming to any applicant unless such applicant shall hold a state gaming license issued by the Nevada tax commission as in this act provided. The issuance, however, by the Nevada tax commission of said license shall impose no requirement upon any such county, city or town to issue a gaming license to said applicant. No person shall be permitted to engage in gaming operations in the State of Nevada, as defined under section 1, unless said individual shall have all of the necessary licenses required by this act or by any city or town or unincorporated city or town.
Sec. 7. The above-entitled act, being chapter 99, Statutes of Nevada 1931, is hereby amended by adding thereto a new section designated section 13d, which shall immediately follow section 13c, and which shall read as follows:
Section 13d. The Nevada tax commission is hereby authorized to employ and fix the compensation of such attorney or attorneys deemed necessary by it to assist it in carrying out the provisions of this act.
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κ1953 Statutes of Nevada, Page 443κ
Senate Bill No. 214Senator Lovelock.
CHAPTER 285
AN ACT to amend an act entitled, An act to provide for the appointment of bailiffs for the district courts of the several judicial districts of this state in the counties polling forty-five hundred or more votes; defining the powers and duties of such bailiffs; fixing their compensation and repealing all acts or parts of acts in conflict with this act, approved February 24, 1909.
[Approved March 27, 1953]
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, as last amended by chapter 240, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 2. In all judicial districts where there is more than one judge, there shall be but one bailiff to attend all divisions of the court, said bailiff to be appointed by the joint action of the judges; provided, if the judges cannot agree upon the appointment of the same within thirty days after a vacancy occurs in the office of bailiff, then the appointment shall be made by a majority of the board of county commissioners.
Sec. 2. Section 5 of the above-entitled act, as last amended by chapter 240, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 5. The compensation of each bailiff for his services shall be not more than [two hundred and fifty ($250) dollars] $350 per month, and shall be paid by the county wherein he is appointed, the same as the salaries of other county officers are paid.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 234Committee on Finance.
CHAPTER 286
AN ACT appropriating the sum of $57,300 for renovations, repairs, improvements, remodeling, reconstruction, replacements, installation of equipment by the state department of buildings and grounds for the period from the effective date of this act to June 30, 1955, and other matters properly relating thereto.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the period from the effective date of this act to June 30, 1955, there is hereby appropriated from any moneys in the state treasury not otherwise appropriated the sum of $57,300 for the state department of buildings and grounds for renovations, repairs, improvements, remodeling, reconstruction, replacements, and installations of equipment in and to the buildings and grounds under the jurisdiction of the department.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 444κ
Senate Bill No. 235Committee on Finance.
CHAPTER 287
AN ACT authorizing expenditures by various departments, boards, commissions and agencies of the state government for the two fiscal years beginning on July 1, 1953, and ending on June 30, 1955, and other matters relating thereto.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Expenditure of the following sums not appropriated from the general fund is hereby authorized during the two fiscal years beginning on July 1, 1953, and ending on June 30, 1955, by the various departments, boards, commissions, and agencies of the state government hereinafter mentioned:
Sec. 2. Department of Agriculture-Sheep Inspection. The sum of $24,060 is authorized to be expended by the department of agriculture for sheep inspection.
Sec. 3. Department of Agriculture-Predatory Animal Control. The sum of $178,265 is authorized to be expended by the department of agriculture for predatory animal control.
Sec. 4. Department of Agriculture-Fertilizer Control. The sum of $1,832.40 is authorized to be expended by the department of agriculture for fertilizer control.
Sec. 5. Department of Agriculture-Stock Inspection. The sum of $108,571 is authorized to be expended by the department of agriculture for stock inspection.
Sec. 6. Department of Agriculture-Apiary Inspection. The sum of $3,308 is authorized to be expended by the department of agriculture for apiary inspection.
Sec. 7. Superintendent of Banks-Regulation of Building and Loan Associations and Companies. The sum of $425 is authorized to be expended by the superintendent of banks for the regulation of building and loan associations and companies.
Sec. 8. Superintendent of Banks-Regulation of Small Loan Business. The sum of $875.40 is authorized to be expended by the superintendent of banks for the regulation of small loan business.
Sec. 9. Board of Fish and Game Commissioners. The sum of $1,485,050 is authorized to be expended by the state board of fish and game commissioners.
Sec. 10. Public Employees Retirement System-Administration. The sum of $116,462 is authorized to be expended for the administration of the public employees retirement system.
Sec. 11. State Printing Office. The sum of $218,524 is authorized to be expended by the state printing office.
Sec. 12. Department of Education-Division of Indian Education. The sum of $306,500 is authorized to be expended by the division of Indian education of the department of education.
Sec. 13. Department of Purchasing-Administration. The sum of $59,098 is authorized to be expended for the administration of the department of purchasing.
κ1953 Statutes of Nevada, Page 445 (CHAPTER 287, SB 235)κ
$59,098 is authorized to be expended for the administration of the department of purchasing.
Sec. 14. State Forester Fire Warden-Forest Fire Protection Fund. The sum of $65,650 is authorized to be expended by the state forester fire warden from the forest fire protection fund.
Sec. 15. Board of Accountancy. The sum of $1,000 is authorized to be expended by the board of accountancy.
Sec. 16. Board of Architecture. The sum of $2,086.83 is authorized to be expended by the board of architecture.
Sec. 17. Athletic Commission. The sum of $765.42 is authorized to be expended by the athletic commission.
Sec. 18. Barbers Health and Sanitation Board. The sum of $5,499.13 is authorized to be expended by the barbers health and sanitation board.
Sec. 19. Board of Examiners in the Basic Sciences. The sum of $1,500 is authorized to be expended by the board of examiners in the basic sciences.
Sec. 20. Board of Chiropody. The sum of $124.73 is authorized to be expended by the board of chiropody.
Sec. 21. Board of Chiropractic Examiners. The sum of $12,640.39 is authorized to be expended by the board of chiropractic examiners.
Sec. 22. State Contractors Board. The sum of $52,805.42 is authorized to be expended by the state contractors board.
Sec. 23. Board of Cosmetology. The sum of $12,067.16 is authorized to be expended by the board of cosmetology.
Sec. 24. Board of Dental Examiners. The sum of $2,208.80 is authorized to be expended by the board of dental examiners.
Sec. 25. Board of Embalmers. The sum of $855 is authorized to be expended by the board of embalmers.
Sec. 26. Board of Registered Professional Engineers. The sum of $17,000 is authorized to be expended by the board of registered professional engineers.
Sec. 27. Hoisting Engineers Examining Boards. The sum of $1,097.53 is authorized to be expended by the hoisting engineers examining boards.
Sec. 28. Board of Medical Examiners. The sum of $20,500 is authorized to be expended by the board of medical examiners.
Sec. 29. Board of Nurse Examiners. The sum of $6,148.72 is authorized to be expended by the board of nurse examiners.
Sec. 30. Board of Dispensing Opticians. The sum of $150 is authorized to be expended by the board of dispensing opticians.
Sec. 31. Board of Examiners in Optometry. The sum of $280.55 is authorized to be expended by the board of examiners in optometry.
Sec. 32. Board of Osteopathy. The sum of $450 is authorized to be expended by the board of osteopathy.
Sec. 33. Board of Pharmacy. The sum of $16,267.28 is authorized to be expended by the board of pharmacy.
Sec. 34. Racing Commission. The sum of $1,637.50 is authorized to be expended by the racing commission.
κ1953 Statutes of Nevada, Page 446 (CHAPTER 287, SB 235)κ
Sec. 35. Nevada Real Estate Commission. The sum of $8,037.99 is authorized to be expended by the Nevada real estate commissioner.
Sec. 36. Board of Veterinary Medical Examiners. The sum of $48 is authorized to be expended by the board of veterinary medical examiners.
Sec. 37. Employment Security Department-Administration. The sum of $1,175,196 is authorized to be expended for the administration of the employment security department, and in addition the employment security department is authorized to expend such sums of money as are necessary within the purview of the unemployment compensation law for the payment of benefits, and is authorized to act as disbursing agent for the federal government in the veterans readjustment assistance program as specifically provided by agreement with the federal government and in any other necessary programs arranged by agreements authorized in the employment security administration law provision pertaining to agreements with other agencies. In addition to the sums above mentioned, all moneys paid into the unemployment compensation administration fund from federal grants in aid and all other sources and paid into or deposited in the employment security fund are hereby appropriated to and made available to the executive director of the employment security department to be expended and disbursed in accordance with the provisions of sections 39 and 40 of this act.
Sec. 38. Department of Highways. The sum of $25,548,629.77 is authorized to be expended by the department of highways, and augmentation of the state highway fund shall be provided on request to the board of directors of the state highway department. The provisions of sections 39 and 40 of this act shall not apply to the department of highways.
Sec. 39. The funds authorized to be expended by this act shall be expended in accordance with the allotment, transfer, work program, and budget provisions of the state budget act.
Sec. 40. The director of the budget may authorize the augmentation of the amount authorized herein for expenditure by a given department, board, commission, or agency in the amount of any funds which he estimates will be received by the department, board, commission or agency from any other state agency, from any agency of local government or of the federal government, from any appropriation made by the legislature, or from any other source which he determines has not been taken into consideration by this act, or is in excess of the amount so taken into consideration. The director of the budget may also reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized herein.
________
κ1953 Statutes of Nevada, Page 447κ
Senate Bill No. 239Committee on Finance.
CHAPTER 288
AN ACT making a supplemental appropriation for the support of the 1953 session of the Nevada legislature.
[Approved March 27, 1953]
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 of the 1953 session of the Nevada legislature, the sum of $42,720 is hereby appropriated from the general fund to the legislative fund, heretofore created.
Sec. 2. The state controller is hereby authorized and directed to draw his warrants on said fund for salaries, per diem, mileage, and incidental expenses of the respective houses, when properly certified to in accordance with law, and the state treasurer is hereby authorized and directed to pay the same.
Sec. 3. Any unexpended portion of said fund shall revert to the general fund on December 31, 1954.
Sec. 4. This act shall become effective on passage and approval.
________
Senate Bill No. 240Committee on Finance.
CHAPTER 289
AN ACT to fix the state tax levy for the years 1953 and 1954 and to distribute the said levy to the proper funds.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the year commencing January 1, 1953, an ad valorem tax of 69 cents on each $100 of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: Contingent university fund, 1 cent; consolidated bond interest and redemption fund, 1 cent; general fund, 67 cents.
Sec. 2. For the year commencing January 1, 1954, an ad valorem tax of 69 cents on each $100 of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: Contingent university fund, 1 cent; consolidated bond interest and redemption fund, 1 cent; general fund, 67 cents.
Sec. 3. This act shall become effective on passage and approval.
________
κ1953 Statutes of Nevada, Page 448κ
Senate Bill No. 233Committee on Finance.
CHAPTER 290
AN ACT to provide for the construction of a kitchen, bakery, commissary and dining room unit at the Nevada state hospital; defining the duties of the superintendent of the Nevada state hospital and the state planning board in respect thereto; providing for the issuance of bonds therefor, and the manner of their sale and redemption, and the duties of certain officers in connection therewith, and other matters relating thereto.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Provision is hereby made for the construction, equipping and furnishing of a new building unit consisting of a kitchen, bakery, commissary and dining room at the Nevada state hospital, and to provide for the material and the work incident thereto, and for the payment for the same, at an estimated cost not to exceed $225,000. The superintendent of the Nevada state hospital is hereby authorized and directed to cooperate with the state planning board in carrying out the provisions of this act.
Sec. 2. The cost and expense of said construction, equipment and furnishings, including supervision and inspection thereof, and of all the work and materials provided for in section 1 of this act shall not exceed the sum of $225,000. The state planning board shall approve payment for architects and inspectors found necessary in the performance of the construction herein provided for, out of said fund upon claims approved by said planning board and paid as are other claims against the state. When plans and specifications are approved by the state planning board and the superintendent of the state hospital, the state planning board shall immediately advertise for a period of three weeks in a newspaper of general circulation in the State of Nevada for sealed bids for the construction, equipment, furnishings, heat, light and materials provided for herein, and for the work and labor incident thereto which it is necessary to employ, in accordance with said plans and specifications so approved, and the modifications thereof found necessary in the course of construction. Said plans and specifications so approved shall be on file at a place and time stated in said advertisement for the inspection of contractors desiring to bid thereon, and for others interested in the matter. The planning board may advertise for sealed bids on either the whole or on a part or parts, of such construction, equipment, furnishings, and other work, and may let one contract for the whole thereof, or separate contracts for different parts of said construction, equipment, furnishings, and other work, to qualified bidders therefor, within the limitation hereinbefore provided. Said planning board shall let the contract or contracts herein authorized to be done to the lowest and best bidder or bidders therefor; provided, that any and all bids may, for good reason, be rejected.
Sec. 3. To provide a kitchen, commissary, bakery and dining room building fund in the state treasury, which fund is hereby created, the governor, the secretary of state and the attorney general of the State of Nevada are hereby constituted a commission acting for the State of Nevada, and are hereby authorized and directed to prepare, issue, and sell negotiable serial coupon bonds of the State of Nevada, in a principal amount not to exceed $225,000.
κ1953 Statutes of Nevada, Page 449 (CHAPTER 290, SB 233)κ
of Nevada are hereby constituted a commission acting for the State of Nevada, and are hereby authorized and directed to prepare, issue, and sell negotiable serial coupon bonds of the State of Nevada, in a principal amount not to exceed $225,000. Said bonds shall be signed by the governor, and endorsed by the secretary of state and the attorney general, countersigned by the state controller and authenticated by the great seal of the State of Nevada. Coupons for interest shall be attached to each bond, so that they may be removed without injury to the bond, and each of said coupons shall be consecutively numbered and signed by the engraved facsimile signature of the governor, secretary of state and attorney general.
Said bonds shall each be for the sum of $5,000. They shall be numbered consecutively, and shall bear interest at a rate not to exceed 3 percent per annum, said rate of interest to be fixed by the said commission, payable annually on the first day of January of each year; both principal and interest shall be payable in lawful money of the United States of America; both principal and interest shall be payable at the office of the state treasurer in Carson City, Nevada. The first payment of interest shall be on the first day of January 1954, and at each interest period at least one of said bonds shall be redeemed, provided that all of said bonds shall be redeemed and within 20 years from the date of issuance.
Sec. 4. Upon the issuance and execution of said bonds, the same may be sold and delivered to the state permanent school fund, public employees retirement fund, university ninety-thousand-acre grant fund, the university seventy-two-section grant fund, the state insurance fund of the Nevada industrial commission, and such other state funds as may have money available for legal investment in such bonds, as moneys may be available in the state treasury in said funds, or either or any of them, without advertising said bonds for sale or calling for bids thereon. If such money be not available in any or all of said funds, the bonds herein provided for may be sold as needed for the purposes herein stated at public or private sale as the board of examiners of the State of Nevada may deem for the best interests of the state.
Said bonds shall be sold at not less than par, and the proceeds thereof shall be placed in a fund to be known as the state hospital kitchen, bakery, commissary and dining room building fund.
Sec. 5. There shall be levied annually an ad valorem tax at a rate sufficient to pay the principal and interest on said bonds as and when they fall due, on all of the taxable property in the State of Nevada including the net proceeds of mines. All moneys derived from said tax shall be paid into the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of chapter 197, Statutes of Nevada, 1939, and disbursed as provided therein for the purposes of this act.
Sec. 6. All bills for the employment of architects, supervisors, inspectors and for the erection, heating, lighting, water and sewer connections of said buildings, and equipment and furnishing thereof, shall be paid out of the state hospital kitchen, bakery, commissary and dining room building fund upon bills approved by the state planning board and audited and approved by the board of examiners of the State of Nevada, as other claims are paid.
κ1953 Statutes of Nevada, Page 450 (CHAPTER 290, SB 233)κ
board and audited and approved by the board of examiners of the State of Nevada, as other claims are paid.
Sec. 7. The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the taxation thereby imposed be omitted until all the bonds and coupons issued under and by virtue hereof shall have been paid in full as in this act provided.
Sec. 8. This act shall become effective on passage and approval.
________
Senate Bill No. 199Committee on Finance.
CHAPTER 291
AN ACT appropriating the sum of $300 for aid to rural schools for the biennium ending June 30, 1953.
[Approved March 27, 1953]
Whereas, By the provisions of section 201 of an act entitled, An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, being chapter 63, Statutes of Nevada 1947, which section was last amended by chapter 184, Statutes of Nevada 1951, there is established a fund in the accounts of the state treasurer and the state controller to be known as the fund for aid to rural schools which is made up of all the moneys received from any appropriation made by the legislature for the purpose of aiding rural schools, from donations, legacies, gifts and bequests and from any moneys received from any federal agency specifically for assistance to rural schools; and
Whereas, During the forty-fifth session of the legislature no appropriations were made by the legislature for aid to rural schools; and
Whereas, There is presently on hand in said aid to rural schools fund the sum of $4,157.51, which sum will not be sufficient for the biennium ending June 30, 1953; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1953, there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of $300 for aid to rural schools, as is more fully defined by chapter 27 of the school code of 1947, being a part of chapter 63, Statutes of Nevada 1947, which is an act entitled, An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto.
Sec. 2. This act shall be effective on passage and approval.
________
κ1953 Statutes of Nevada, Page 451κ
Senate Bill No. 207Senator Munk.
CHAPTER 292
AN ACT concerning certain county officers of the county of Pershing, State of Nevada, providing for their compensation, and other matters properly relating thereto.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The officers of Pershing county, Nevada, and their deputies, clerks or secretaries, shall receive the following salaries and compensation which shall be full compensation for all services rendered:
The county commissioners shall each receive a salary of $1,500 per annum, and mileage; the county clerk, as such and as ex officio county treasurer, shall receive a salary of $4,500 per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy with compensation not to exceed $3,000 per annum; the sheriff of said county shall receive $4,500 per annum, and he shall be allowed to appoint, by and with the approval of the county commissioners, one deputy who shall receive a salary of not to exceed $3,780 per annum, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of each such additional deputy shall not exceed $5 per day, such compensation to be paid by and with the approval only of the board of county commissioners; the assessor shall receive a salary of $4,500 per annum, and by and with the approval of the board of county commissioners he may appoint a deputy whose salary shall be not to exceed $3,000 per annum; the county recorder, as such, and ex officio auditor, shall receive a salary of $4,500 per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy with compensation not to exceed $3,000 per annum; the district attorney shall receive $3,780 per annum, which shall be his compensation in full, except that he may be allowed such additional sums for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may employ, by and with the approval of the board of county commissioners, such clerks and stenographers as may be necessary, and compensation for such clerks and stenographers to be fixed and approved by the county commissioners, and not to exceed $2,220 per annum, to be paid in a like manner as other county officers are paid.
The board of county commissioners of Pershing county is hereby authorized and directed to allow such compensation as may be necessary for the payment of such deputies and additional clerks and assistants as they may from time to time authorize in the offices of the county clerk and treasurer, county recorder and auditor, sheriff, assessor, and district attorney, respectively, and such compensation shall be allowed and paid as other claims against the county.
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
κ1953 Statutes of Nevada, Page 452 (CHAPTER 292, SB 207)κ
Sec. 3. This act shall become effective from and after April 1, 1953, and extend to April 1, 1955; and, upon the expiration of this act the salary schedules set forth in the 1951 act hereinbefore specifically identified shall become and be in effect thereafter.
________
Senate Bill No. 213Committee on Finance.
CHAPTER 293
AN ACT relating to the establishment of a civil defense agency and other organizations for civil defense within this state; granting certain executive powers with respect thereto and for related purposes.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Short Title. This act may be cited as the Nevada civil defense act of 1953.
Sec. 2. Policy and Purpose.
1. Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, or from fire, flood, earthquake, or other natural causes, and in order to insure that preparations of this state will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary:
(a) To create a state civil defense agency, and to authorize the creation of local organizations for civil defense in the political subdivisions of the state;
(b) To confer upon the governor and upon the executive heads or governing bodies of the political subdivisions of the state the emergency powers provided herein; and
(c) To provide for the rendering of mutual aid among the political subdivisions of the state and with other states and to cooperate with the federal government with respect to the carrying out of civil defense functions.
2. It is further declared to be the purpose of this act and the policy of the state that all civil defense functions of this state be coordinated to the maximum extent with the comparable functions of the federal government including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nations manpower, resources, and facilities for dealing with any disaster that may occur.
Sec. 3. Definitions. As used in this act:
1. Civil defense shall mean the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage or other hostile action, or by fire, flood, earthquake, or other natural causes.
κ1953 Statutes of Nevada, Page 453 (CHAPTER 293, SB 213)κ
or other hostile action, or by fire, flood, earthquake, or other natural causes. These functions include, without limitation, fire-fighting services, police services, medical and health services, rescue, engineering, air raid warning services, communications, radiological, chemical and other special weapons of defense, evacuation of persons from stricken areas, emergency welfare services (civilian war aid), emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.
2. Local organization for civil defense shall mean an organization created in accordance with the provisions of this act by state or local authority to perform local civil defense functions.
3. Mobile support unit shall mean an organization for civil defense created in accordance with the provisions of this act by state or local authority to be dispatched by the governor to supplement local organizations for civil defense in a stricken area.
4. Political subdivision shall mean city or county.
Sec. 4. State Civil Defense Agency.
1. There is hereby created within the executive branch of the state government a department of civil defense, hereinafter called the civil defense agency, and a director of civil defense, hereinafter called the director, who shall be the head thereof. The director shall be appointed by, and hold office at the pleasure of the governor and shall be compensated at the rate of $6,600 per annum.
2. The director may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other funds made available to him for purposes of civil defense, as may be necessary to carry out the purposes of this act.
3. The director, subject to the direction and control of the governor, shall be the executive head of the civil defense agency and shall be responsible to the governor for carrying out the program for civil defense of this state. He shall coordinate the activities of all organizations for civil defense within the state, and shall maintain liaison with and cooperate with civil defense agencies and organizations of other states and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by this act as may be prescribed by the governor.
Sec. 5. Civil Defense Advisory Council. There is hereby created a civil defense advisory council, hereinafter called the council, the members of which shall be appointed by, and hold office at the pleasure of the governor. Said council shall consist of not less than 15 nor more than 25 members. The council shall advise the governor and the director on all matters pertaining to civil defense. The governor shall serve as chairman of the council, and the members thereof shall serve without compensation, but may be reimbursed for their reasonable and necessary expenses incurred in the performance of their duties.
Sec. 6. Civil Defense Powers of the Governor.
κ1953 Statutes of Nevada, Page 454 (CHAPTER 293, SB 213)κ
1. The governor shall have general direction and control of the civil defense agency, and shall be responsible for the carrying out of the provisions of this act, and in the event of disaster beyond local control, may assume direct operational control over all or any part of the civil defense functions within this state.
2. In performing his duties under this act, the governor is authorized to cooperate with the federal government, with other states, and with private agencies in all matters pertaining to the civil defense of this state and of the nation.
3. In performing his duties under this act and to effect its policy and purpose, the governor is further authorized and empowered:
(a) To make, amend, and rescind the necessary orders, rules, and regulations to carry out the provisions of this act within the limits of the authority conferred upon him herein, with due consideration of the plans of the federal government.
(b) To prepare a comprehensive plan and program for the civil defense of this state, such plan and program to be integrated into and coordinated with the civil defense plans of the federal government and of other states to the fullest possible extent, and to coordinate the preparation of plans and programs for civil defense by the political subdivisions of this state, such plans to be integrated into and coordinated with the civil defense plan and program of this state to the fullest possible extent.
(c) In accordance with such plan and program for the civil defense of this state, to procure supplies and equipment, to institute training programs and public information programs, and to take all other preparatory steps including the partial or full mobilization of civil defense organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of civil defense personnel in time of need.
(d) To make such studies and surveys of the industries, resources, and facilities in this state as may be necessary to ascertain the capabilities of the state for civil defense, and to plan for the most efficient emergency use thereof.
(e) On behalf of this state, to enter into mutual aid arrangements with other states and to coordinate mutual aid plans between political subdivisions of this state.
(f) To delegate any administrative authority vested in him under this act, and to provide for the sub-delegation of any such authority.
(g) To cooperate with the president and the heads of the armed forces, the civil defense agency of the United States, and other appropriate federal officers and agencies, and with the officers and agencies of other states in matters pertaining to the civil defense of the state and nation, including the direction or control of
(1) Black-outs and practice black-outs, air raid drills, mobilization of civil defense forces, and other tests and exercises;
(2) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith;
(3) The effective screening or extinguishing of all lights and lighting devices and appliances;
(4) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;
κ1953 Statutes of Nevada, Page 455 (CHAPTER 293, SB 213)κ
and the suspension of all other utility services;
(5) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, prior, and subsequent to drills or attack;
(6) Public meetings or gatherings; and
(7) The evacuation and reception of the civilian population.
Sec. 7. Emergency Powers. The provisions of this section shall be operative only during the existence of a state of civil defense emergency (referred to hereinafter in this section as emergency). The existence of such emergency may be proclaimed by the governor or by resolution of the legislature if the governor in such proclamation, or the legislature in such resolution, finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural disaster of major proportions has actually occurred within this state, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section. Any such emergency, whether proclaimed by the governor or by the legislature, shall terminate upon the proclamation of the termination thereof by the governor, or the passage by the legislature of a resolution terminating such emergency. During such period as such state of emergency exists or continues, the governor shall have and may exercise the following additional emergency powers:
1. To enforce all laws, rules, and regulations, relating to civil defense and to assume direct operational control of any or all civil defense forces and helpers in the state.
2. To sell, lend, lease, give, transfer, or deliver materials or perform services for civil defense purposes on such terms and conditions as the governor shall prescribe and without regard to the limitations of any existing law, and to account to the state treasurer for any funds received for such property.
3. To procure, by purchase, condemnation, seizure, or other means, construct, lease, transport, store, maintain, renovate or distribute materials and facilities for civil defense without regard to the limitations of any existing law provided he shall make compensation for the property so seized, taken, or condemned on the following basis:
(a) In case property is taken for temporary use, the governor, within 90 days of the taking, shall fix the amount of compensation to be paid therefor; and in case such property shall be returned to the owner in a damaged condition, or shall not be returned to the owner, the governor shall fix within 90 days the amount of compensation to be paid for such damage or failure to return. Whenever the governor shall deem it advisable for the state to take title to property taken under this section, he shall forthwith cause the owner of such property to be notified thereof in writing by registered mail, postage prepaid, or by the best means available, and forthwith cause to be filed a copy of said notice with the secretary of state.
(b) Within the 90-day period herein fixed the governor shall make an offer in writing to the person or persons entitled to receive the same of the amount of money proposed to be paid as and for full compensation. In the event the offer is accepted then and in that event the money shall be paid out of such fund, funds, or such sources as are available and no further action either in law or in equity shall ever be maintained in connection therewith.
κ1953 Statutes of Nevada, Page 456 (CHAPTER 293, SB 213)κ
are available and no further action either in law or in equity shall ever be maintained in connection therewith. In the event that such offer of payment is refused then and in that event the person or persons entitled thereto shall have the same rights as plaintiffs in actions of eminent domain insofar as the fixing of damages and compensation is concerned, and sections 9158, 9159, 9160 and 9161, N.C.L. 1929, so far as applicable, shall apply, and proceedings shall be had in conformity therewith so far as possible. Such action must, however, be commenced within one year from the receipt of offer of settlement from the governor.
4. To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within the state and to take such steps as are necessary for the receipt and care of such evacuees;
5. Subject to the provisions of the state constitution, to remove from office any public officer having administrative responsibilities under this act for willful failure to obey an order, rule or regulation adopted pursuant to this act. Such removal shall be upon charges after service upon such person of a copy of such charges and after giving him an opportunity to be heard in his defense. Pending the preparation and disposition of charges, the governor may suspend such person for a period not exceeding 30 days. A vacancy resulting from removal or suspension pursuant to this section shall be filled as provided by law.
6. To perform and exercise such other functions, powers, and duties as are necessary to promote and secure the safety and protection of the civilian population.
Sec. 8. Mobile Support Units.
1. The governor or his duly designated representative is authorized to create and establish such number of mobile support units as may be necessary to reinforce civil defense organizations in stricken areas and with due consideration of the plans of the federal government and of other states. He may appoint a commander for each such unit who shall have primary responsibility for the organization, administration and operation of such unit. Mobile support units may be called to duty upon orders of the governor and shall perform their functions in any part of the state, or, upon the conditions specified in this section, in other states.
2. Personnel of mobile support units while on duty, whether within or without the state, shall;
(a) If they are employees of the state, have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment;
(b) If they are employees of a political subdivision of the state, and whether serving within or without such political subdivision, have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment; and
(c) If they are not employees of the state or a political subdivision thereof, be entitled to compensation by the state at $10 per day and to the same rights and immunities as are provided by law for the employees of this state.
κ1953 Statutes of Nevada, Page 457 (CHAPTER 293, SB 213)κ
employees of this state. All personnel of mobile support units shall, while on duty, be subject to the operational control of the authority in charge of civil defense activities in the area in which they are serving, and shall be reimbursed for all actual and necessary travel and subsistence expenses.
3. The state may reimburse a political subdivision for the compensation paid and actual and necessary travel, subsistence and maintenance expenses of employees of such political subdivision while serving as members of a mobile support unit, and for all payments for death, disability or injury of such employees incurred in the course of such duty, and for all losses of or damage to supplies and equipment of such political subdivision resulting from the operation of such mobile support unit.
Sec. 9. Local Organization for Civil Defense.
1. Each political subdivision of this state is hereby authorized to and may establish a local organization for civil defense in accordance with the state civil defense plan and program. Such political subdivision may confer or authorize the conferring upon members of the auxiliary police the powers of police officers, subject to such restrictions as shall be imposed. Each local organization for civil defense shall have a director who shall be appointed by the executive officer or governing body of the political subdivision, and who shall have direct responsibility for the organization, administration and operation of such local organization for civil defense, subject to the direction and control of such executive officer or governing body. Each local organization for civil defense shall perform civil defense functions within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of section 10 of this act.
2. In carrying out the provisions of this act each political subdivision, in which any disaster as described in section 2 hereof occurs, shall have the power to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Each political subdivision is authorized to exercise the powers vested under this section in the light of the exigencies of the extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law, excepting mandatory constitutional requirements, pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditure of public funds.
Sec. 10. Mutual Aid Arrangements. The director of each local organization for civil defense may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual aid arrangements for reciprocal civil defense aid and assistance in case of disaster too great to be dealt with unassisted. Such arrangements shall be consistent with the state civil defense plan and program, and in time of emergency it shall be the duty of each local organization for civil defense to render assistance in accordance with the provisions of such mutual aid arrangements.
κ1953 Statutes of Nevada, Page 458 (CHAPTER 293, SB 213)κ
and in time of emergency it shall be the duty of each local organization for civil defense to render assistance in accordance with the provisions of such mutual aid arrangements.
Sec. 11. Immunity and Exemption.
1. All functions hereunder and all other activities relating to civil defense are hereby declared to be governmental functions. Neither the state nor any political subdivision thereof nor other agencies of the state or political subdivision thereof, nor except in cases of willful misconduct, gross negligence, or bad faith, any civil defense worker complying with or reasonably attempting to comply with this act, or any order, rule or regulation promulgated pursuant to the provisions of this act, or pursuant to any ordinance relating to black-out or other precautionary measures enacted by any political subdivision of the state, shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this act, or under the Nevada industrial insurance act, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of congress.
2. Any requirement for a license to practice any professional, mechanical or other skill shall not apply to any authorized civil defense worker who shall, in the course of performing his duties as such, practice such professional, mechanical or other skill during a civil defense emergency.
3. As used in this section the term civil defense worker shall include any full- or part-time paid, volunteer or auxiliary employee of this state, or of any political subdivision thereof, or other states, territories, possessions or the District of Columbia, of the federal government, or any neighboring country, or of any political subdivision thereof, or of any agency or organization, performing civil defense services at any place in this state subject to the order or control of, or pursuant to a request of, the state government or any political subdivision thereof.
Sec. 12. No Private Liability. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock or practice attack shall, together with his successors in interest, if any, not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises for loss of, or damage to, the property of such person.
Sec. 13. Appropriations and Authority to Accept Services, Gifts, Grants and Loans.
1. Each political subdivision shall have the power to make appropriations in the manner provided by law for making appropriations for the ordinary expenses of such political subdivision for the payment of expenses of its local organization for civil defense.
2. Whenever the federal government or any agency or officer thereof shall offer to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant or loan, for purposes of civil defense, the state, acting through the governor, or such political subdivision, acting with the consent of the governor and through its executive officer or governing body, may accept such offer and upon such acceptance the governor of the state or executive officer or governing body of such subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.
κ1953 Statutes of Nevada, Page 459 (CHAPTER 293, SB 213)κ
subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant or loan, for purposes of civil defense, the state, acting through the governor, or such political subdivision, acting with the consent of the governor and through its executive officer or governing body, may accept such offer and upon such acceptance the governor of the state or executive officer or governing body of such subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.
3. Whenever any person, firm or corporation shall offer to the state or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant or loan, for purposes of civil defense, the state, acting through the governor, or such political subdivision, acting through its executive officer or governing body, may accept such offer and upon such acceptance the governor of the state or executive officer or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, and subject to the terms of the offer.
Sec. 14. Utilization of Existing Services and Facilities. In carrying out the provisions of this act, the governor and the executive officers or governing bodies of the political subdivisions of the state are directed to utilize the services, equipment, supplies and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies are directed to cooperate with and extend such services and facilities to the governor and to the civil defense organizations of the state upon request.
Sec. 15. Civil Defense Personnel.
1. No person shall be employed or associated in any capacity in any civil defense organization established under this act who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or in this state or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in an organization for civil defense shall, before entering upon his duties, take an oath, in writing, before a person authorized to administer oaths in this state, which oath shall be substantially as follows:
I...................................................., do solemnly swear (or affirm) that I will support and defend the constitution of the United States and the constitution of the State of Nevada, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
κ1953 Statutes of Nevada, Page 460 (CHAPTER 293, SB 213)κ
And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force of violence; and that during such time as I am a member of the (name of civil defense organization), I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence.
Sec. 16. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 17. Enforcement. It shall be the duty of every organization for civil defense established pursuant to this act and of the officers thereof to execute and enforce such orders, rules and regulations as may be made by the governor under authority of this act. Each such organization shall have available for inspection at its office all orders, rules and regulations made by the governor, or under his authority.
Sec. 18. Sections 6917.01 to and including 6917.11, N.C.L. 1949 Supp., being chapter 137 of the 1943 Statutes of Nevada, as well as all other acts and parts of acts in conflict herewith, including chapter 300 of the 1951 Statutes, are hereby repealed.
________
Senate Bill No. 236Committee on Finance.
CHAPTER 294
AN ACT making appropriations from the general fund, the state highway fund and the county gas tax fund for the support of the civil government of the State of Nevada for the two fiscal years beginning July 1, 1953, and ending June 30, 1955; and other matters properly relating thereto.
[Approved March 27, 1953]
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 two fiscal years beginning July 1, 1953, and ending June 30, 1955:
Sec. 2. The Office and Mansion of the Governor.
For the support of the office and mansion of the governor.................. $80,238.36
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor.............................. 2,944.00
Sec. 4. The Office of Secretary of State.
For the support of the office of secretary of state.................................. 89,484.14
κ1953 Statutes of Nevada, Page 461 (CHAPTER 294, SB 236)κ
Sec. 5. The Office of Attorney General.
For the support of the office of attorney general.................................... $67,309.62
Sec. 6. The Office of State Controller.
For the support of the office of state controller...................................... 91,012.40
Sec. 7. The Office of State Treasurer.
For the support of the office of state treasurer........................................ 55,978.52
Sec. 8. The Office of Inspector of Mines.
For the support of the office of inspector of mines................................ 58,730.00
Sec. 9. The Surveyor General and State Land Register.
For the support of the office of surveyor general and ex officio land register 33,132.95
Sec. 10. State Board of Fire Control.
For the support of the state board of fire control.................................... 6,675.90
Sec. 11. The Adjutant General and the Nevada National Guard.
For the support of the office of the adjutant general and the Nevada national guard..................................................................................................................... 70,331.80
Sec. 12. Department of Buildings and Grounds.
For the support of the department of buildings and grounds............... 189,209.65
Sec. 13. State Budget Director.
For the support of the office of the state budget director..................... 31,336.00
Sec. 14. The Labor Commissioner.
For the support of the office of the labor commissioner........................ 40,179.10
Sec. 15. Apprenticeship Council and State Director of
Apprenticeship.
For the support of the apprenticeship council and the office of the state director of apprenticeship................................................................................. 2,067.00
Sec. 16. Public Service Commission.
For the support of the public service commission.................................. 49,883.00
The following sum is hereby appropriated from the state highway fund for the support of the public service commission as authorized by law.......... 77,000.00
Sec. 17. The Motor Vehicle Division of the Public Service Commission.
The following sum is hereby appropriated from the state highway fund for the support of the motor vehicle division of the public service commission 164,715.18
Sec. 18. The Drivers License Division of the Public Service Commission.
The following sum is hereby appropriated from the state highway fund for the support of the drivers license division of the public service commission 158,261.16
Sec. 19. The Nevada Highway Patrol Division of the Public Service Commission.
The following sum is hereby appropriated from the state highway fund for the support of the Nevada highway patrol division of the public service commission.......................................................................................................... 610,509.31
κ1953 Statutes of Nevada, Page 462 (CHAPTER 294, SB 236)κ
Sec. 20. The Safety and Financial Responsibility Division of the Public Service Commission.
The following sum is hereby appropriated from the state highway fund for the support of the safety and financial responsibility division of the public service commission............................................................................................ $37,062.40
Sec. 21. The State Engineer.
For the support of the office of state engineer........................................ 110,328.27
Sec. 22. Cooperative Snow Surveys.
For the support of cooperative snow surveys under the direction of the state engineer................................................................................................................ 3,024.00
Sec. 23. U. S. Cooperative Stream Measurement.
For the support of the United States cooperative stream measurement in cooperation with the state engineer................................................................ 13,000.00
Sec. 24. Hydrologist, Underground Water.
For state ground water hydrology under direction of the state engineer 15,966.84
Sec. 25. U. S. Geological Survey and Cooperative Underground Water Investigation.
For cooperation with the United States geological survey under direction of the state engineer............................................................................................... 22,217.40
Sec. 26. The State Library.
For the support of the state library............................................................ 69,808.25
Sec. 27. State Planning Board.
For the support of the state planning board............................................ 20,816.00
Sec. 28. Superintendent of Banks.
For the support of the office of superintendent of banks...................... 52,292.40
Sec. 29. State Board of Finance.
For the support of the state board of finance.......................................... 1,080.00
Sec. 30. Nevada Tax Commission.
For the support of the Nevada tax commission....................................... 30,797.45
Sec. 31. Use Fuel Tax Administration, Nevada Tax Commission.
The following sum is hereby appropriated from the state highway fund for the support of the use fuel tax administration by the Nevada tax commission 43,280.48
Sec. 32. Gasoline Tax and County Gasoline Tax Administration,
Nevada Tax Commission.
The following sum is hereby appropriated from the state highway fund for administration of the gasoline tax and county gasoline tax by the Nevada tax commission.......................................................................................................... 44,972.47
The following sum is hereby appropriated from the county gas tax fund for administration of the gasoline tax and county gasoline tax by the Nevada tax commission.......................................................................................................... 16,862.36
Sec. 33. Liquor and Cigarette Division, Nevada Tax Commission.
For the support of the liquor and cigarette tax division, Nevada tax commission.......................................................................................................... 45,943.10
κ1953 Statutes of Nevada, Page 463 (CHAPTER 294, SB 236)κ
Sec. 34. State Veterans Service Commission.
For the support of the veterans service commission.............................. $40,282.74
Sec. 35. The Legislative Counsel Bureau.
For the support of the legislative counsel bureau.................................. 74,256.04
Sec. 36. State Board of Pardon and Parole Commissioners.
For the support of the board of pardon and parole commissioners..... 62,570.58
Sec. 37. Nevada State Museum.
For the support of the Nevada state museum.......................................... 35,425.60
Sec. 38. Department of Insurance.
For the support of the office of the department of insurance............... 62,657.77
Sec. 39. Nevada Historical Society.
For the support of the Nevada historical society.................................... 25,688.68
Sec. 40. The State Supreme Court.
For the support of the state supreme court.............................................. 123,723.50
Sec. 41. Statute Revision Commission.
For the support of the statute revision commission............................... 257,122.24
Sec. 42. State Council of Defense.
For the support of the state council of defense...................................... 24,764.50
Sec. 43. Nevada State Childrens Home.
For the support of the Nevada state childrens home............................ 317,300.12
Sec. 44. Nevada School of Industry.
For the support of the Nevada school of industry................................. 153,937.00
Sec. 45. Nevada State Hospital.
For the support of the Nevada state hospital.......................................... 773,781.11
Sec. 46. Nevada State Prison.
For the support of the Nevada state prison............................................. 658,767.00
Sec. 47. State Welfare Department.
For the support of the state welfare department..................................... 1,176,507.25
Sec. 48. Department of Education-Administrative.
For the support of the administrative duties of the department of education 217,146.31
Sec. 49. State Board of Vocational Education.
For the support of the state board of vocational education.................. 78,929.38
Sec. 50. Vocational Education-Rehabilitation Division.
For the support of vocational rehabilitation services............................. 19,220.00
Sec. 51. Miscellaneous Educational Expenditures.
The following sum is hereby appropriated for the support of aid to rural schools; aid to high schools; care of deaf, dumb and blind; pupil transportation; and public school teachers retirement fund.................................................. 1,603,584.00
Sec. 52. Department of Education-School Lunch Program.
For the support of the school lunch program.......................................... 21,396.05
κ1953 Statutes of Nevada, Page 464 (CHAPTER 294, SB 236)κ
Sec. 53. Distributive School Fund.
The following sum is 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 $4,633,336.31
Sec. 54. University of Nevada.
For the support of the University of Nevada........................................... 2,602,656.00
Sec. 55. State Board of Health-Division of Preventive Medical Services.
For the support of preventive medical services...................................... 83,244.00
Sec. 56. State Board of Health-Division of Vital Statistics.
For the support of the division of vital statistics.................................... 28,613.00
Sec. 57. State Board of Health-Division of Public Health Engineering.
For the support of the division of public health engineering................ 41,697.00
Sec. 58. State Board of Health-Division of Laboratories.
For the support of the state hygienic laboratory.................................... 57,192.00
Sec. 59. State Board of Health-Dental Hygiene.
For the support of the division of dental hygiene.................................. 29,694.00
Sec. 60. State Board of Health-Crippled Children.
For the support of the program for assistance to crippled children..... 88,000.00
Sec. 61. State Quarantine Officer-Noxious Weed and Insect Pest Control.
For the support of the office of the state quarantine officer for noxious weed and insect pest control...................................................................................... 110,142.00
Sec. 62. Soil Conservation Districts.
For the support of soil conservation districts......................................... 645.00
Sec. 63. Mining Advisory Board.
For the support of the mining advisory board......................................... 1,215.64
Sec. 64. Miscellaneous State Expenses.
For the support of miscellaneous expenses not otherwise classified.. 254,450.00
Personnel and pay survey, to be expended by the governor 14,000.00
Personnel department.......................................................... 25,000.00
Aid to the blind..................................................................... 102,758.00
Traveling expenses of the district judges to be apportioned by the state board of examiners..................................................... 14,500.00
Nevada wing 96, civil air patrol.......................................... 3,000.00
State officers bond premiums............................................. 6,500.00
Rewards of the governor..................................................... 1,000.00
κ1953 Statutes of Nevada, Page 465 (CHAPTER 294, SB 236)κ
Publication of claims and delinquent corporation lists.. $10,000.00
Promotion of uniform laws.................................................. 350.00
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
State board of examiners..................................................... 2,000.00
Columbia river compact....................................................... 3,000.00
Investigation of mineral and geological conditions and topographic and geologic mapping-Nevada state bureau of mines 50,000.00
State department of purchasing-addition to the revolving fund created by the provisions of chapter 333, Statutes of Nevada 1951 30,000.00
Sec. 65. The funds herein appropriated shall be expended in accordance with the allotment, transfer, work program and budget provisions of that certain act entitled, An act providing for a state budget, creating the position of director of the budget, making an appropriation, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 29, 1949, and being chapter 299, Statutes of Nevada 1949.
Sec. 66. On June 30, 1955, any unexpended balances of the appropriations herein made shall revert to the fund from which appropriated.
Sec. 67. All acts and parts of acts in conflict with this act are hereby repealed.
________
Senate Bill No. 237Committee on Finance.
CHAPTER 295
AN ACT providing for salaries of elective state officers; providing for salaries, compensation and employment of other officers and employees in the various state offices, departments, boards, commissions and agencies of the State of Nevada; repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Governor. The annual salary of the governor shall be $7,600. The executive assistant to the governor shall receive an annual salary of $6,600.
Sec. 2. Lieutenant Governor.
1. The annual salary of the lieutenant governor shall be $600.
2. In addition to the annual salary provided for in subsection 1, the lieutenant governor shall receive $15 per day for such times as he may be actually employed as governor or presiding officer of the senate, and he shall also be allowed his traveling expenses when acting as governor, president of the senate, or in discharge of other official duties as lieutenant governor.
κ1953 Statutes of Nevada, Page 466 (CHAPTER 295, SB 237)κ
acting as governor, president of the senate, or in discharge of other official duties as lieutenant governor.
Sec. 3. Secretary of State. The annual salary of the secretary of state shall be $4,200. From and after the expiration of the present term of the secretary of state, his successor and successors in office thereafter shall receive an annual salary of $6,600.
Sec. 4. State Controller. The annual salary of the state controller shall be $4,200. From and after the expiration of the present term of the state controller, his successor and successors in office thereafter shall receive an annual salary of $6,600.
Sec. 5. State Treasurer. The annual salary of the state treasurer shall be $4,200. From and after the expiration of the present term of the state treasurer, his successor and successors in office thereafter shall receive an annual salary of $6,600.
Sec. 6. Attorney General. The annual salary of the attorney general shall be $5,600. From and after the expiration of the present term of the attorney general, his successor and successors in office thereafter shall receive an annual salary of $7,000.
Sec. 7. Surveyor General. The annual salary of the surveyor general shall be $4,200. From and after the expiration of the present term of the surveyor general, his successor and successors in office thereafter shall receive an annual salary of $6,600.
Sec. 8. Clerk and Bailiff of Supreme Court.
1. The annual salary of the clerk of the supreme court shall be $4,200. From and after the expiration of the present term of the clerk of the supreme court, his successor and successors in office thereafter shall receive an annual salary of $6,600.
2. The bailiff of the supreme court shall receive an annual salary of $600.
Sec. 9. Education.
1. The annual salary of the superintendent of public instruction shall be $4,200. From and after the expiration of the present term of the superintendent of public instruction, his successor and successors in office thereafter shall receive an annual salary of $6,600.
2. The state director and supervisor of the department of vocational education shall receive an annual salary of $5,566.
3. The supervisor of the division of Indian education shall receive an annual salary of $5,445.
4. The state director and supervisor of the department of vocational rehabilitation shall receive an annual salary of $5,445.
5. The supervisor of the division of school lunch shall receive an annual salary of $4,356.
6. The supervisor of food distribution of the division of school lunch shall receive an annual salary of $3,630.
Sec. 10. Superintendent of State Printing. The annual salary of the superintendent of state printing shall be $4,200. From and after the expiration of the present term of the superintendent of state printing, his successor or successors in office thereafter shall receive an annual salary of $6,600.
κ1953 Statutes of Nevada, Page 467 (CHAPTER 295, SB 237)κ
Sec. 11. State Inspector of Mines. The annual salary of the state inspector of mines shall be $4,200. From and after the expiration of the present term of the state inspector of mines, his successor and successors in office thereafter shall receive an annual salary of $6,600.
Sec. 12. Department of Health.
1. The acting health officer of the division of preventive medical services shall receive an annual salary of $7,000.
2. The director of preventive medical services shall receive an annual salary of $9,465.
3. The director of the division of health engineering shall receive an annual salary of $8,040.
4. The director of the division of dental health shall receive an annual salary of $8,400.
5. The director of the division of vital statistics shall receive an annual salary of $6,240.
6. The part-time director of the crippled childrens service shall receive an annual salary of $3,140.
7. The director of the state hygienic laboratory shall receive an annual salary of $6,600.
Sec. 13. Department of Agriculture.
1. The executive director in the division of animal industry (stock inspection) shall receive an annual salary of $1,000.
2. The director of the division of animal industry (stock inspection) shall receive an annual salary of $6,600.
3. The director of state quarantine, noxious weed and insect pest control shall receive an annual salary of $6,600.
Sec. 13. State Highway Engineer and Assistant State Highway Engineer.
1. The state highway engineer shall receive an annual salary of $8,400.
2. The assistant state highway engineer shall receive an annual salary of $7,500.
Sec. 14. Department of Insurance. The commissioner of insurance shall receive an annual salary of $6,600.
Sec. 15. State Department of Purchasing. The director of the state department of purchasing shall receive an annual salary of $6,600.
Sec. 16. Employment Security Department. The executive director of the employment security department shall receive an annual salary of $7,000.
Sec. 17. Department of Buildings and Grounds. The superintendent of the department of buildings and grounds shall receive an annual salary of $6,000.
Sec. 18. Department of Welfare. The director of the department of welfare shall receive an annual salary of $6,600.
Sec. 19. Nevada Tax Commission.
1. Each commissioner of the Nevada tax commission shall receive an annual salary of $660.
2. The chief clerk and statistician, who is the secretary of the commission, shall receive an annual salary of $10,000.
κ1953 Statutes of Nevada, Page 468 (CHAPTER 295, SB 237)κ
Sec. 20. Public Service Commission.
1. The chairman of the public service commission shall receive an annual salary of $8,400.
2. One full-time commissioner of the public service commission shall receive an annual salary of $7,200.
3. One full-time commissioner of the public service commission shall receive an annual salary of $7,200.
4. The secretary of the public service commission shall receive an annual salary of $6,600.
5. The director of the drivers license division shall receive an annual salary of $5,400.
6. The director of the motor vehicle division shall receive an annual salary of $6,000.
7. The director of the highway patrol division shall receive an annual salary of $6,000.
8. The director of the safety and responsibility division shall receive an annual salary of $5,500.
Sec. 21. Office of Veterans Service Commissioner.
1. The veterans service commissioner shall receive an annual salary of $4,200.
2. The deputy veterans service commissioner shall receive an annual salary of $4,200.
Sec. 22. State Planning Board. The secretary of the state planning board shall receive an annual salary of $5,500.
Sec. 23. Board of Pardon and Parole Commissioners. The chief parole and probation officer shall receive an annual salary of $6,000.
Sec. 24. Nevada State Museum. The director of the Nevada state museum shall receive an annual salary of $4,800.
Sec. 25. Nevada Historical Society. The executive secretary of the Nevada historical society shall receive an annual salary of $4,200.
Sec. 26. State Library. The state librarian shall receive an annual salary of $6,600.
Sec. 27. Nevada State Prison. The warden of the Nevada state prison shall receive an annual salary of $4,800.
Sec. 28. Nevada School of Industry. The superintendent of the Nevada school of industry shall receive an annual salary of $4,400.
Sec. 29. Adjutant General. The adjutant general shall receive an annual salary of $1,600.
Sec. 30. State Council of Defense. The director of the state council of defense shall receive an annual salary of $6,600.
Sec. 31. Office of the State Engineer. The state engineer shall receive an annual salary of $7,000.
Sec. 32. Underground Water Hydrologist. The underground water hydrologist shall receive an annual salary of $5,300.
Sec. 33. Nevada State Childrens Home. The superintendent of the Nevada state childrens home shall receive an annual salary of $3,600.
Sec. 34. Labor Commissioner. The labor commissioner shall receive an annual salary of $6,600.
κ1953 Statutes of Nevada, Page 469 (CHAPTER 295, SB 237)κ
Sec. 35. Superintendent of Banks. The state bank examiner, known officially as superintendent of banks, shall receive an annual salary of $7,000.
Sec. 36. Legislative Counsel Bureau.
1. The legislative counsel shall receive an annual salary of $7,200.
2. The legislative auditor shall receive an annual salary of $6,600.
Sec. 37. Director of the Budget. The director of the budget shall receive an annual salary of $6,600.
Sec. 38. Public Employees Retirement Board. The executive secretary of the public employees retirement board shall receive an annual salary of $6,600.
Sec. 39. Assistant State Forester Firewarden. The assistant state forester firewarden shall receive an annual salary of $5,564 which total sum shall be paid from state, federal and other funds. At any time when the total sum received by the assistant state forester firewarden from federal and other funds is less than $5,564, the difference shall be paid from the state board of fire control fund in the state treasury.
Sec. 40. Employment of Deputies and Other Employees. Notwithstanding the provisions of any act or acts, the elective officers and other officers herein mentioned and all other state officers are hereby authorized to appoint and employ such deputies as may be authorized by law and all other employees necessary to carry out the duties of their offices, and they are further authorized to fix the salaries of such deputies and employees within the limits of appropriations made by law.
Sec. 41. Classified Service; Personnel and Merit Systems. The annual salaries provided in this act for positions that would be in the classified service of a state merit and personnel system, if such system is established, shall be in full force and effect only until a pay plan is promulgated under the provisions of the law creating the state merit and personnel system. If such system is not established, the salaries provided herein for such positions shall continue in full force and effect until otherwise provided by law.
Sec. 42. Repeal.
1. The following acts are hereby repealed:
(a) An act fixing and regulating the salaries of certain state officers of the State of Nevada, approved March 21, 1921, and being chapter 117, Statutes of Nevada 1921, as amended.
(b) 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, and being chapter 316, Statutes of Nevada 1951.
2. All other acts and parts of acts in conflict herewith are hereby repealed.
________
κ1953 Statutes of Nevada, Page 470κ
Senate Bill No. 224Senator Whitacre.
CHAPTER 296
AN ACT to provide for the issuance of deeds to correct public records in certain circumstances; providing the duty of county officers and of the board of county commissioners, and other matters properly relating thereto.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Whenever real property has been sold to pay for delinquent taxes, and no deed to such property appears of record whether the purchaser shall have been an individual or the county treasurer as trustee for the state and county, upon application to the board of county commissioners such board may make its order addressed to the proper county officer requiring such officer to make his deed for such property to such purchaser.
Sec. 2. The applicant for such deed shall address his application to the board of county commissioners in writing, and shall state with particularity the need for the deed applied for. Such deed, when issued shall be in the name of the original purchaser, and shall state the circumstances of its issuance, and shall be recorded at the expense of the applicant.
Sec. 3. The deed, when recorded, shall have the same effect as it would have if issued and recorded at the time the property described therein was sold to pay delinquent taxes.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 226Senator Lovelock.
CHAPTER 297
AN ACT authorizing the payment to the estate of Marco Raffeto, deceased, of $512.88 for a void controllers warrant.
[Approved March 27, 1953]
Whereas, On March 22, 1935, the state controller and the state treasurer made and issued warrant number D 30994, in the amount of $512.88, payable to the order of Marco Raffeto; and
Whereas, On the death of Mr. Raffeto, in October of 1952, such warrant was discovered among his effects, and the same is void because the time for presentment has passed; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller is directed to draw his warrant in favor of the estate of Marco Raffeto, deceased, in the amount of $512.88, and the state treasurer is directed to pay such warrant from the general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 471κ
Assembly Bill No. 381Committee on Ways and Means.
CHAPTER 298
AN ACT authorizing the board of regents and the president of the University of Nevada to accept funds bequeathed to the University of Nevada by the late Wesley Elgin Travis; providing for the expenditure of certain funds for the uses and purposes set forth in the last will and testament of said Wesley Elgin Travis; providing for the construction of a building on the campus of the University of Nevada; providing for the issuance of bonds therefor and the manner of their sale and redemption; defining certain duties of the Nevada state planning board, the president and regents of the University of Nevada and the state controller; and other matters relating thereto.
[Approved March 28, 1953]
Whereas, Under the terms and provisions of the last will and testament of the late Wesley Elgin Travis there was bequeathed to the University of Nevada a sum of money equal to 30 percent of 33 1/3 percent of the residuary estate of the said Wesley Elgin Travis, but not to exceed $300,000; and
Whereas, Said bequest was made on the specific condition that said money be used to construct on the campus of the University of Nevada at Reno, Nevada, a building to be known as the Jot Travis student building for use by the students of the University of Nevada for recreation purposes and containing suitable offices for bona fide student organizations and offices for the alumni association; and
Whereas, Said bequest was made on the further specific condition that at least an equal sum be furnished by the State of Nevada and/or others within two (2) years after the death of the said Wesley Elgin Travis for use in conjunction with said bequest for the construction of said building; and
Whereas, Wesley Elgin Travis died on or about January 24, 1952; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Provision is hereby made for the construction on the campus of the University of Nevada at Reno, Nevada, of a building to be known as the Jot Travis student building, for use by the students of the University of Nevada for recreation purposes and containing suitable offices for bona fide student organizations and offices for the alumni association, to provide for the work and materials incidental thereto, and for the payment of the same as hereinafter provided.
Sec. 2. There is hereby created in the state treasury, for the use of the president and regents of the University of Nevada in carrying out the provisions of this act, a fund to be known as the Jot Travis student building fund.
Sec. 3. There is hereby created in the state treasury, for the use of the Nevada state planning board in carrying out the provisions of this act, a trust fund to be known as the Jot Travis student building construction fund.
Sec. 4. To provide said Jot Travis student building fund in the state treasury, the governor, secretary of state and attorney general of the State of Nevada are hereby constituted a commission and are hereby authorized and directed to issue bonds of the State of Nevada as and when needed in a sum not to exceed $300,000.
κ1953 Statutes of Nevada, Page 472 (CHAPTER 298, AB 381)κ
the State of Nevada are hereby constituted a commission and are hereby authorized and directed to issue bonds of the State of Nevada as and when needed in a sum not to exceed $300,000. Said bonds shall be in denominations of $5,000, each payable in legal tender of the United States and shall be numbered serially, and when retired shall be retired in the order of their issuance. Such bonds shall be signed by the governor and endorsed by the secretary of state and the attorney general, countersigned by the state controller and authenticated by the great seal of the State of Nevada. Said bonds shall bear interest at the rate of not more than 3 percent per annum. Said rate of interest shall be fixed by said commission, and payable semiannually, that is to say, on the first day of January and the first day of July of each year, the first payment thereof to be made on the first day of January 1954; and said bonds shall be redeemed and paid within 20 years from the date of the passage of this law.
Sec. 5. The funds in the said Jot Travis student building fund in the state treasury shall be used solely for the purpose of providing funds which may be necessary to equal any sums received from the estate of the late Wesley Elgin Travis for the purpose of the construction on the campus of the University of Nevada at Reno, Nevada, of a building to be known as the Jot Travis student building.
Sec. 6. The president and regents of the University of Nevada are hereby authorized and empowered to accept, on behalf of the University of Nevada, bequests, gifts or other donations of money or property from the estate of Wesley Elgin Travis, deceased, and from any other source whatsoever, for the purpose of the construction of the said Jot Travis student building. All such funds so received by the president and regents of the University of Nevada shall forthwith be deposited in the state treasury to the credit of the Jot Travis student building construction fund. Whenever any funds are received from the estate of Wesley Elgin Travis, deceased, and deposited to the credit of the Jot Travis student building construction fund, the state controller shall forthwith transfer from the Jot Travis student building fund to the Jot Travis student building construction fund funds equal to the amount of funds so received from the estate of Wesley Elgin Travis, deceased.
Sec. 7. None of the funds in the said Jot Travis student building fund, and none of the funds in the said Jot Travis student building construction fund, shall be used for any purpose or purposes other than to construct on the campus of the University of Nevada at Reno, Nevada, a building to be known as the Jot Travis student building for use by the students of the University of Nevada for recreation purposes and containing suitable offices for bona fide student organizations and offices for the alumni association.
Sec. 8. The Nevada state planning board is hereby charged with the duty of carrying out the provisions of this act relating to the construction of the said Jot Travis student building. The state planning board shall employ competent architects, who in turn shall employ competent structural and mechanical engineers in preparing plans and specifications. The state planning board shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for construction of said building.
κ1953 Statutes of Nevada, Page 473 (CHAPTER 298, AB 381)κ
for construction of said building. Approved plans and specifications shall be on file at a place and time stated in said advertisements for the inspection of contractors desiring to bid thereon, and for others interested in the matter. The state planning board 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.
All sealed bids shall be accompanied by a bidders bond of 5 percent 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. 9. The state planning board shall pay the compensation of architects at the time of acceptance of the plans and specifications prepared and presented to the board or thereafter, in full or in part, as provided for in the agreement between the board and the architects for the preparation and presentation of said plans and specifications. All bills for the employment of architects or for the work herein provided for shall be paid out on claims against the Jot Travis student building construction fund as other claims against the state are paid, and such claims, before payment, shall first be approved by the chairman and the secretary of the state planning board.
Sec. 10. The president and regents of the University of Nevada and the state planning board shall cooperate in carrying out the provisions of this act. All plans and specifications and contracts for the whole or part or parts of said construction shall be approved by the regents of the University of Nevada before any construction may begin.
Sec. 11. Upon completion and final acceptance of said building and payment therefor, the Jot Travis student building fund and the Jot Travis student building construction fund shall terminate and any unexpended or unobligated balance or balances remaining in either or both of said funds in the state treasury shall be paid into the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of chapter 197, Statutes of Nevada 1939, and disbursed as provided therein for the purpose of the payment of interest and redemption of bonds issued according to the provisions of this act.
Sec. 12. Upon the issuance and execution of said bonds the same may be sold and delivered to the state permanent school fund, teachers retirement fund, university 90,000-acre-grant fund, the university 72-section-grant fund, the state insurance fund of the Nevada industrial commission and such other state funds as may have money available for legal investment in such bonds as moneys may be available in the state treasury for said bonds, or either or any of them, without advertising said bonds for sale or calling for bids thereon.
κ1953 Statutes of Nevada, Page 474 (CHAPTER 298, AB 381)κ
commission and such other state funds as may have money available for legal investment in such bonds as moneys may be available in the state treasury for said bonds, or either or any of them, without advertising said bonds for sale or calling for bids thereon.
If such money be not available in any or all of said funds the bonds herein provided for may be sold as needed for the purpose herein stated at public or private sale as said board may deem for the best interests of the state. Said bonds shall be sold at not less than par, and the proceeds thereof shall be placed in a fund to be known as the Jot Travis student building fund, and shall be so issued and sold only as and when needed. At least one of said bonds of $5,000 each shall be redeemed on each of said interest paying dates for the payment of such interest, as provided herein, and to be specified in said bonds for the payment of said interest commencing on January 1, 1954, provided, all said bonds shall be redeemed and paid within 20 years from the date of the passage of this act. Payment of the principal and the interest on said bonds shall be made from the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of chapter 197, Statutes of Nevada 1939.
Sec. 13. The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the taxation imposed be omitted until all the bonds issued under and by virtue hereof shall have been paid in full as in this act provided.
Sec. 14. This act shall become effective upon passage and approval.
________
Senate Bill No. 229Senators Brown, Seevers, Johnson, Black, Frank, Lattin, Gallagher, Lemaire, Lovelock, Munk, Murray, Orr, Robbins, Wiley and Whitacre.
CHAPTER 299
AN ACT to provide for the election of delegates to national political party conventions for participation in presidential primaries, and other matters properly relating thereto.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. Delegates to represent the State of Nevada at the national convention of each political party held during a year in which the president of the United States is to be elected, shall be nominated, qualified and elected as provided in this act.
2. This act shall be known by the short title of the presidential primary law.
3. The provisions of that certain act entitled, An act regulating the nomination of candidates for public office in the State of Nevada, approved March 23, 1917, being sections 2404 and 2437, inclusive, N.C.L. 1929, as amended, shall apply to the presidential primary in so far as the former do not conflict with the provisions of this act.
κ1953 Statutes of Nevada, Page 475 (CHAPTER 299, SB 229)κ
Sec. 2. The chairman of the state central committee of each of the political parties qualified to participate in the presidential primary shall notify the secretary of state on or before April 1 immediately preceding the presidential primary as to the number of delegates to represent the state in the next national convention of his party, in substantially the following form:
Statement of Number of Delegates to Party National Convention
To the Secretary of State,
Carson City, Nevada.
You are hereby notified that the number of delegates to represent the State of Nevada in the next national convention of the........................................party is....................................
Dated this..........day of......................................, 19.........
.....................................................................
Chairman of the state central
committee of the...................
party.
Sec. 3. If a chairman of a state central committee fails to file a notice of number of delegates, the secretary of state shall ascertain the number from the call for the national convention issued by the national committee of the party.
Sec. 4. On or before April 10 of the year of the presidential primary, the secretary of state shall certify to the county clerk of each county the number of delegates to be elected by each of the political parties qualified to participate in the election, in substantially the following form:
Certificate of Secretary of State as to Number of Delegates to Each Party National Convention
To the county clerk of...............................................county:
I hereby certify to you that the political parties qualified to participate in the presidential primary to be held in this state on the................day of June 19........., and the number of delegates to be elected by each political party to represent the State of Nevada in its next national convention is as follows:
Parties Number of delegates
.....
.....
.....
Dated at Carson City, Nevada this...............day of April, 19...............
.....................................................................
Secretary of State.
Sec. 5. The number of candidates for delegates grouped on a nomination paper shall be equal to the total number of delegates to be elected by the party. Not more than three delegates shall be residents of the same county.
Sec. 6. Each candidate for delegate to his national party convention shall file with the secretary of state on or before fortieth day prior to the presidential primary an affidavit and statement of preference in substantially the following form:
κ1953 Statutes of Nevada, Page 476 (CHAPTER 299, SB 229)κ
Affidavit and Statement of Preference of Candidate for Delegate
|
State of Nevada
County of................................. |
} |
ss. |
I,................................................., the undersigned, being first duly sworn according to law, do depose and say:
That at the last general election I was registered, and am now registered as intending to affiliate with the.............................................party.
That I reside at No.........................................street, in the city (or town) of................................................., in the county of............................................., State of Nevada; my election precinct is............................................and I reside and am a voter therein; my post-office address is..............................
I desire to be a candidate, at the presidential primary to be held on the ....................day of....................................., 19........, for delegate to the next national convention of the.............................................party; I will not withdraw as a candidate before the presidential primary, and will qualify as a delegate if elected.
I personally prefer..........................................................as nominee of my political party for president of the United States, and hereby declare to the voters of my party in the State of Nevada that if elected as delegate to their national convention, I shall, to the best of my judgment and ability, support............................................................as nominee of my party for president of the United States.
And I hearby enroll myself in the expression of preference for............................................................as presidential nominee of my party, as one of the group of the following named candidates for delegate:
........................................... ...................................... ...................................
........................................... ...................................... ...................................
........................................... ...................................... ...................................
.....................................................................
(Signature)
Sec. 7. No group of candidates for delegate to the national convention of a political party shall be represented on the ballot by a group heading favoring a candidate for presidential nominee unless on or before 40 days prior to the presidential primary:
1. The affidavit and statement of preference mentioned in section 6 shall have been filed by each member of such group of candidates with the secretary of state; and
2. Such group of candidates for delegate has been endorsed by the candidate for presidential nominee for whom the members of such group have filed a preference, or by a state campaign committee created in support of the candidacy of such presidential nominee which has not been repudiated by him as lacking authority to make such endorsement by endorsement filed with the secretary of state, in substantially the following form:
Endorsement of Group of Candidates by State Campaign Committee
This is to certify that there has been created in support of the candidacy of for his nomination as the candidate of the .....................................................
κ1953 Statutes of Nevada, Page 477 (CHAPTER 299, SB 229)κ
.....................................................party for president of the United States a state campaign committee known as.....................................................and composed of the following named persons:
.....................................................................................................................................................................................................
.....................................................................................................................................................................................................
That at a meeting of this committee duly called and held on the................day of............................, 19........, at which a quorum consisting of a majority of the committee was present, the committee duly and regularly adopted the following resolution:
Resolved, That this state campaign committee, created in support of the candidacy of...........................................for his nomination as the candidate of the.............................................party for president of the United States, hereby endorses for election at the ensuing presidential primary, as delegates to the partys next national convention, the following group of candidates:
Name Residence
1. ............................................................ ...........................................................
2. ............................................................ ...........................................................
3. ............................................................ ...........................................................
Etc. Etc.
And the chairman, or other presiding officer, and the secretary of this committee are directed to certify to the secretary of state of the State of Nevada the fact of the passage of this resolution of endorsement and to file with him a certificate containing a copy of this resolution, as and for the act and endorsement of this committee.
This is further to certify that the undersigned are, respectively, the chairman, or presiding officer, of the committee and the secretary thereof and that pursuant to the authority so vested in us by resolution, we do hereby certify to all of the foregoing.
Dated this................day of......................................................., 19..................
.....................................................................
Chairman (or other presiding officer
of said state campaign committee.)
.....................................................................
Secretary of said state campaign
committee.
Filed in the office of the secretary of state this...............................day of........................................................, 19.........
.....................................................................
Secretary of State.
3. And such group of candidates has been nominated by nomination papers signed by not less than 1 percent nor more than 3 percent of the vote polled for the partys candidate for governor at the last preceding general election at which a governor was elected, or, if the party had no candidate for governor, then of the vote polled at the last general election by that one of the partys candidates voted on throughout the state who received the greatest number of votes of all of the partys candidates who were voted on throughout the state.
Sec. 8. Any candidate for delegate whose name appears in nomination papers filed by more than one group, shall be considered as a part of that group which has had the endorsement mentioned in subsection 2 of section 7 first filed.
κ1953 Statutes of Nevada, Page 478 (CHAPTER 299, SB 229)κ
part of that group which has had the endorsement mentioned in subsection 2 of section 7 first filed.
Sec. 9. A group of candidates for delegate may appoint verification deputies to serve within the county in which the deputies reside in securing signatures to the nomination paper of the group of candidates. The verification deputies thus appointed are the duly authorized verification deputies to secure signatures to the nomination paper of the group of candidates in that county. The form on which the verification deputies are appointed shall be filed with the county clerk of the county in which the verification deputies reside, at or before the time the nomination paper of the group of candidates is left with the county clerk for examination. Additional verification deputies may be appointed in the same manner as the original verification deputies were appointed.
Sec. 10. The verification deputies may be appointed by the candidates jointly, on a form which shall be substantially as follows:
Appointment of Verification by Group of Candidates
We, the undersigned, each of whom is a candidate for election, at the presidential primary to be held on the............day of June, 19.........., as a delegate to represent the State of Nevada in the next national convention of the...............................................party, do hereby appoint the following voters of the county of..............................................................as verification deputies to obtain signatures, in that county, to nomination papers placing us in nomination as a group of candidates for election as delegates by that party:
verification deputies
Name Residence
...............................................................
...............................................................
...............................................................
Etc. Etc.
group of candidates
(Signed)
Name Residence
...............................................................
...............................................................
...............................................................
Etc. Etc.
Filed in the office of the county clerk of................................................county, this............day of..............................., 19...........
.....................................................................
County Clerk
Sec. 11. Any five voters of any county who are registered as intending to affiliate with the same political party may join as a committee in proposing the nomination of a group of candidates for delegate, and in appointing verification deputies to serve within the county in securing signatures to the nomination paper of the group of candidates. The signatures of the members of the committee shall be verified free of charge before any officer authorized to administer oaths.
κ1953 Statutes of Nevada, Page 479 (CHAPTER 299, SB 229)κ
fied free of charge before any officer authorized to administer oaths. The form containing their signatures shall be filed with the county clerk of the county in which the members reside, at or before the time the nomination paper of the group of candidates is left with the county clerk for examination. In the form, the members shall make affidavit that the group of candidates therein named have given consent to be thus proposed for nomination to the office of delegate. The form shall also state that the verification deputies therein appointed are voters of the county. The verification deputies therein appointed are the duly authorized verification deputies to secure signatures to the nomination paper of the group of candidates in the county. Additional verification deputies may be appointed in the same manner as the original verification deputies were appointed.
Sec. 12. The verification deputies for a group of candidates may be appointed by a committee of five voters proposing a group of candidates on a form which shall be substantially as follows:
Appointment of Verification Deputies by Committee for Group of Candidates
|
State of Nevada
County of................................. |
} |
ss. |
We, the undersigned, do solemnly swear (or affirm) that we are each voters of the county of........................, State of Nevada, and that we are each registered as intending to affiliate with the......................party; and we do hereby propose as a group of candidates for the nomination and election by that party, at the presidential primary to be held on the.............day of June, 19.........., as delegates to represent the State of Nevada in the partys next national convention, the following named persons who respectively reside at the places herein stated opposite their respective names:
group of candidates
Name Residence
...............................................................
...............................................................
...............................................................
Etc. Etc.
We do solemnly swear (or affirm) that each of the persons above named has consented to this proposal of his name as candidate for nomination and election as delegate and in this group of candidates.
We hereby appoint the following voters of this county as verification deputies to obtain signatures in this county to the nomination papers of this group of candidates:
verification deputies
Name Residence
...............................................................
...............................................................
...............................................................
κ1953 Statutes of Nevada, Page 480 (CHAPTER 299, SB 229)κ
committee of five
(Signed)
Name Residence
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
Subscribed and sworn to before me this.............day of...................., 19...........
.....................................................................
Notary Public (or other official).
(Seal)
Filed in the office of the county clerk of ..county, this day of ., 19
.....................................................................
County Clerk
Sec. 13. A group of candidates for delegate and verification deputies appointed by them, or for them, may obtain signatures to the nomination paper of the group of candidates at any time not more than 60 days nor less than 30 days prior to the presidential primary.
Sec. 14. Any nomination paper may be presented in sections, but no section shall be circulated in more than one county. Only electors of the county in which such section is circulated and who are registered as intending to affiliate with the party by which the group of candidates for delegate is to be nominated shall be competent to sign a nomination paper, and each signer of a nomination paper shall sign only one such paper.
Sec. 15. The nomination paper for a group of candidates shall be in substantially the following form:
Section of Nomination Paper Signed by Voter on Behalf of Group of Candidates
Section ..........................
Page ..............................
County of................................, city or town of............................... (if any).
Nomination paper of group of candidates for election as delegates by..................................................party.
|
State of Nevada
County of................................. |
} |
ss. |
signers statement
I, the undersigned, am a voter of the city or town of.........................., county of............................., State of Nevada, and am registered as intending to affiliate with the.....................................party. I hereby nominate the following:
Number Names Residence, city or town County
1........... ............................... ............................... .................................
2........... ............................... ............................... .................................
3........... ............................... ............................... .................................
(to such number as may be required).
κ1953 Statutes of Nevada, Page 481 (CHAPTER 299, SB 229)κ
who have expressed a preference for.......................................................................as presidential nominee of the..........................................................party as candidates to the..........................................................party national convention, to be voted for at the presidential primary to be held on the................day of June, 19........... I have not signed the nomination paper of any other candidates for the same office, and I further declare that I intend to support for nomination the candidates named herein.
I furthermore declare that I have not signed the nomination paper of any of these candidates or of this group of candidates, as the candidate or group of candidates of any other party at this primary election.
Number Precinct Signature Residence Date
1........... ........................ ........................ ........................ ..........
2........... ........................ ........................ ........................ ..........
3........... ........................ ........................ ........................ ..........
Etc. Etc. Etc. Etc.
Verification Deputys Affidavit
I, ............................................................., solemnly swear (or affirm) that I have been appointed as a verification deputy to secure signatures in the county of..............................................to the nomination paper of the group of candidates named in the signers statement above as candidates for nomination and election by the.................................................party as delegates to represent the State of Nevada in the partys next national convention; that all signatures on this section of the nomination paper numbered from 1 to..............., inclusive, were made in my presence, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be.
Signed.........................................................
Verification Deputy.
Subscribed and sworn to before me this.........day of........................, 19..........
(Seal)
.....................................................................
Notary Public (or other official).
Sec. 16. The affidavit of any verification deputy upon a nomination paper shall be verified without charge by any officer authorized to administer oaths. Until the contrary be proved, a verified nomination paper shall be prima-facie evidence that the signatures are genuine, and that the persons signing it are electors residing within the county in which the section of such nomination paper upon which their names appear was circulated, and are registered as intending to affiliate with the party by which the group of candidates for delegate whose names appear upon such nomination paper are to be nominated.
Sec. 17. Each section of a nomination paper, after being verified, shall be returned by the verification deputy who circulated it to the group of candidates or to the committee of five voters by whom such deputy was appointed, who shall cause such nomination papers, properly prepared, circulated, signed and verified to be left with the county clerk of the county in which they were circulated for examination at least 25 days prior to the presidential primary.
κ1953 Statutes of Nevada, Page 482 (CHAPTER 299, SB 229)κ
county clerk of the county in which they were circulated for examination at least 25 days prior to the presidential primary.
Sec. 18. The county clerk shall examine all nomination papers left with him for examination and shall disregard and mark not sufficient the name of any voter of his county which does not appear in the same handwriting as on an affidavit of registration in the office of the county clerk. He shall also disregard and mark not sufficient the name of any voter of his county who has not stated his intention to affiliate with the political party named in the nomination papers.
Sec. 19. Within 5 days after any nomination papers are left with him for examination, the county clerk shall:
1. Examine and affix to them a certificate reciting that he has examined them and stating the number of names which have not been marked not sufficient.
2. Transmit the papers with the certificate of examination to the secretary of state, who shall file the papers.
Sec. 20. The county clerks certificate to nomination papers of a group of candidates shall be in substantially the following form:
County Clerks Certificate to Nomination Papers of Group of Candidates
To the secretary of state:
I, county clerk of the county of.....................................hereby certify that I have examined the nomination papers, to which this certificate is attached, of the group of candidates for election as delegates at the ensuing presidential primary, and that the number of names which I have not marked not sufficient is.............................................................................
The group of candidates named in the nomination papers comprises the following: (State names of candidates.)
........................................... ...................................... ...................................
........................................... ...................................... ...................................
........................................... ...................................... ...................................
Etc. Etc. Etc.
Dated this.....................day of........................................, 19...............
(Seal)
.....................................................................
County Clerk.
Sec. 21. When nomination papers or sections thereof have been received by the secretary of state which contain valid signatures equal to the maximum percentage of the vote mentioned in subsection 3 of section 7, the secretary of state shall not receive or file further sections of the nomination paper for the group of candidates named therein, but shall return such sections to the group of candidates, who shall notify each person who has signed the excess sections that his name has not been used and that he is free to sign any other nomination paper. Every group of candidates which has received the required number of valid signatures on its nomination papers, and has complied with the provisions of subsections 1 and 2 of section 7 shall be candidates for delegates to the national convention of their party, but their individual names shall not be printed upon the ballots of their respective parties, and they shall be represented upon said ballots by the name of the presidential nominee for whom they have stated their preference.
κ1953 Statutes of Nevada, Page 483 (CHAPTER 299, SB 229)κ
name of the presidential nominee for whom they have stated their preference.
Sec. 22. At least 30 days before a presidential primary the secretary of state shall transmit to each county clerk a certified list containing the names and addresses of the candidates for delegate for whom nomination papers have been filed and who are entitled to be voted for at the presidential primary. The certified list shall be in substantially the following form:
Certified List of Candidates for Delegate
To the county clerk of................................................................county:
I,................................................................................, secretary of state, do hereby certify that the following list contains the name and post-office address of each person for whom nomination papers have been filed in my office and who is entitled to be voted for at the presidential primary to be held on Tuesday, the...........day of June, 19........, as delegate to the next national convention of that party under which his name hereinafter appears; I further certify that in the list under the name of each party, and under the name of the person for whom a preference as nominee of the party for president has been expressed, there is stated the name of each candidate for delegate, who has filed a statement of preference for that person and who have been indorsed as required by law, and who may be voted for as one of a group.
list of candidates
...................................................Party
Candidates Candidates Candidates
preferring preferring preferring
........................................... ...................................... ...................................
Name, address Name, address Name, address
Top of group Top of group Top of group
1......................................... ...................................... ...................................
2......................................... ...................................... ...................................
3......................................... ...................................... ...................................
Etc. Etc. Etc.
.....................Party
(Etc., as above with each political party.)
Dated at Carson City, Nevada, this........day of...................., 19.........
(Seal) .....................................................................
Secretary of State.
Sec. 23. Immediately upon receipt of the certified list of candidates from the secretary of state, the county clerk shall cause to be published in a newspaper having a general circulation throughout the county, or in the absence of such newspaper, shall cause to be posted in three public places in each precinct within the county, a presidential primary notice which shall be in substantially the following form:
Notice by County Clerk of Time and Place of Presidential Primary Election, Political Parties Entitled to Participate Therein, and Names and Addresses of Candidates for Delegate.
Notice is hereby given that a presidential primary election is to be held in the county of...................................on Tuesday, the...........day of June, 19........
κ1953 Statutes of Nevada, Page 484 (CHAPTER 299, SB 229)κ
June, 19........ and that hereinafter under the designation of each of the political parties entitled to participate therein there is stated the name and address of each person for whom nomination papers have been filed in the office of the secretary of state and who is entitled to be voted for, at the election, as delegate to the next national convention of that party under which his name appears; and that under the name of each party, and under the name of the person for whom a preference as nominee of that party for president has been expressed, there is stated the name of each of those candidates for delegate who has filed a statement of preference for that person and has been indorsed as required by law, and who may be voted for as one of a group:
list of candidates
...................................................Party
Candidates Candidates Candidates
preferring preferring preferring
........................................... ...................................... ...................................
Name, address Name, address Name, address
Top of group Top of group Top of group
1......................................... 1...................................... 1...................................
2......................................... 2...................................... 2...................................
3......................................... 3...................................... 3...................................
Etc. Etc. Etc.
.....................Party
.(Etc., as above with each political party).
Notice is also hereby given that at the presidential primary the polls will be open from the hour of 8 oclock a. m. to the hour of 6 oclock p. m. on the day thereof, and that during those hours the election will be held at the legally designated polling places in each precinct in the county, which are as follows:
City of .....................................................................................................................
(Name or number of precinct) (Location of polling place)
Precinct .....................................................................................................................
Precinct .....................................................................................................................
Town of .....................................................................................................................
Precinct .....................................................................................................................
....................................................................................... township (outside of city)
Precinct .....................................................................................................................
Dated this...........day of................., 19.........
.....................................................................
County Clerk
Sec. 24. The returns of the presidential primary election shall be canvassed in the time and manner provided by law for the canvass of returns of primary elections. Not later than the twentieth day after the election, the secretary of state shall compile and file in his office a statement of the canvassed returns which shall show the names of the candidates comprising each group, the total of votes received by each group, and the votes received in each county. The secretary of state shall thereupon forthwith issue, as to each party, a certificate of election to each person who is a member of the group which received the largest vote cast for any group in that party, such person thereby being elected as delegate to his national party convention, which certificate of election shall be in substantially the following form:
κ1953 Statutes of Nevada, Page 485 (CHAPTER 299, SB 229)κ
the largest vote cast for any group in that party, such person thereby being elected as delegate to his national party convention, which certificate of election shall be in substantially the following form:
Certificate of Election Issued to Delegate
office of secretary of state
Carson City, Nevada
I,.........................................................., secretary of state of the State of Nevada, do hereby certify that at the presidential primary election held in this state on the ...........day of June, 19........, ....................................was elected a delegate by the.............................................party to represent the State of Nevada in that partys next national convention, as appears by the official returns of the primary election and statement thereof on file in my office.
Witness my hand and official seal this..........day of..............................., 19.........
.....................................................................
Secretary of State.
(Seal)
Sec. 25. The delegates to each national party convention elected at the presidential primary shall, before leaving the state to attend the convention, meet together and select a chairman of the group. At the meeting they shall also select by such method as shall be determined by a majority of the regularly elected delegates one alternate for each delegate. Each alternate shall be selected from the county of the delegate for whom he is an alternate.
Sec. 26. The alternate of any delegate who is unable to attend the convention, shall attend the convention in his place, and shall otherwise discharge the duties of that delegate. An alternate shall not vote in place of the delegate whom he represents when the delegate himself is occupying his seat at the convention.
Sec. 27. All acts or parts of acts in conflict with this act are hereby repealed.
________
Senate Bill No. 228Senators Brown, Seevers, Johnson, Black, Frank, Lattin, Gallagher, Lemaire, Lovelock, Munk, Murray, Orr, Robbins, Wiley and Whitacre.
CHAPTER 300
AN ACT to amend an act entitled, An act regulating the nomination of candidates for public office in the State of Nevada, approved March 23, 1917.
[Approved March 28, 1953]
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 2404, 1929 N.C.L., is hereby amended to read as follows:
Section 1. The words and phrases of this act shall, unless such construction be inconsistent with the context, be construed as follows:
(a) The words November election, the regular general election for the election of state and county officers held on the first Tuesday after the first Monday in November of each even-numbered year.
κ1953 Statutes of Nevada, Page 486 (CHAPTER 300, SB 228)κ
the election of state and county officers held on the first Tuesday after the first Monday in November of each even-numbered year.
(b) The words primary, primary election, and September primary shall mean the election on the first Tuesday in June at which candidates are nominated for the November election, and the word September whenever used in this act shall be construed to mean June.
(c) The words judicial officers, any justice of the supreme court, any judge of a district court, or any justice of the peace; and the words judicial office, the office filled by any judicial officer.
(d) The words school officers, the state superintendent of public instruction, the regents of the University of Nevada, members of county boards of education, school trustees, and the words school office, any office filled by any school officer.
(e) The words township officer, the constable, and the words township office, any office filled by such officer.
(f) The word precinct, shall mean a district established by law within which qualified electors vote at one polling place.
(g) A political party is an organization of voters qualified to participate in a primary election in either of the two following ways:
First-Any organization of electors which, under a common name or designation at the last preceding November election, polled for any of its candidates equivalent to five percent of the total vote cast for representative in congress.
Second-Any organization of electors which, under a common name or designation, shall file a petition, signed by qualified electors equal in number to at least five percent of the entire vote cast at the last preceding November election for representative in congress declaring that they represent a political party or principle, the name of which shall be stated, and that they desire to participate and nominate officers by primary. Said petition may also contain the platform of the party and shall be filed at least sixty days prior to the day of the primary. The names of the electors so petitioning need not all be on one petition, but may be in one or more petitions; but each petition shall be verified by at least one signer thereof to the effect that the signers are qualified electors of the state according to his best information and belief.
(h) This statute shall be liberally construed to the end that minority groups and parties shall have an opportunity to participate in the elections and that the real will of the electors shall not be defeated by any informality or failure to comply with all provisions of law in respect to either the giving of any notice or the conducting of the primary election or certifying the results thereof.
Sec. 2. Section 14 of the above-entitled act, being section 2417, 1929 N.C.L., is hereby amended to read as follows:
Section 14. On or before the first Monday in March of each year in which a primary election is to be held, the county central committee of each political party for each county shall nominate to the board of county commissioners of such county three qualified electors in and for each precinct in the county to act as officers of the primary election in such precinct, and the board of county commissioners from such nominees for each precinct shall select the officers of the primary election for such precinct in the same manner and number as now provided by law for the election of officers of general elections, giving to each party, as near as may be, equal representation.
κ1953 Statutes of Nevada, Page 487 (CHAPTER 300, SB 228)κ
the primary election for such precinct in the same manner and number as now provided by law for the election of officers of general elections, giving to each party, as near as may be, equal representation. The said officers of the primary election shall perform all the duties at the primary election now prescribed by law for the officers of election at general elections, and they shall receive therefor the same compensation from the county. It shall be the duty of the proper county officers to furnish certified copies of the official register, together with the check lists of each election precinct, to one of the inspectors of the primary election as now provided by law for general elections.
Sec. 3. Section 23 of the above-entitled act, as last amended by chapter 109, Statutes of Nevada 1945, is hereby amended to read as follows:
Section 23. (a) On dates set by the respective state central committees, but if no earlier date be set then on the second Tuesday in February, in each year in which a general election is to be held, a county convention of each political party shall be held at the county seat of each county in the state. The county central committee of each political party shall cause notice of the holding of such county convention of its party to be published in one or more newspapers, if any, published in such county, which notice shall be in substantially the following form:
(Form of Notice)
Notice of............(name of party)............County Convention
Notice is hereby given that the county convention of the.........................party for........................county will be held at......................in............................the county seat of said county, at 11 oclock a.m., on...........................the................day of...................., 19.........., that at said convention delegates to the.......................state convention will be elected, a county central committee to serve for the ensuing two years will be chosen, and other party affairs may be considered; that delegates to such county conventions shall be chosen at...............(name of party).............mass meetings to be held in each voting precinct in the county on or before the................day of......................., 19..........; and that each of said voting precincts is entitled to the number of delegates specified below after the name of such precinct, as follows:
Name of precinct Number of delegates
.............................................................. to ..................................................................
.............................................................. to ..................................................................
..........(name of party)..........county central committee of............................county, Nevada.
By ..........................................(its chairman).
And ..........................................(its secretary).
The number of delegates from each voting precinct in each county to the county convention of any political party for such county shall be in proportion to the number of votes cast within such precinct for the partys candidate for congressman at the then next preceding November election as follows:
(Counties casting under 400 votes.) In counties in which the total vote cast at such preceding November election for such partys candidate for congressman shall not have exceeded four hundred, each precinct shall have one delegate for each five votes, or major fraction thereof, so cast within such precinct;
κ1953 Statutes of Nevada, Page 488 (CHAPTER 300, SB 228)κ
precinct shall have one delegate for each five votes, or major fraction thereof, so cast within such precinct;
(Counties casting 400-600 votes.) In counties in which such total vote so cast shall have exceeded four hundred but shall not have exceeded six hundred, each precinct shall have one delegate for each eight votes, or major fraction thereof, so cast within such precinct;
(Counties casting 600-800 votes.) In counties in which such total vote so cast shall have exceeded six hundred but shall not have exceeded eight hundred, each precinct shall have one delegate for each ten votes, or major fraction thereof, so cast within such precinct;
(Counties casting 800-1400 votes.) In counties in which such total vote so cast shall have exceeded eight hundred but shall not have exceeded fourteen hundred, each precinct shall have one delegate for each fifteen votes, or major fraction thereof, so cast within such precinct;
(Counties casting 1400-2000 votes.) In counties in which such total vote so cast shall have exceeded fourteen hundred but shall not have exceeded two thousand, each precinct therein shall have one delegate for each twenty votes, or major fraction thereof, so cast within such precinct;
(Counties casting 2000-3000 votes.) In counties in which such total vote so cast shall have exceeded two thousand but shall not have exceeded three thousand, each precinct therein shall have one delegate for each thirty votes, or major fraction thereof, so cast within such precinct;
(Counties casting 3000-4000 votes.) In counties in which such total vote so cast shall have exceeded three thousand but shall not have exceeded four thousand, each precinct therein shall have one delegate for each thirty-five votes, or major fraction thereof, so cast within such precinct;
(Counties casting over 4000 votes.) In counties in which such total vote so cast shall have exceeded four thousand, each precinct therein shall have one delegate for each fifty votes, or major fraction thereof, so cast within such precinct;
Provided, that in all counties every precinct shall be entitled to at least one delegate to each county convention.
(b) The county central committee of each political party in each county shall cause a mass meeting of the qualified electors of said party, registered as such, residing in each voting precinct entitled to delegates in the county convention, to be called and held in such precinct on or before the fifth day preceding the dates set by the respective state central committees of such year, or if no earlier date be set then on or before the fifth day before the second Tuesday in February, and shall cause notice of the time and place of the holding of such meeting to be posted in at least three public places in each precinct at least five days prior to the day of such meeting. Said notice shall specify the number of delegates to the county convention to be chosen at such meeting and shall be published in one or more newspapers, if any there be, published in the precinct; and said county central committee shall cause such further notice of such meeting to be given as the conditions existing in the precinct may reasonably require.
κ1953 Statutes of Nevada, Page 489 (CHAPTER 300, SB 228)κ
meeting to be given as the conditions existing in the precinct may reasonably require.
(c) At the time and place appointed therefor, such mass meeting shall be convened and organized in each precinct, and at such meeting the delegates to which the members of the party residing in such precinct shall be entitled in the partys county convention shall be elected by ballot, and the result of such election shall be certified to the county convention of the party by the chairman and secretary of said meeting; provided, that if any precinct shall fail to elect delegates to any partys county convention, the county central committees then in office may fill the vacancies from qualified members of the party in such precinct, and the secretaries of such county central committee shall certify the same to the county conventions.
(d) At a time and date set by the respective state central committees in said year, or if no earlier date be fixed then on the second Tuesday in February, the delegates so elected to each party county convention shall convene at the place in the county seat designated by the partys county central committee and there organize, elect the delegates to which the qualified electors of the party residing in the county are entitled in the state convention of the party, and also elect the members of the county central committee of their party for the ensuing term; and they may also adopt a county platform and take such other action, consistent with the provisions of this act, pertaining to the affairs of their party in such county as they may deem proper. The chairman and secretary of each county convention shall certify to the state convention the result of the election by the county convention of delegates to the state convention.
(e) The county central committee of a political party to be elected by the county convention of such party shall consist of such number of members as may be determined by the convention, but each voting precinct, entitled to one or more delegates in the convention, shall have at least one committeeman, and no precinct shall have more than three.
(f) The number of delegates to the state convention of each party which shall be chosen at each county convention of such party shall be one delegate for each one hundred votes and major fraction thereof cast in said county for the partys candidate for member of congress at the then next preceding November election; provided, that each county shall be entitled to at least one delegate.
(g) If any political party shall have had no candidate for congressman at the November election next preceding the selection of delegates to a county or state convention of such party, the number of delegates to which each precinct shall be entitled to a county convention and the number of delegates to which each county shall be entitled at a state convention shall be in the proportions above set forth to the vote cast at such next preceding November election, for the partys candidate, if any, for the office of United States senator. If such party shall have had no candidate at such election for the office of United States senator, then the number of such delegates shall be in proportions above set forth to the average vote cast at such election for all the partys candidates for state offices, excluding the vote for candidates who shall have had no opposition.
κ1953 Statutes of Nevada, Page 490 (CHAPTER 300, SB 228)κ
for all the partys candidates for state offices, excluding the vote for candidates who shall have had no opposition.
Sec. 4. Section 24 of the above-entitled act, as last amended by chapter 109, Statutes of Nevada 1945, is hereby amended to read as follows:
Section 24. (State conventions.) (a) Each year in which the general state election is to be held, the delegates elected to the state convention of each political party by the several county conventions of such party shall convene on such respective dates as the state central committees of the parties shall designate, or if an earlier date is not designated then on the second Tuesday in February at the state capitol, or at such other place in the state as the state central committee of such party shall designate, and there organize, adopt state party platform, elect state central committee for such party for the ensuing term and the chairman thereof.
(b) The state central committee of each political party shall consist of as many qualified electors affiliated with such party as may be determined by the state convention of such party, but there shall be at least one member from each county in the state.
(c) Except as otherwise prescribed in this act the state and county party conventions may each adopt its own rules, and each shall be the judge of the election of its own delegates. In case of the inability of a delegate to personally attend a state or county convention he may be represented and act by a proxy, duly appointed, but no person shall be entitled to act either as a delegate or as a proxy at any convention unless he be a duly qualified elector of the county or precinct that he seeks to represent.
(d) The state and county central committeemen shall serve for two years and until their successors shall have been elected. Any vacancy in any such committee, or in the offices thereof (including the office of chairman) arising from death, resignation, or other cause, shall be filled by the remaining members of the committee. Each such committee may elect from its membership an executive committee and shall, except as otherwise herein provided, choose its officers by ballot. Each such committee and its officers shall have general charge of the affairs of the party in the state or county, as the case may be, and have the powers usually exercised by such committees and officers thereof, subject to the provisions of this act. The several state and county committees and the officers thereof now in existence shall exercise the powers and the duties herein prescribed until their successors shall be chosen in accordance with the provisions of this act.
Sec. 5. Section 24 1/2 of the above-entitled act, as last amended by chapter 109, Statutes of Nevada 1945, is hereby amended to read as follows:
Section 24 1/2. The state convention, if consistent with the rules and regulations of the party, shall select the national committeeman and committeewoman of the party from the State of Nevada.
________
κ1953 Statutes of Nevada, Page 491κ
Assembly Bill No. 197Miss Frazier.
CHAPTER 301
AN ACT to amend an act entitled, An Act regulating the registration of electors for general, special and primary elections, approved March 17, 1917, as amended.
[Approved March 28, 1953]
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 2361, N.C.L. 1929, is hereby amended to read as follows:
Section 2. No person shall be deemed to have gained or lost such a residence by reason of his presence or absence while employed in the military, naval, or civil service of the United States, or of the State of Nevada; nor while engaged in the navigation of the waters of the United States or of the high seas; nor while a student at any seminary or other institution of learning, nor while kept at any almshouse, or other asylum, at public expense.
Sec. 2. Section 9 of the above-entitled act, being section 2368, 1929 N.C.L., 1941 Supp., is hereby amended to read as follows:
Section 9. County clerks shall provide original and duplicate blank forms for the affidavits of registration, said forms to be eight and one-half by twelve inches in size. The forms shall be bound together in pads of one hundred sheets each. Each original shall be attached by perforated line to a stub, and each original, duplicate, and stub shall bear the same number. The numbering shall begin with one and continue in sequence until all of the forms provided are numbered. The numbering shall begin anew with each one hundred thousand affidavits of registration. Each set of numbers shall be designated alphabetically as a series, beginning with series A. The original stub shall be detached and given to the elector at the time of registration, and the duplicate stub shall remain with the duplicate affidavit of registration.
The signature of the registered elector shall be required on both the original and duplicate affidavits of registration, and on both the original and duplicate stubs. Files of the original affidavits of registration shall be delivered to precinct election officials on election days. Files of the duplicate affidavits of registration shall at all times remain in the custody of the county clerks, and they shall be responsible for the safekeeping thereof. Prior to the primary election in 1954, the county clerks shall transfer all information on currently active registration cards to the original and duplicate affidavits of registration. Such filled-in affidavits of registration, original and duplicate, shall be sent to the polls for the primary and general elections in 1954, and qualified electors appearing to vote at said elections shall sign the original and duplicate affidavits of registration as well as the poll book before voting at said elections. Those electors who desire to do so, may reregister in the manner provided by law prior to the primary and general elections of 1954.
κ1953 Statutes of Nevada, Page 492 (CHAPTER 301, AB 197)κ
The body of affidavits of registration shall be substantially in the following form:
(face)
Voters Given name
Surname................................................... and initial......................................................
(In the case of women, the prefix Miss
or Mrs.)
Residence ........................................................................................................................
(Name street or road. If remote from both, give Sec., Twp., and Range. Do Not give R. F. D. route. See below for mail address.)
Occupation..........................................................Political affiliation..............................
(If affiliation is not given, write or stamp Declines to State.)
Voter sign here.............................................................................................
(Number) ....................................................Date .........................................., 195.......
Deputy Registrar
...................................................Precinct No. .............................................
Statement of Transfer or Change
of Name
I last registered under the name of
....................................................................................... original
I last registered at and removed from (or duplicate)
No. .............................................................. Street
.................................................................... Precinct
I hereby authorize the cancellation of said registration. ..........Precinct No..........
Affidavit of Registration
|
State of Nevada
County of............................. |
} |
ss. |
The undersigned affiant, being duly sworn, says: I will be at least twenty-one years of age at the time of the next succeeding election, a citizen of the United States, and a resident of the state six months, of the county thirty days, and of the precinct 10 days next preceding such election, and will be an elector of this county at the next succeeding election.
1. I have not registered from any other precinct in the State since July 1, 1953. (If applicant has so previously registered, mark out the word not and fill out the appropriate blanks at the top of the affidavit.)
2. My full name is .....................................................................................................
(Including Christian or given name, and middle name or initial, and in the case of women, the prefix Miss or Mrs.)
3. My residence is ..............................................................................................Side
(Name street or road. If remote from both, then give section, township, and range.)
κ1953 Statutes of Nevada, Page 493 (CHAPTER 301, AB 197)κ
between ................... and ................... Streets, ................... Floor, Room.............
My mailing address is..............................................................Zone......................
(Must be written out in full, including town.)
4. My occupation is................................. I intend to affiliate at the ensuing
5. My height is...........feet.............inches. primary election with the
6. I was born in....................................... ..............................................Party
(State or county) (If affiliation is not given, write
or stamp, Declines to State.)
(If a native born citizen you need not answer question No. 7.)
7. I acquired citizenship by (Underline method of acquiring citizenship):
a. Decree of court.
b. Fathers naturalization.
Mothers naturalization.
c. Citizenship of father.
d. Marriage to a citizen prior to September 22, 1922.
e. Naturalization of my husband prior to September 22, 1922.
f. Act of congress.
g. By treaty.
(When) .................................................. (Where) ..........................................
(Month) (Day) (Year) (City) (State)
fathers
My mothers name is (was) ......................................................................................
husbands (To be filled out when citizenship depends on
citizenship or naturalization of parent or husband.)
8. I can.........................................read the Constitution in the English language; I can...................................write my name;
I am entitled to vote by reason of having been an elector.
I can............................mark my ballot by reason of.................................................
(State physical disability, if any.)
.....................................................................................................
(Affiant sign here)
.....................................................................................................
(Street address)
Subscribed and sworn to before me this
.....................day of................................................................., 19....... (Number)
.............................................................., Registrar
By .......................................................................................................
Deputy Registrar
(back)
Attention of Voter
This registration shall continue in force and effect until cancelled according to law. If you move from the address here shown you must re-register. Registration will be cancelled if the voter does not vote at the general election in November of each even-numbered year. This receipt does not constitute the registration but is furnished merely for the convenience of the voter.
Registrar, county of..........................................
κ1953 Statutes of Nevada, Page 494 (CHAPTER 301, AB 197)κ
Voting Record For use of registrar only
Year 1954 1956 1958 1960
Primary ............ ......... ......... ......... ......... ............................................
General ............ ......... ......... ......... ......... ............................................
P-Means elector voted at election indicated.
G-Means elector voted at election indicated.
for use of registrar only
Absent voter record
Election Date Election Date Election Date
................ ............ ................ ............ ................ ............
................ ............ ................ ............ ................ ............
................ ............ ................ ............ ................ ............
................ ............ ................ ............ ................ ............
Sec. 3. Section 10 of the above-entitled act, being section 1 of chapter 112, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 10. All justices of the peace, except those located in the respective county seats of the various counties of this state, are hereby designated as deputy registrars for the purpose of carrying out the provisions of this act. The county clerk of each county shall be the registrar for all precincts with the county, and may appoint deputy registrars, who shall have the power to administer oaths. Deputy registrars so appointed may be authorized to work in specific precincts or in the county at large.
It shall be the duty of the deputy registrar to register all electors applying for registration, and for this purpose he or she shall have the authority to demand of the elector all information, and to administer all oaths required by this act. The deputy registrar shall be a resident elector within the county for which he is appointed and shall receive as compensation for all services the sum of not more than ten cents for each elector registered, to be paid by the county after being approved by the county clerk. Whenever said deputy registrar shall have in his possession five or more of such affidavits of registration so filled out, he shall forward the same to the county clerk, and immediately after the close of registration shall forward to said county clerk all affidavits of registration so filled out and then remaining in his possession; said deputy registrar may forward less than five of said affidavits at any time if desired. Said deputy registrar shall send to the county clerk a complete list of the electors registered by him in the precincts under his jurisdiction, along with the addresses of such registered electors. Any deputy registrar violating any of the provisions of section 10 of this act shall be guilty of misdemeanor, and be subject to a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) for each offense.
Sec. 4. Section 11 of the above-entitled act, being section 1 of chapter 178, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 11. At least 90 days prior to the closing of registration for any election, the county clerk shall prepare a list of the persons whose names remain on the official register of each precinct, except the precincts at the county seat of the county, and send such list to the deputy registrar of such precinct. Said list shall consist of the name of the person registered and the political affiliation designated on his registration card then on file in the office of the county clerk, or the fact that no political affiliation is designated, as the case may be.
κ1953 Statutes of Nevada, Page 495 (CHAPTER 301, AB 197)κ
person registered and the political affiliation designated on his registration card then on file in the office of the county clerk, or the fact that no political affiliation is designated, as the case may be. Registration offices shall be open at all times for registration of voters for any election, Sunday and legal holidays excepted, except as otherwise provided in this act, up to the thirtieth (30th) day next preceding such election, and between the hours of 9 a. m. and 5 p. m.; provided, that during the ten days previous to the close of registration the registration office shall be open evenings until 9 p. m. Affidavits of registration shall be numbered consecutively in the order of their receipt at the office of the county clerk. The county clerk shall classify original affidavits of registration according to the precinct in which the several electors reside, and shall arrange the affidavits in such precinct alphabetically in order. The affidavits for each precinct shall be kept in a separate binder which shall be marked with the number of the precinct. Such binder shall constitute the official precinct register. The county clerk shall arrange the duplicate affidavits of registration alphabetically in order for the entire county, and they shall be kept in separate binders and shall constitute the official county register.
Sec. 5. Section 12 of the above-entitled act, being section 2371, N.C.L. 1929, is hereby amended to read as follows:
Section 12. Any elector residing within the county may register by appearing before the county clerk or deputy registrar and making satisfactory answers to all questions propounded by the county clerk touching the items of information called for by such affidavit of registration and by signing and verifying the affidavit.
Sec. 6. Section 14 of the above-entitled act, being section 2373, N.C.L. 1929, is hereby amended to read as follows:
Section 14. Every elector on changing his residence, from one precinct to another within the same county, shall reregister in the manner provided by law; provided, however, that reregistration for this purpose shall be allowed only prior to or on the closing date of registration.
Sec. 7. Section 15 of the above-entitled act, being section 2374, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 15. The registration or reregistration of electors who are unable to sign their names shall be made only upon personal application at the offices of the county clerks, where they may be identified by the use of personal description data on the affidavits of registration. Such affidavits may be signed with a mark or cross, and the person before whom the affidavit is made shall insert the date, which shall be the date of the jurat.
Sec. 8. Section 16 of the above-entitled act, being section 2375, N.C.L. 1929, is hereby amended to read as follows:
Section 16. Immediately after every general November election the county clerk of each county shall compare with the official register of said precinct on file in his office, the list of electors who have voted at such election in each precinct, as shown by the official poll book returned by said inspectors of election of each precinct to the county clerk, and he shall remove from the official register the affidavits of registration of all electors who have failed to vote at such election, and those who have voted by absent voters ballots except state and federal officers and attaches, and members of their immediate family, shall mark each of said affidavits with the word Canceled, and shall place such canceled affidavits for the entire county in alphabetical order in a separate drawer to be known as the canceled file, but any elector whose affidavit is thus removed from the official register may reregister in the same manner as his original registration was made, and the affidavit of registration of any elector who thus reregisters shall be filed by the county clerk in the official register in the same manner as the original affidavits of registration are filed.
κ1953 Statutes of Nevada, Page 496 (CHAPTER 301, AB 197)κ
those who have voted by absent voters ballots except state and federal officers and attaches, and members of their immediate family, shall mark each of said affidavits with the word Canceled, and shall place such canceled affidavits for the entire county in alphabetical order in a separate drawer to be known as the canceled file, but any elector whose affidavit is thus removed from the official register may reregister in the same manner as his original registration was made, and the affidavit of registration of any elector who thus reregisters shall be filed by the county clerk in the official register in the same manner as the original affidavits of registration are filed. The county clerk shall at the same time cancel, by drawing a red line through the entry thereof, the name of all such electors who have failed to vote at such election.
Sec. 9. Section 17 of the above-entitled act, being section 1 of chapter 62, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 17. Within three days after the closing of registration the county clerk shall transmit to the secretary of state a statement showing the number of voters registered in said county, approximating the number of registry cards not yet received at his office. The county clerk of each county must cause to be published in newspapers published within his county and having a general circulation therein, a notice signed by him to the effect that such registration will be closed on the day provided by law, specifying such day in such notice, and stating that electors may register for the ensuing election by appearing before the county clerk at his office or by appearing before a deputy registrar in the manner provided by law. The publication of such notice shall be once each week for four consecutive weeks next preceding the close of registration for any election. At least fifteen days before the time when the register is closed for any election, the county clerk shall cause to be posted, in not less than five conspicuous places in each voting precinct outside of incorporated cities and in which no newspaper is being published, a copy of such election notice, stating the time when the official register will close for such election.
Sec. 10. Section 18 of the above-entitled act, being section 1 of chapter 175, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 18. The county clerk shall, at least ten days preceding any election, cause to be printed or written, lists of all electors registered and entitled to vote in the individual precincts of such county, and shall forthwith forward to the secretary of state a full, true and correct list of all registered voters with their party affiliations. Such lists of registered electors shall contain the names of the electors in full, the lists shall be segregated by precincts, and there shall be a county-wide summary of the total number of affiliations by party.
The expense of printing or writing said lists shall be paid by the county in which the election is held. The county clerk shall cause to be posted, not less than eight days before any election, at least one list of the registered voters in at least one conspicuous place within the proper precincts outside of incorporated cities, and he shall cause to be posted one list for the entire county at the county courthouse; provided, that the printing or writing shall cost not to exceed ten cents per folio for the printed or written matter of such lists and not to exceed six dollars per thousand for printed or written copies thereof.
κ1953 Statutes of Nevada, Page 497 (CHAPTER 301, AB 197)κ
vided, that the printing or writing shall cost not to exceed ten cents per folio for the printed or written matter of such lists and not to exceed six dollars per thousand for printed or written copies thereof. He shall cause to be published in not to exceed two papers published in different parts of the county, for one insertion, a complete list of all registered voters of said county, segregated by the precincts; provided, that the cost to the county shall not exceed ten cents per name to each newspaper publishing such notice. He shall furnish to any qualified elector applying therefor copies of any precinct or county lists at a charge of not to exceed ten cents per folio therefor.
Sec. 11. Section 19 of the above-entitled act, being section 2378, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 19. During the time intervening between the closing of the official register and five days before the ensuing election, the county clerk shall prepare for each precinct, a binder containing the original affidavits of registration of the electors in the precinct, and said binder shall be the precinct register. The precinct register so prepared shall be delivered to the judges of election prior to the opening of the polls in each precinct. Where the precincts in municipal elections or in elections in school districts of the first-class include more than one county precinct, the county clerk shall combine into one precinct register the names of all electors in the several precinct registers of the precincts of which such municipal or school district precinct is composed.
Sec. 12. Section 20 of the above-entitled act, being section 2379, N.C.L. 1929, is hereby amended to read as follows:
Section 20. If at any time the register is closed for any impending election, but open for some other election, any elector shall be permitted to register for such other election, but the county clerk shall retain his affidavit of registration in a separate file until the official registry is again open for filing of affidavits, at which time all affidavits in such temporary file shall be placed in their proper position in the official register.
Sec. 13. Section 21 of the above-entitled act, being section 2380, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 21. The county clerk must cancel any affidavit of registration in the manner but not necessarily at the time provided for in section 2375, Nevada Compiled Laws 1929, in the following cases:
1. When he has a personal knowledge of the death of the person registered or when a duly authenticated certificate of the death of any elector is filed in his office. The division of vital statistics of the state department of health shall send death reports to the county clerks as convenient, but at least once each month.
2. When the insanity of the elector is legally established.
3. Upon the production of a certified copy of the judgment of the conviction of any elector of felony.
4. Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.
5. Upon the request of any elector who desires to change his politics, or to affiliate with any political party, provided said change is made at any time prior to the close of registration before any primary election.
κ1953 Statutes of Nevada, Page 498 (CHAPTER 301, AB 197)κ
election. If any affidavit of registration is canceled by reason of this subdivision 5 the elector may immediately reregister.
6. Upon the filing with the county clerk of the county in which the registrant is registered for voting purposes of an affidavit or of affidavits of one or more electors or other reliable person or persons, knowing the facts to the effect that the registrant has removed from the county where so registered to another county, state, territory, or foreign country, with the intention of remaining there for at least an indefinite time and of abandoning his or her home and residence in the county where so formerly registered, and has established his or her residence in such other state, territory, or foreign country or in some other county of this state, naming the same, as set forth in Nevada Compiled Laws 1929, section 2366, and that the affiant has or affiants have personal knowledge of said facts, unless said registrant shall within fifteen days after he has been notified by registered mail and the return receipt thereof has been filed in the office of the county clerk of the filing of the above-mentioned affidavit or affidavits and a copy thereof enclosed, present to such county clerk counter affidavits, documentary evidence, or oral testimony under oath refuting the said statements so made in the above-mentioned affidavit or affidavits to the satisfaction of said county clerk; provided, however, that nothing in this act shall prevent, or be construed so as to prevent, the challenge provided for in Nevada Compiled Laws 1929, section 2382.
7. At the request of the party registered. If any affidavit of registration is so canceled the party shall not be reregistered within forty-five days of such cancellation.
8. Upon the filing with the county clerk of the county in which the registrant is registered for voting purposes of an affidavit or of affidavits of two or more electors, or other reliable persons knowing the facts, to the effect that the registrant is not a citizen of the United States but is an unnaturalized alien, and that the affiant has or the affiants have personal knowledge of that fact, or upon the filing of other satisfactory documentary evidence showing that said registrant is not a citizen of the United States, unless said registrant shall present to such county clerk, within 15 days after he has been notified of the filing of the above-mentioned affidavit or affidavits or other such documentary evidence enclosing a copy thereof, counteraffidavits, his certificate of naturalization or other documentary evidence or oral testimony under oath, refuting to the satisfaction of said county clerk the statements made in said affidavit or affidavits and in said documentary evidence so questioning the United States citizenship of said registrant; provided, however, that nothing in this act shall prevent, or be construed so as to prevent, the challenge provided for in Nevada Compiled Laws 1929, section 2382.
Except in the case of the death of an elector, county clerks shall notify those electors whose registration has been cancelled.
Sec. 14. The above-entitled act is hereby amended by the addition of three new sections immediately after section 21, to read as follows:
Section 21a. With the consent of the board of county commissioners, a county clerk shall have the authority to make systematic investigations of registration in the county by census, by house-to-house canvass, or by other methods.
κ1953 Statutes of Nevada, Page 499 (CHAPTER 301, AB 197)κ
gations of registration in the county by census, by house-to-house canvass, or by other methods.
Section 21b. County clerks shall have the authority to use other reliable means at their discretion to correct registration lists, such as the mails, information of removals secured from the post office, city directories, moving reports, tax assessments, and gas, telephone, electric, and water orders of change and discontinuation of service.
Section 21c. When an elector moves to another county, the county clerk of the said county shall send a cancellation notice to the clerk of the county where the elector previously resided.
Sec. 15. Section 24 of the above-entitled act, being section 2383, N.C.L. 1929, is hereby amended to read as follows:
Section 24. When a naturalized citizen applies for registration his certificate of naturalization must be produced and stamped, or written in ink by the county clerk with such county clerks name and the year, month and day and county where presented, but if it satisfactorily appears to the county clerk, by the affidavit of the applicant (and the affidavit of one or more credible electors when deemed necessary), that his certificate of naturalization is lost or destroyed or beyond the reach of the applicant for the time being, said county clerk must register the name of said applicant, unless he is by law otherwise disqualified; but in case of failure to produce the certificate of naturalization, the county clerk must propound the following questions:
1. In what year did you come to the United States?
2. In what state or territory, county, court, and year were you finally admitted to citizenship?
3. Where did you last see your certificate of naturalization, or a certified copy thereof?
Sec. 16. Section 26 of the above-entitled act, being section 2385, N.C.L. 1929, is hereby amended to read as follows:
Section 26. No person shall be entitled to vote at any election mentioned in this act, including all school elections, unless his name shall, on the day of election appear in the copy of the official precinct register furnished by the county clerk to the judges of the election; and the fact that his name so appears in the copy of the precinct register shall be prima-facie evidence of his right to vote; provided, that when the judges shall have good reason to believe, or when they shall be informed by a qualified elector that the person offering to vote is not the person who was so registered in that name, the vote of such person shall not be received until he shall have proved his identity as the person who was registered in that name by the oath of two reputable freeholders within the precinct in which such elector is registered. All voters shall be identified at the polls by signing their names when they apply to vote, and such signatures shall be compared with those on the original affidavits of registration.
Sec. 17. The above-entitled act is hereby amended by the addition of one new section immediately after section 26, to read as follows:
Section 26a. Electors who are unable to sign their names shall be identified by answering questions covering the personal data which is reported on the original affidavit of registration.
κ1953 Statutes of Nevada, Page 500 (CHAPTER 301, AB 197)κ
Sec. 18. Section 29 of the above-entitled act, being section 2388, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 29. The word elector, as used in this act, shall apply to male and female electors, and the pronoun he, used herein, shall be construed and intended to mean the word he or she. Female electors who are or have been married, who register after the passage and approval of this act, shall be registered under their own given or first names and not under the given or first names or initials of their husbands. Any elector who changes his or her name by marriage or otherwise, shall be required to reregister.
Sec. 19. That certain act of the legislature of the State of Nevada entitled, An act requiring registry agents to file with the county clerks a list of the registered voters in their precincts, and requiring each county clerk to certify the same to the secretary of state, approved March 19, 1901, is hereby repealed.
Sec. 20. If any provision or section of this act, or the application thereof to any person or circumstance, shall be invalid for any reason, the remainder of this act shall not be affected thereby.
________
Assembly Bill No. 200Miss Frazier.
CHAPTER 302
AN ACT to amend an act entitled, An act to provide a method for voting at any general, special or primary elections by qualified voters who by reason of the nature of their vocation or business or other causes are unavoidably absent from the polls in the county of their residence on the day of election, providing penalties for the violation thereof, and other matters properly connected therewith, approved March 11, 1921, as amended.
[Approved March 28, 1953]
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 1 of chapter 119, Statutes of Nevada 1943, is hereby amended to read as follows:
Section 2. An elector, as designated in section 1 of this act, who will be or expects to be absent from the precinct in the county of his residence on the day of any general, special, or primary election, or who, by reason or illness or physical disability, is or expects to be confined at home or a hospital, or attached to the armed forces of the United States, may, not more than ninety (90) days nor after 5 oclock p. m. on the Friday prior to the date of such election, make application in person by mail or telegram to the county clerk of the county in which his precinct is situated, for an official absent voters ballot to be voted by him at such election.
Sec. 2. Section 4 of the above-entitled act, being section 1 of chapter 59, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 4. Upon receipt of such application if the county clerk shall determine that such applicant is entitled to vote at such election, the said clerk shall immediately or as soon thereafter as the official absent voter ballot for the precinct in which the applicant resides has been printed, send to such absent voter by mail, postage prepaid, one such official absent voter ballot, and shall enclose with such ballot an envelope, which envelope shall bear upon the front thereof the name, official title and post-office address of such county clerk, and upon the other side a printed affidavit in substantially the following form:
κ1953 Statutes of Nevada, Page 501 (CHAPTER 302, AB 200)κ
the said clerk shall immediately or as soon thereafter as the official absent voter ballot for the precinct in which the applicant resides has been printed, send to such absent voter by mail, postage prepaid, one such official absent voter ballot, and shall enclose with such ballot an envelope, which envelope shall bear upon the front thereof the name, official title and post-office address of such county clerk, and upon the other side a printed affidavit in substantially the following form:
|
State of Nevada
County of............................. |
} |
ss. |
I, ............................................................................, hereby certify that I am a resident elector of the.......................voting district of the..........................................................precinct in..........................................county, State of Nevada, and entitled to vote in such precinct at the next election; that I expect to be absent from said county of my residence on the day of holding such election, and that I will have no opportunity to vote in person on that day.
.....................................................
(Name of voter)
No campaign literature of any kind or nature whatsoever shall be enclosed or sent with such absent voter ballot, nor shall any matter or thing be sent with such ballot except as permitted by law.
Sec. 3. Section 6 of the above-entitled act, being section 4 of chapter 119, Statutes of Nevada 1943, is hereby amended to read as follows:
Section 6. Such absent voter shall mark his ballot, fold it so as to conceal the vote, deposit it in the envelope provided, and securely seal the envelope. Said envelope shall be mailed by such absent voter, postage prepaid, unless postage be not required of members of the armed forces of the United States.
Sec. 4. Section 8 of the above-entitled act, being section 6 of chapter 119, Statutes of Nevada 1943, is hereby amended to read as follows:
Section 8. County clerks are hereby authorized to send affidavits of registration and ballots to absent voters at the same time.
Sec. 5. Section 10 of the above-entitled act, being section 2561, N.C.L. 1929, is hereby amended to read as follows:
Section 10. On the day of election, the inspector of election who received the absent voters ballots from the county clerk shall, in the presence of a majority of the election officers, proceed to deposit the ballots in the ballot-box in the following manner:
The name of the voter, as shown in the carrier envelope, is to be called and checked as if the voter were voting in person. If found entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and if the number on said envelope agrees with the number of the ballot taken from said envelope, the ballot shall then be deposited in the regular ballot-box, without examining or unfolding it, and the clerk of election shall mark opposite the name of the voter the word voted.
Sec. 6. Section 13 of the above-entitled act, being section 2564, N.C.L. 1929, is hereby repealed.
κ1953 Statutes of Nevada, Page 502 (CHAPTER 302, AB 200)κ
Sec. 7. That certain act of the legislature of the State of Nevada entitled, An act to provide for taking the votes of electors of the State of Nevada, who may be in the military service of the United States, approved March 14, 1899, is hereby repealed.
________
Assembly Bill No. 199Miss Frazier.
CHAPTER 303
AN ACT to amend an act entitled, An act relating to elections, approved March 24, 1917, as amended.
[Approved March 28, 1953]
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 1 of chapter 15, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 2. It shall be the duty of boards of county commissioners to establish election precincts and define the boundaries thereof, and to alter, consolidate, and abolish the same as public convenience or necessity may require; provided:
First. That no new precinct shall be established except upon petition of ten or more qualified electors, permanently residing in the district sought to be established, showing that they reside more than ten miles from any polling place in said county, unless it shall appear to the satisfaction of said board that not less than fifty qualified electors reside in said precinct, in which event said precinct may be established without regard to the distance which said electors reside from another polling place or precinct.
Second. That no election shall be held in any precinct in which there shall not be at least ten qualified electors, permanently residing therein at the time notice of holding election therein shall be given.
Third. All qualified electors residing in any election precinct in which there are less than ten qualified electors permanently residing at the time notice of holding elections is given, shall be entitled to register and vote in the election precinct having a polling place nearest their residence, by the usual traveled route.
Fourth. That no election precinct shall be established or election held at any place in any precinct within one mile of another voting place in the same county, unless there shall have been polled, at the said voting place, at the next preceding general election, not less than fifty votes.
The several boards of county commissioners in the counties of this state in providing for and proclaiming election precincts shall so arrange and divide the voting places in the respective counties so that no greater number than four hundred voters shall vote in one precinct.
It shall be the duty of said boards of county commissioners at their first regular meetings in September preceding each general election (and fifteen days preceding each special election), to appoint three capable and discreet persons possessing the qualifications of electors (who shall not be of the same political party), to act as inspectors of election at each election precinct, and two clerks of election, who shall have charge of the ballots on election day and shall furnish them to the voters in the manner hereinafter provided for; provided, that in all precincts where two hundred (200) or more voters are registered, it shall be the duty of said boards of county commissioners to appoint six inspectors and four clerks of election, each possessing the above qualifications, said inspectors and clerks to be divided into two boards, each consisting of three inspectors and two clerks; provided further, that two of said inspectors, one republican and one democrat, may be designated by the board of county commissioners as the election precinct foreman.
κ1953 Statutes of Nevada, Page 503 (CHAPTER 303, AB 199)κ
capable and discreet persons possessing the qualifications of electors (who shall not be of the same political party), to act as inspectors of election at each election precinct, and two clerks of election, who shall have charge of the ballots on election day and shall furnish them to the voters in the manner hereinafter provided for; provided, that in all precincts where two hundred (200) or more voters are registered, it shall be the duty of said boards of county commissioners to appoint six inspectors and four clerks of election, each possessing the above qualifications, said inspectors and clerks to be divided into two boards, each consisting of three inspectors and two clerks; provided further, that two of said inspectors, one republican and one democrat, may be designated by the board of county commissioners as the election precinct foreman. One of the said boards shall be designated as the voting board and the other as the counting board. The voting board shall serve from the opening to the closing of the polls, at which time the voting board shall deliver to the counting board the ballot box, containing the ballots, and all other books and supplies in their possession, whereupon the counting board shall proceed to count the ballots and perform the other duties required of election boards. The members of each board acting hereunder shall receive compensation for one shift, or day. The election precinct foreman of each election precinct shall serve on both the voting board and the counting board, and they shall receive compensation for two shifts and in addition shall receive the sum of five dollars. It shall be the duty of the county clerk and the county commissioners, when election precinct foremen have been designated as herein provided, to conduct a school for election precinct foremen at least five (5) days prior to any primary, general, special or any election to which the general law is applicable, for the purpose of acquainting such election precinct foremen with the duties of the election board and the election laws, which the foremen shall, in turn, impart to their respective election boards.
At the same time and in the same manner the clerk of said board shall furnish to each of said inspectors and clerks of election one copy of the election laws for their special use.
It shall be the further duty of the board of county commissioners to cause their clerks to furnish the sheriff with poll books and other supplies required to be provided by said board of inspectors and clerks of election, and the clerk shall at the same time deliver to the sheriff the ballot boxes, and keys, the official ballots, and printed instructions. The sheriff shall thereafter deliver said election supplies by registered or insured mail, express or otherwise, to one of the inspectors of every election precinct in the county, at least one day before the time of holding any election.
Fifth. The board of county commissioners of all of the counties in this state are hereby given the power and authority to designate any building or buildings, public or otherwise, or any portion of said building or buildings, as the site or sites for any polling place or any number of polling places for any or all of the precincts in any election district within said county, when in the opinion of said board either the convenience and comfort of the voters and election officials will be best served by putting one or more polling places in any such building or buildings, or any portion thereof, or when in the opinion of said board the expense to the county for polling places can be minimized by putting one or more polling places in any such building or buildings, or any portion thereof.
κ1953 Statutes of Nevada, Page 504 (CHAPTER 303, AB 199)κ
or buildings, or any portion thereof, or when in the opinion of said board the expense to the county for polling places can be minimized by putting one or more polling places in any such building or buildings, or any portion thereof. This provision shall apply to all primary, general, and special elections.
Sec. 2. Section 28 of the above-entitled act, being section 2465, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 28. If the returns of the election of any county in the state shall not be received at the office of the secretary of state five days before the first Wednesday of December succeeding such election the said secretary may forthwith send a messenger to the clerk of the board of county commissioners of such county, whose duty it shall be to furnish said messenger with a copy of such returns, and the said messenger shall be paid out of the treasury of such county the sum of twenty cents for each mile he shall necessarily travel in going to and returning from said county. Whenever it shall be necessary in the opinion of the board of county commissioners to employ a messenger to convey the returns to the seat of government and deliver them to the secretary of state, the person performing such service shall also be entitled to receive, as compensation, mileage at the rate of twenty cents per mile, computing the distance from the county seat to the seat of government by the usual traveled route.
Sec. 3. Section 38 of the above-entitled act, being section 1 of chapter 94, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 38. The county clerk shall provide for each election precinct in the county one hundred ten ballots for each one hundred voters registered therein. That members of our armed forces of the United States and other qualified voters stationed in distant lands who make application for absent voters ballots may receive and return such absent voters ballots in time to be voted at any primary or regular November election, it shall be the duty of county clerks to order the paper to be used for the official primary and regular November election ballots immediately after the closing of the regular primary election registration, and shall provide for each election precinct in the county for use in the primary election not more than one hundred ten ballots for each one hundred voters so registered, and not more than one hundred ten ballots for use in the general November election for each one hundred voters registered as aforesaid for such primary election.
Ballots for any regular November election shall be printed and mailed to applicants for absent voters ballots immediately upon the certification by the secretary of state to the county clerks of the results of such primary election.
Sec. 4. Section 41 of the above-entitled act, being section 2479, N.C.L. 1929, is hereby amended to read as follows:
Section 41. Any person desiring to vote shall be identified at the polls as provided by law. One ballot shall then be given to the voter, and the number of the said ballot shall be written by one of the clerks of election upon the registry list opposite the name of the voter receiving it.
κ1953 Statutes of Nevada, Page 505 (CHAPTER 303, AB 199)κ
Sec. 5. Section 47 of the above-entitled act, being section 2485, N.C.L. 1929, is hereby amended to read as follows:
Section 47. The county clerk shall cause to be printed on plain white paper, without water-mark or endorsement, except the words Sample Ballot, at least one-half as many copies of the form of ballot provided for use in each precinct as there shall be registered voters in any election precinct, and may furnish same to the board of election of each precinct, or to any elector calling in his office, or to both at his discretion. Said county clerk shall also cause to be printed in plain type on cards, instructions for the guidance of voters for obtaining and marking their ballots. He shall furnish twelve such cards to the boards of election of each election precinct in the county at the time and in the manner that ballots and sample ballots are furnished. The board of election shall post at least one of such cards in each booth provided for the preparation of ballots, and not less than three of such cards at other public places in and about the polling-places on the day of election.
Sec. 6. Section 49 of the above-entitled act, being section 1 of chapter 265, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 49. The county clerks of the several counties of this state shall supervise the printing of the ballots, and such ballots shall be printed at some newspaper or printing office in the county where the ballots are to be voted, and in case there is no newspaper or printing office in the county in which the work can be done, then said clerk is hereby authorized, empowered, and directed to have said printing done in any newspaper or printing office in the state; provided, that the cost of printing said ballots shall not exceed the sum of sixty dollars per thousand or fraction thereof for the first two thousand ballots printed and forty dollars for each additional thousand printed; and provided further, the county clerk may submit such printing for competitive bidding.
Sec. 7. Section 101 of the above-entitled act, being section 2539, N.C.L. 1929, is hereby repealed.
________
Senate Bill No. 157Committee on Judiciary.
CHAPTER 304
AN ACT to amend an act entitled, An act concerning the estates of deceased persons, approved March 26, 1941.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 123 of the above-entitled act, being section 9882.123, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 123. Within fifteen days after the time for filing claims has expired, as hereinbefore provided, the executor or administrator shall examine all claims filed and shall either endorse on each claim his allowance or rejection, with the day and the year thereof, or shall file a notice of allowance or rejection with the date and year thereof, and such notice of allowance or rejection shall be attached to the claim allowed or rejected, and within five days after the fifteen days in this section first specified the executor or administrator shall present all claims allowed by him to the district judge for his approval or rejection.
κ1953 Statutes of Nevada, Page 506 (CHAPTER 304, SB 157)κ
has expired, as hereinbefore provided, the executor or administrator shall examine all claims filed and shall either endorse on each claim his allowance or rejection, with the day and the year thereof, or shall file a notice of allowance or rejection with the date and year thereof, and such notice of allowance or rejection shall be attached to the claim allowed or rejected, and within five days after the fifteen days in this section first specified the executor or administrator shall present all claims allowed by him to the district judge for his approval or rejection. If an executor or administrator shall refuse or neglect to endorse on a claim his allowance or rejection within fifteen days, as above specified, or shall not file a notice of allowance or rejection, the claim shall be deemed rejected, but the executor or administrator may, nevertheless, allow said claim at any time before the filing of the final account. All claims, when approved by the judge, shall be ranked among the acknowledged debts of the estate, to be paid in due course of administration. If the claim be founded upon a bond, bill, note or other instrument, the original instrument need not be filed, but a copy, with all endorsements, may be attached to the statement of the claim and filed therewith, and if the claim be secured by mortgage, deed of trust, or other evidence of lien, it shall, or a certified copy from a record, be attached to the claim and filed therewith.
Sec. 2. Section 217 of the above-entitled act, being section 9882.217, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 217. In rendering his account, the executor or administrator shall produce vouchers for all payments he may have made, which vouchers shall be filed and remain in court, and he may be examined on oath touching such payments, and also touching any property and effects of the deceased, and the disposition thereof. When any such voucher shall be required for other purposes, it may be withdrawn on leaving a certified copy on file. Where the account is accompanied by a report of an accountant or an accountant, upon the hearing of any account, testifies that all expenditures of $20 or more made by the executor or administrator during the accounting period are supported by vouchers, then it shall not be necessary to produce or file the vouchers in court, provided, however, that such accountant has been appointed, or is approved, by the court for such purpose. If any vouchers be lost, or for other good reason cannot be produced on settlement of an account, the payment may be proved by the oath of one competent witness. If it is proven that vouchers for any disbursements have been lost or destroyed, that it is impossible to obtain duplicates, and that the items were paid in good faith and were legal charges against the estate, the executor or administrator shall be allowed such items. He may be allowed any item of expenditure not exceeding twenty dollars, for which no voucher is produced, if it is supported by his uncontradicted oath positive to the fact of payment, specifying when, where, and to whom it was made; but the total amount of such allowances in all his accounts must not exceed five hundred dollars.
Sec. 3. This act shall be effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 507κ
Assembly Bill No. 392Elko County Delegation.
CHAPTER 305
AN ACT to amend an act entitled, An act fixing the compensation of the county officers of Elko county, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith, approved March 26, 1949.
[Approved March 28, 1953]
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, as amended by chapter 180, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 2. The district attorney of Elko county, Nevada, shall receive a salary of $4,800 per annum for all his services as such officer; in case of emergency he may, with the unanimous consent of the board of county commissioners, employ one deputy who may receive a salary in amount to be fixed by the board of county commissioners not to exceed three thousand six hundred dollars ($3,600) per annum; the district attorney of Elko county is hereby authorized and empowered to employ one person to act as his secretary, who may receive as salary an amount to be fixed by the board of county commissioners not to exceed three thousand dollars ($3,000) per annum; the district attorney and his deputy shall be allowed only their actual expenses while attending to official business of the county or state; provided, that no claim for expenses, any part of which pertains to any private matter, or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Elko county or any governmental agency.
Sec. 2. Section 3 of the above-entitled act, as amended by chapter 180, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 3. The sheriff of Elko county shall receive the sum of $5,400 per annum; he shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature; provided further, that when it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties; he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties. He shall present to the board of county commissioners a bill of items of such necessary expenses actually paid which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed. The sheriff of Elko county is hereby authorized and empowered to employ one undersheriff who may receive a salary in an amount to be fixed by the county commissioners, not to exceed four thousand two hundred dollars ($4,200) per annum; one jailer who may receive a salary to be fixed by the board of county commissioners of not more than three thousand three hundred ($3,300) per annum; and one office deputy who may receive a salary to be fixed by the board of county commissioners in an amount not to exceed three thousand six hundred dollars ($3,600) per annum; provided that in cases of emergency and when the board of county commissioners deems it necessary, the sheriff may, with the consent and approval of said board, appoint one or more deputies, and such deputy or deputies to serve only as long as said emergency may continue, and shall be paid at the rate of ten dollars per day, but not to exceed three hundred dollars ($300) per month, for services performed in any one month by any such deputy.
κ1953 Statutes of Nevada, Page 508 (CHAPTER 305, AB 392)κ
fixed by the board of county commissioners in an amount not to exceed three thousand six hundred dollars ($3,600) per annum; provided that in cases of emergency and when the board of county commissioners deems it necessary, the sheriff may, with the consent and approval of said board, appoint one or more deputies, and such deputy or deputies to serve only as long as said emergency may continue, and shall be paid at the rate of ten dollars per day, but not to exceed three hundred dollars ($300) per month, for services performed in any one month by any such deputy.
Sec. 3. Section 4 of the above-entitled act, as amended by chapter 180, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 4. The county clerk of the county of Elko, State of Nevada, and ex officio clerk of the district court of the fourth judicial district of the State of Nevada, in and for the county of Elko shall receive as salary the sum of $4,800 per annum; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county clerk may appoint one deputy who shall receive a compensation in an amount to be fixed by the board of county commissioners not to exceed three thousand six hundred dollars ($3,600) per annum. The county clerk, or deputy, or whosoever shall be named by the county clerk to serve as secretary to the Elko county board of commissioners, may at the discretion of the board of county commissioners, receive the sum of $25 per month as and for compensation for such services, which sum shall be in addition to other compensation paid to said clerk, deputy or other person serving in such capacity.
Sec. 4. Section 5 of the above-entitled act, as amended by chapter 180, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 5. The county recorder in and for the county of Elko, State of Nevada, and ex officio auditor, shall receive the sum of $4,800 per annum as compensation for all his services as such officer; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county recorder may appoint one deputy, who shall receive a compensation in an amount to be fixed by the board of county commissioners not to exceed three thousand six hundred dollars ($3,600) per annum.
Sec. 5. Section 6 of the above-entitled act, as amended by chapter 180, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 6. The assessor of Elko county, Nevada, shall receive a salary of $5,200 per annum; he shall pay into the county treasury of said county each month all moneys collected by him as fees and taxes, without deduction of any nature; the county assessor may appoint one deputy who may receive a salary in an amount to be fixed by the board of county commissioners not to exceed three thousand six hundred dollars ($3,600) per annum; he may employ such other assistants, with the consent of the board of county commissioners, as may be necessary; provided, however, the total compensation for the services and actual traveling expenses of all such other assistants shall not exceed four thousand dollars ($4,000) per annum. The salaries and commissions authorized in this section shall be in full compensation for all services whatsoever required of and performed by the assessors office.
κ1953 Statutes of Nevada, Page 509 (CHAPTER 305, AB 392)κ
Sec. 6. Section 7 of the above-entitled act as amended by chapter 180, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 7. The county treasurer and ex officio tax receiver of Elko county, Nevada, shall receive the sum of $4,800 per annum which shall be in full compensation for all services rendered by said treasurer. He shall pay into the county treasury each month all moneys collected by him as fees, without deductions of any nature; the county treasurer may appoint one deputy who may receive a salary in an amount to be fixed by the county commissioners not to exceed three thousand six hundred dollars ($3,600) per annum.
Sec. 7. This act shall become effective on and after April 1, 1953.
________
Assembly Bill No. 181Miss Frazier.
CHAPTER 306
AN ACT to amend an act entitled, An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 34 of the above-entitled act, as last amended by chapter 150, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 34. New School Districts-Creation of From Unorganized Territory-Annexation of Unorganized Territory to an Organized School District. The board of county commissioners of each of the several counties of the state is hereby authorized and empowered to create new school districts from unorganized territory when there shall have been presented to it from the parents or guardians of five (5) or more resident children, a certified petition, duly approved by the deputy superintendent of public instruction of the educational supervision district in which such unorganized territory is located, which petition shall contain the names and ages of all children then residing within such unorganized territory and which shall accurately describe the boundaries of the proposed district such boundaries to conform, when practicable, with the lines of the government surveys.
The board of county commissioners of each of the several counties of the state is hereby authorized and empowered to annex unorganized territory to a regularly organized school district when there shall have been presented to it from the parents or guardians of three (3) or more resident children, a certified petition, duly approved by the deputy superintendent of public instruction of the educational supervision district in which such unorganized territory is located, which petition shall contain the names and ages of all children then residing within such unorganized territory and which shall accurately describe the boundaries of the area to be annexed, such boundaries to conform, when practicable, with the lines of the government surveys; provided, that any unorganized territory annexed to an existing school district under the provisions of this section shall not increase the area or size of the existing school district beyond the limits established for school districts as set forth in section 37 of this act.
κ1953 Statutes of Nevada, Page 510 (CHAPTER 306, AB 181)κ
when practicable, with the lines of the government surveys; provided, that any unorganized territory annexed to an existing school district under the provisions of this section shall not increase the area or size of the existing school district beyond the limits established for school districts as set forth in section 37 of this act.
Sec. 2. Section 36 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 36. New School Districts-Opening of School-Limitation. Whenever a new school district is organized, school shall be commenced therein within one hundred twenty (120) days from the date of action of the board of county commissioners creating such school district, and if school is not so commenced within the said district, then the action creating such district shall be void, and no such school district shall exist.
A contract with another school district for reasonable tuition and transportation costs of the pupils in the newly organized school district shall be construed as a commencement of school in the newly organized school district.
Sec. 3. Section 50 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 50. District Abolished, When. Whenever any school district has fewer than three (3) resident children in average daily attendance, and the deputy superintendent of public instruction for that educational supervision district so notifies the board of county commissioners of the county wherein such school district is located, the said board of county commissioners, upon the recommendation of such deputy superintendent of public instruction, shall abolish such school district; except that where there are at least two (2) resident children in actual school attendance, and there are at that time sufficient funds to the credit of the district, or in its treasury, to meet the actual expense of the continuation of the school, the district may be continued and the school maintained for the then current school year.
Sec. 4. Section 132 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 132. If Tax Not Sufficient, County Commissioners to Supply Funds-County Aid to District High School Fund Created-Method of Apportionment of County Aid to District High School Fund. In counties not having a regularly established county high school, if the special district tax levy of not less than twenty-five (25’) cents, referred to in subparagraph 3 of section 131 hereof, together with any funds derived from state and county apportionments and any other source, are insufficient for the support of the schools of a district having a district high school, it shall be the duty of the board of county commissioners to include in its annual tax levy the amount estimated as required to be needed for county aid for each district high school by the boards of trustees of the various district high schools in that county who have complied with the conditions set forth in subparagraphs 1, 2, 3, and 4 of section 131 of this school code, and such amounts when collected and paid into the county treasury shall be known as the County Aid to District High School Fund; provided, that not to exceed one hundred ($100) dollars per high school student, as shown in the petition for the newly established district high school, or in average daily attendance for the school year ending June 30 of the calendar year immediately preceding the calendar year for which the county aid to district high school is requested, as the case may be, be provided by the county commissioners in the county levy for any district high school of a district which has provided in its budget for a total special district tax of twenty-five cents (25’) on the one hundred ($100) dollars of property valuation of the district for the support of the schools of said school district for the calendar year for which such county aid to the district high schools is requested; provided further, that not to exceed four ($4) dollars additional per each such high school student for each cent of the special district tax over and above twenty-five (25’) cents may be provided by the county commissioners in the county levy for any such district high school.
κ1953 Statutes of Nevada, Page 511 (CHAPTER 306, AB 181)κ
the petition for the newly established district high school, or in average daily attendance for the school year ending June 30 of the calendar year immediately preceding the calendar year for which the county aid to district high school is requested, as the case may be, be provided by the county commissioners in the county levy for any district high school of a district which has provided in its budget for a total special district tax of twenty-five cents (25’) on the one hundred ($100) dollars of property valuation of the district for the support of the schools of said school district for the calendar year for which such county aid to the district high schools is requested; provided further, that not to exceed four ($4) dollars additional per each such high school student for each cent of the special district tax over and above twenty-five (25’) cents may be provided by the county commissioners in the county levy for any such district high school. The county aid for each district high school shall be segregated in this fund and may be drawn therefrom for the purpose of defraying the expenses of the district high school concerned, in the manner provided by law for drawing money from the county treasury by school trustees. It is hereby provided that the money so provided for each district high school shall be used for high school purposes and no other purpose. The state superintendent of public instruction shall apportion the county aid to district high schools to the various district high schools of the county in the following manner: In January, March, July, and September of each year he shall apportion to each district high school its proportionate share of the total amount reported by the county treasurer in his quarterly report; provided, that in no event shall the total amount apportioned in any calendar year exceed the amount requested by the board of school trustees of the district high school for that calendar year; and provided further, that in the event the district high school has requested an amount in excess of that to which it is entitled under section 132 of this chapter, only that amount to which it is entitled shall be apportioned.
Any balance remaining in the County Aid to District High School Fund at the end of a calendar year after each district high school has received the amount requested for said calendar year, shall remain in and become part of such County Aid to District High School Fund for apportionment therefrom in the next calendar year; provided, each district high school in such county shall have received the requested amount of said fund in the calendar year for which it was so requested.
Whenever resident students of high school grade of a county outside an established district or county high school territory cannot be served by a district or county high school in the county, the board of county commissioners upon recommendation of the deputy superintendent of public instruction in that educational supervision district may contract with a nearby high school in another county or district of another state to educate the aforesaid students at reasonable costs per student tuition, the total amount per year of which may be charged to the County Aid to District High School Fund of the county by the board of county commissioners.
Sec. 5. Section 152 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 512 (CHAPTER 306, AB 181)κ
Section 152. Duties of Superintendent of Public Instruction-Per Capita Cost To Be Transferred. Whenever it shall be made to appear to the state superintendent of public instruction, in the manner and subject to the conditions hereinafter provided for, that any regularly established four (4) year county or district high school is giving instruction to high school pupils from an adjoining county, he shall ascertain the amount of money raised by taxes for county or district high school purposes in the elementary school district in which such high school pupils have a legal residence, as well as the total number of high school pupils having a legal residence in such elementary school district and who attend some regularly established high school in this state. The state superintendent of public instruction shall then divide the amount of money raised in such elementary school district for county or district high school purposes by the total number of high school pupils in regular high school attendance and who have a legal residence in such elementary school district and he shall multiply this result by the total number in average daily attendance of high school pupils attending the high school in the adjoining county, and this amount he shall order the county treasurer of the county in which such elementary school district is situated to transfer to the school fund of the high school, giving instructions as aforesaid, subject, however, to the following conditions:
1. That the amount of money which the superintendent of public instruction shall order transferred for each of such high school pupils shall not exceed the per capita cost of the high school which they attend, and shall not exceed the average per capita cost of the high schools of the county where they reside; and, should the amount transferred be less than the average per capita cost paid from the high school fund of the county in which the pupils reside, he shall transfer enough more from this countys high school funds to make the amount transferred equal to such average per capita cost in such county.
2. That no such money be transferred if there is a nearer and more convenient county or district high school in the county in which such high school pupils have a legal residence.
3. That in the apportionment purposes of state and county funds the attendance of such transfer pupils shall be credited to the district high school or county high school in which the pupils reside.
Sec. 6. Section 163 1/2 of the above-entitled act, as added by chapter 207 of the 1951 Statutes of Nevada, is hereby amended to read as follows:
Section 163 1/2. In any county in this state wherein there is situate unorganized school district territory and it is determined by the deputy state superintendent of schools of that county that it is impracticable and uneconomical to establish a school district or districts in such unorganized territory, and that there are children of school age residing therein entitled to receive the educational facilities of the nearest school, whether it be in the same county or an adjoining county or an adjoining state, the deputy superintendent may certify such facts to the board of county commissioners of the county containing such unorganized territory and therein petition such board to include in its county budget sufficient funds to pay the costs of transportation of such children to the nearest accessible school, and such tuition fees as will reimburse the school district wherein the students are attending for its per pupil costs based on its own per pupil cost.
κ1953 Statutes of Nevada, Page 513 (CHAPTER 306, AB 181)κ
county budget sufficient funds to pay the costs of transportation of such children to the nearest accessible school, and such tuition fees as will reimburse the school district wherein the students are attending for its per pupil costs based on its own per pupil cost.
The board of county commissioners to whom such petition is presented may budget such funds and authorize such transportation costs and fees as may be necessary to carry out the purposes of this section.
Sec. 7. Section 181 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 181. County School Fund Apportionment-Apportioned to District School Fund-Minimum Salary of Certificated Employees-Duties of County Treasurer and Auditor-Duties of County Commissioners-Reversions-Report of Apportionment to Certain Officers.
1. The superintendent of public instruction shall apportion the county school fund belonging to each county among its several districts as follows:
(a) Teacher Basis. He shall apportion to each school district in the several counties of this state three hundred twelve dollars and fifty cents ($312.50) semiannually as such money is available from the county school fund for that county for each teacher to which said district is entitled on the basis provided in section 179, paragraph 1 of this act; provided, that failure on the part of the board of trustees of any school district to pay a minimum annual salary of two thousand four hundred ($2,400) dollars to every full-time school employee who is required to hold a Nevada teachers certificate, shall result in the forfeiture of all of the next semiannual apportionment to which such district may be entitled under the provisions of this chapter.
(b) Pupil Basis. He shall further apportion to each district one ($1) dollar for each pupil in average daily attendance as shown by the attendance reports for the last preceding school year.
(c) Balance of County School Fund-How Apportioned. He shall apportion among the school districts in each county the balance remaining in the county school fund of that county on a per capita basis in proportion to the number of pupils in average daily attendance as shown by the last preceding annual school report on file in the office of the superintendent of public instruction.
(d) Joint School District-Apportionment on Same Basis. He shall apportion the amounts of money due any joint school district formed of parts of two (2) or more counties in such manner that the counties affected and the state shall each contribute the regular amounts per pupil in average daily attendance as specified in this school code; and the money due such district on the teacher basis shall be apportioned in proportion to the number of pupils in average daily attendance residing in that part of said joint district lying within each of the respective counties.
(e) District School Fund Defined-Use of. The moneys apportioned to each school district under the provisions of this school code, together with any moneys raised by special district school tax for school maintenance or derived from any other source, shall be known as the district school fund of such school district, and may be used to purchase sites, build or rent schoolhouses, purchase libraries, pay salaries or contingent expenses, the transportation of pupils to and from school and elsewhere in connection with school activities as provided for in chapter 24 of this school code, and for such other purposes as are authorized by this school code.
κ1953 Statutes of Nevada, Page 514 (CHAPTER 306, AB 181)κ
build or rent schoolhouses, purchase libraries, pay salaries or contingent expenses, the transportation of pupils to and from school and elsewhere in connection with school activities as provided for in chapter 24 of this school code, and for such other purposes as are authorized by this school code. If such expenditures do not curtail the established school program or make it necessary to shorten the school term, said school board may expend school funds for the establishment and maintenance of school lunch projects for pupils; and each pupil so furnished such lunch whose parent or guardian is financially able so to do shall pay at least the actual cost of such lunch.
(f) Separate Accounts for Each School District-County Treasurer and County Auditor to Keep in Their Books. The county treasurer and the county auditor of each county shall keep a separate account of said moneys as a single fund for each school district within their respective counties.
2. County School Tax Levy-Amount-Board of County Commissioners to Levy. It shall be the duty of the board of county commissioners of each county not later than the April meeting thereof each year, at the time of levying their county taxes, after considering the needs of the several school districts within its county as shown by the school budgets submitted as required by law, to levy a county school tax sufficient to provided six hundred twenty-five ($625) dollars per apportionment teacher and not less than two ($2) dollars per pupil in average daily attendance, subject, however, to the provisions of paragraph 3 in section 180 of this school code.
3. Special District School Tax-When. Whenever, in the judgment of the school board of any school district, the school moneys regularly provided for such district for the coming school year will not be sufficient to maintain its school properly and for a sufficient number of months, said board shall have the power to direct that a tax of not more than twenty-five cents (25’) on each one hundred ($100) dollars of the assessed valuation of all taxable property in such district shall be levied, and, upon notification by the clerk of such school board of such district that such action has been taken, the board of county commissioners of the county within which such district shall be located shall levy and cause to be collected such tax upon all the taxable property in such district.
4. Reversion of Remainder. On the 30th day of June and the 31st day of December, respectively, of each year, any money remaining in the state school reserve fund shall revert to the state distributive school fund.
5. Notice of Apportionment by Superintendent of Public Instruction. The superintendent of public instruction shall, by means of a written report, notify the county treasurer and the county auditor of each county of such apportionment in detail.
6. School Insurance Fund Set Aside. The county treasurer of each county shall, semiannually, and before notifying the superintendent of public instruction of the amount of the county school fund to be apportioned, set aside from the county school fund an amount equal to one-half (1/2) of one (1%) percent of all salaries paid to all employees of each and every school district of his county or an amount sufficient to cover the industrial insurance of such employees salaries during the immediately preceding six (6) months, and credit the same to the school insurance fund, the purpose of said school insurance being to cover industrial insurance.
κ1953 Statutes of Nevada, Page 515 (CHAPTER 306, AB 181)κ
sufficient to cover the industrial insurance of such employees salaries during the immediately preceding six (6) months, and credit the same to the school insurance fund, the purpose of said school insurance being to cover industrial insurance. This premium shall be sufficient to cover the industrial insurance of such school employees for any and all actions of such employees while at work.
(a) The amount certified to the superintendent of public instruction for apportionment shall not include the school insurance fund so set aside.
(b) The county auditor shall semiannually, during the months of January and July, draw his warrant in favor of the Nevada industrial commission for an amount equal to the premium required to pay the above-mentioned industrial insurance of school employees, to be paid out of the insurance fund.
7. Newly established school districts which have not been in operation for one (1) year and therefore have had no average daily attendance during the preceding school year shall be allowed funds from the county school fund at the time of the regular quarterly apportionment on the basis of the number of resident pupils of school age listed on the verified petition filed by their parents with the county commissioners for the establishment of the district.
Sec. 8. Section 182 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 182. County Auditor to Make Report-Duties of Superintendent of Public Instruction on Receipt of That Report-His Approval-County School Reversion Fund for New or Weak School Districts-Proviso-School Trustees to Certify Need of New School Building or Repairs. On or before the 10th day of July of each year the county auditor of each county shall report to the superintendent of public instruction the amount of all moneys then in the district school fund of each school district in his county.
The superintendent of public instruction shall, upon receipt of such report, deduct from the amount of such money to the credit of each of the school districts in that county all amounts of money over and above five hundred ($500) dollars for each apportionment teacher assigned to said school district. The amounts so deducted shall be placed to the credit of a fund to be known as the county school reversion fund; and the moneys in said fund shall be used only for the aid of new or financially weak school districts of such county. The moneys of said fund shall be transferred to such school district needing aid by the county commissioners in the manner provided by law; provided, that this may be done only by approval of the deputy superintendent of public instruction of that educational supervision district. All moneys in said county reversion fund in excess of five hundred ($500) dollars in counties with less than fifty (50) apportionment teachers or in excess of one thousand ($1,000) dollars in counties with more than fifty (50) apportionment teachers on June 10 of each year shall be placed to the credit of the unapportioned county school fund of that county. When the county reversion fund falls below the five hundred ($500) dollars and one thousand ($1,000) dollars respectively in such counties on June 1 of each year the county treasurer shall transfer sufficient funds from the county general fund to maintain the balances of five hundred ($500) dollars and one thousand ($1,000) dollars respectively in such fund.
κ1953 Statutes of Nevada, Page 516 (CHAPTER 306, AB 181)κ
transfer sufficient funds from the county general fund to maintain the balances of five hundred ($500) dollars and one thousand ($1,000) dollars respectively in such fund.
Exception. If the trustees of any school district shall certify to the superintendent of public instruction that a new school building, or repairs on an old school building, are necessary to the school district, and that the trustees have been authorized by a vote of that district, if a vote is required by law, to build such new school building or to make such needed repairs, or that the balance in the funds of that district is necessary for the maintenance of school in that district, and that the board of trustees has estimated that the cost of such school building, needed repairs, or school maintenance, will be ......................................($...................) dollars, the superintendent of public instruction shall make whatever investigation he may deem best, and if he shall become satisfied that such new school building or repairs are necessary to the district or that the balance of the funds in the district is necessary for the maintenance of school in that district, and that the amount estimated to be spent for such new building, repairs, or maintenance of school is a reasonable amount to be set aside for the purposes above mentioned, he shall not make the deductions above provided for in this section, but he shall make only such deductions as will leave the funds in the district in an amount equal to the estimated amount to be spent for such buildings, repairs, or maintenance of school, together with five hundred ($500) dollars for each apportionment teacher assigned to that school district.
Sec. 9. Section 203 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 203. Eligibility for Assistance. Any rural school district in order to be eligible for assistance and participation in the fund herein established shall:
1. Have levied for the then current school year a district tax of at least twenty-five (25’) cents on each one hundred ($100) dollars of assessed valuation of all taxable property within the school district, or a county has levied a county elementary tax of fifty-five (55’) cents on each one hundred ($100) dollars of assessed valuation of all taxable property in the county;
2. Maintain such school, for which participation is requested, for a period of nine (9) months during the then current school year;
3. On or before the 15th day of March of each year, file with the superintendent of public instruction a request for aid, which request shall be accompanied by a true copy of its budget for the then current school year and by a statement from the county assessor showing the assessed valuation of all the taxable property of that school district and the school district tax levy for the then current school year.
Sec. 10. Section 238 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 238. Budgets for Schools. It shall be the duty of the governing board of every school district, county high school, or district high school or other educational area in this state, between the first Monday of January and the first Monday of March of each year to prepare a budget of the amount of money estimated to be necessary to pay the expenses of conducting the public school business of such school district, county high school, or district high school or other educational district for the then current year and separately stated for the next following year.
κ1953 Statutes of Nevada, Page 517 (CHAPTER 306, AB 181)κ
pay the expenses of conducting the public school business of such school district, county high school, or district high school or other educational district for the then current year and separately stated for the next following year. Such budget shall be prepared in such detail as to the aggregate sums and the items thereof as shall be prescribed by the Nevada tax commission.
Detail of School District Budget. The budget of any school district, county high school or district high school or other educational area shall in any event show the following detail:
1. The estimated aggregate assessments upon which the tax rate is based.
2. The last available valuation of real and personal property within the district.
3. The unencumbered cash balance at the beginning of the then current year.
4. The estimated receipts for the then current year.
5. The estimated receipts for the next following year.
6. The estimated expenditures for the then current year.
7. The estimated expenditures for the next following year.
8. The amount required for the next following year from taxation and the tax rate necessary to produce it.
Procedure Upon Completion of Budget. Upon the preparation and completion of said budget, it shall be signed by the governing board of such school district, county high school, or district high school, or educational district, and the several sums set forth in said budget under estimated expenditures for the then current year shall be thereby appropriated for the several purposes therein named for the said then current year, and the sums set forth in said budget for the next following year shall be subject to revision upon the preparation and completion of the next succeeding budget required under this school code. In the school district, county high school or district high school or other educational area it shall be filed with the auditor and recorder of the county wherein such school district, high school, or district high school or other educational area is situated, and the estimated receipts and expenditures for the then current year; and the aggregate valuation and tax rates as shown by said budget shall then be published once, at least fifteen (15) days prior to the date when such budget shall become effective in the official newspaper of the city, town, municipality, or county, if there be one, or, if there be no official newspaper, then in a newspaper to be designated by the governing board of such city, town or municipality, or by the governing board of the county wherein such school district, county high school, or high school district or other educational area is situated; provided, that when the estimated receipts and expenditures of a county high school are included in the budget of the county wherein such high school is situated, no publication of such receipts and expenditures shall be required except as provided in section 3012, N.C.L. 1929, as amended; provided further, that whenever the budget filed by a board of school trustees shows that the estimated receipts from the semiannual school apportionments, without any special district tax upon the property of the school district, will be sufficient to provide the funds necessary to maintain properly the work in said school district for the current year and for the next following year, as required by law, the publication of the budget of such school district shall not be required.
κ1953 Statutes of Nevada, Page 518 (CHAPTER 306, AB 181)κ
maintain properly the work in said school district for the current year and for the next following year, as required by law, the publication of the budget of such school district shall not be required. The budget must be checked and approved by the deputy superintendent of public instruction of the educational supervision district involved, and the deputy superintendent will then distribute one copy each to the following: clerk of the respective school district; auditor of the respective county; the Nevada tax commission; and the superintendent of public instruction.
Sec. 11. Section 308 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 308. Meetings. The state board for vocational education shall hold at least four (4) meetings annually at the state capitol, and at such other times as may be designated by the state executive officer of the board or upon the request in writing of a majority of the members of the board.
Sec. 12. This act shall be effective upon passage and approval.
________
Senate Bill No. 153Senator Whitacre.
CHAPTER 307
AN ACT to amend an act entitled, 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, approve March 23, 1951.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 11 of the above-entitled act, being chapter 320, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 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.
1. 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.
κ1953 Statutes of Nevada, Page 519 (CHAPTER 307, SB 153)κ
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.
2. The necessary expenses of returning to the State of Nevada a person arrested for violation of parole or probation shall be a charge upon the State of Nevada, and shall be paid by the parole and probation officer under the direction of the state board of pardon and parole commissioners, in the same manner as that in which other claims against the state are paid, from any funds appropriated and set aside for that purpose.
________
Assembly Bill No. 15Messrs. Christensen (Washoe) and Covington.
CHAPTER 308
AN ACT providing for the conveyance of land to the city of Sparks and the construction of a fire house, defining duties of the city of Sparks, making an appropriation, and other matters relating thereto.
[Approved March 28, 1953]
Whereas, The city of Sparks has provided fire protection for many years to the Nevada state hospital; and
Whereas, Adequate and complete fire protection for the said hospital has been difficult to achieve due to the long distance and railroad crossings between the Sparks fire station and the hospital; and
Whereas, Both the said hospital and the city of Sparks would benefit from a mutually maintained and centrally located fire station; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Upon the passage and approval of this act the superintendent of the Nevada state hospital shall be authorized and directed to make, execute, and deliver a good and sufficient deed to the city of Sparks of the following described real estate situated in Washoe county, State of Nevada; being a portion of the NE 1/4 of the NE 1/4 of section 7, T. 19 N., R. 20 E., M. D. B. & M., 201.80 feet in length and 100 feet in width, lying within the lands of the Nevada state hospital and being more particularly described as follows, to wit:
Beginning at an intersection of the southerly boundary of Frazer Avenue extended west and the westerly boundary of the proposed 60-foot city street, which point of beginning is further described as bearing N.1°16′41″ E. a distance of 1699.53 feet from the east quarter corner of said section 7; thence N.82°17′30″W., along the southerly boundary of the parcel to be acquired, a distance of 100.00 feet to an intersection with the west boundary of said parcel; thence N.0°03′30″E.,
κ1953 Statutes of Nevada, Page 520 (CHAPTER 308, AB 15)κ
intersection with the west boundary of said parcel; thence N.0°03′30″E., along said west boundary, a distance of 201.80 feet, to an intersection with the northerly boundary of said parcel; thence S.82°17′30″E., along said northerly boundary, a distance of 100.00 feet, to an intersection with the east boundary of said parcel, (west boundary of the proposed 60 foot city street); thence S.0°03′30″W., along said east boundary, a distance of 201.80 feet to the point of beginning; said parcel containing 0.459 of an acre, more or less.
Sec. 2. Upon the passage and approval of this act the superintendent of the Nevada state hospital shall be authorized and directed to make, execute, and deliver to the city of Sparks a good and sufficient deed to a right of way along and over land belonging to the State of Nevada, situated in Washoe county, State of Nevada; being a portion of the NE 1/4 of section 7, T.19N., R. 20E., M. D. B. & M., and being more particularly described as follows:
Beginning at an intersection of the east boundary of the NE 1/4 of said section 7 and the south boundary of block 42 of the original townsite of the city of Sparks extended westerly, said point of beginning further described as bearing N.0°09′20″W., a distance of 30.00 feet from the east quarter corner of said section 7; thence N.89°25′00″W., along the westerly extension of the southerly boundary of said block 42, a distance of 39.52 feet to an intersection with the westerly boundary of the proposed 60 foot city street; thence N.0°03′30″E., along the westerly boundary of said city street, a distance of 2092.49 feet to an intersection with the southerly right of way line of the Central Pacific Railway; thence S.82°17′30″E., along said railway right of way line, a distance of 32.01 feet to an intersection with the east boundary of said section 7; thence S.0°09′20″E., along the east boundary of said section 7, a distance of 2088.61 feet to the point of beginning; said parcel containing 1.710 acres, more or less.
Sec. 3. As soon as practicable after the conveyance of the parcel of land as provided in section 1 of this act, the city of Sparks shall construct a suitable firehouse on the said parcel, of good quality materials, containing space for three pieces of automotive equipment, watch room, recreation room, kitchen, bedroom, lavatory facilities, and heating facilities, and costing a sum not to exceed $29,500.
Sec. 4. As soon as practicable after completion of the said firehouse, the city of Sparks shall provide three pieces of automotive equipment to be regularly stationed at the firehouse, along with such other equipment as may be necessary and incidental to fire fighting operations. The city of Sparks shall provide sufficient funds to meet the expenses for the care, maintenance, and preservation of the firehouse, grounds, and all equipment from year to year. The ownership of the firehouse and all equipment shall be vested in the city of Sparks, and they shall be an integral part of the citys fire department.
Sec. 5. As soon as practicable after the completion of the said firehouse, the city of Sparks shall provide such fire officers and firemen as may be necessary to maintain an operating firehouse on a 24-hour basis, seven days per week.
Sec. 6. The city of Sparks is hereby charged with the duty of providing reasonable and adequate fire protection for the Nevada state hospital, property of the department of highways, and all other state property within the boundaries of the city of Sparks, and it shall do all things reasonable, necessary, and incidental to fire fighting operations on the aforesaid state properties.
κ1953 Statutes of Nevada, Page 521 (CHAPTER 308, AB 15)κ
hospital, property of the department of highways, and all other state property within the boundaries of the city of Sparks, and it shall do all things reasonable, necessary, and incidental to fire fighting operations on the aforesaid state properties.
Sec. 7. For the purpose of constructing a new firehouse in accordance with the provisions of this act, and for the purpose of purchasing a new fire engine for the city of Sparks which shall be stationed in the aforesaid firehouse, and for the purpose of paying the salaries of two firemen in accordance with the provisions of this act, there is hereby appropriated from the general fund of the State of Nevada to the city of Sparks the sum of $43,500, to be allocated as follows:
Firehouse....................................................................................... $29,500
Fire engine..................................................................................... 14,000
Sec. 8. The funds herein appropriated shall be paid out on claims as other claims against the state are paid. Claims shall be approved by the mayor and a majority of the members of the city council of the city of Sparks; provided, however, before the claims are approved by the mayor and city council they must first be approved by an inspector in accordance with the provisions of section 5 of that certain act entitled, An act creating a board to be known as the state planning board, defining its duties, powers, and jurisdiction, and making an appropriation for the expenses thereof, and other matters properly relating thereto, approved March 22, 1937.
Sec. 9. The funds herein appropriated shall be available for expenditure on and after July 1, 1953, and any unexpended balances of said funds shall revert to the general fund on December 31, 1954.
Sec. 10. If at any time after the effective date of this act the city of Sparks shall fail to use or maintain the land authorized to be conveyed by this act for the purposes expressed herein, or abandon the same, such lands and every parcel thereof shall revert to the State of Nevada.
Sec. 11. This act shall become effective immediately upon passage and approval.
________
Assembly Bill No. 249Messrs. Rudiak, Byrne, Embry, and Mount.
CHAPTER 309
AN ACT to amend an act entitled, An act to create a state contractors board; defining the powers and duties of said board; defining contractors and providing for the licensing of contractors; fixing the fees for such licenses; providing the method of suspension and cancellation of such licenses; prescribing a penalty for the violation of this act and other matters properly relating thereto, approved March 31, 1941.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of article IV of the above-entitled act, being section 1474.22, 1929 N.C.L. 1941 Supp., as last amended by chapter 184, Statutes of Nevada 1945, is hereby amended to read as follows:
Section 1. Under reasonable rules and regulations adopted by the board, the board may investigate, classify, and qualify applicants for contractors licenses by written or oral examination, or both, and is authorized to issue contractors licenses to qualified applicants.
κ1953 Statutes of Nevada, Page 522 (CHAPTER 309, AB 249)κ
board, the board may investigate, classify, and qualify applicants for contractors licenses by written or oral examination, or both, and is authorized to issue contractors licenses to qualified applicants.
Sec. 2. Section 1 of article VI of the above-entitled act, being section 1474.30, 1929 N.C.L. 1941 Supp., as last amended by chapter 43, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 1. The board in its discretion is authorized to fix application, examination and annual license fees to be paid by applicants and licensees under the terms of this act; provided, however, that the application and examination fee shall not exceed $15 and the annual license fee shall not exceed $15 per year.
Sec. 3. Section 1 of article VII of the above-entitled act, being section 1474.31, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 1. It shall be unlawful for any person, firm, copartnership, corporation, association, or other organization, or any combination of any thereof, to engage in the business or act in the capacity of a contractor within this state or to bid a job situated within this state without having a license therefor as herein provided, unless such person, firm, copartnership, corporation, association, or other organization, or any combination of any thereof is exempted as provided in this act.
Sec. 4. Section 3 of article VII of the above-entitled act as added by chapter 60, Statutes of Nevada 1943, is hereby amended to read as follows:
Section 3. No person, firm, copartnership, corporation, association, or other organization, or any combination of any thereof, engaged in the business of acting in the capacity of a contractor shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any act or contract for which a license is required by this act without alleging and proving that such person, firm, copartnership, corporation, association, or other organization, or any combination of any thereof, was a duly licensed contractor at all times during the performance of such act or contract and when the job was bid.
Sec. 5. This act shall be effective upon passage and approval.
________
Senate Bill No. 200Senator Johnson.
CHAPTER 310
AN ACT authorizing the superintendent of the state childrens home to sell certain land to Solomon Day; specifying the purchase price thereof; and other matters properly relating thereto.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The superintendent of the Nevada state childrens home is hereby authorized in the name of the State of Nevada to sell to Solomon Day at a price of $100 per acre the following described real property situate in the county of Ormsby, to wit:
κ1953 Statutes of Nevada, Page 523 (CHAPTER 310, SB 200)κ
Beginning at a point on the N.W. corner of the SW 1/4 SW 1/4 section 20, T. 15 N., R. 20 E., M.D.B.&M.; thence running easterly 300.00 feet along the northerly boundary of said SW 1/4 SW 1/4 section 20, T. 15 N., R. 20 E., M.D.B.&M.; thence running south 300.00 feet; thence running west 300 feet to the west line of said section 20; thence northerly 300.00 feet along the westerly line of said section 20 to the point of beginning, containing 2.07 acres, more or less, situate in Ormsby county, State of Nevada.
Sec. 2. The said superintendent shall issue his deed to the purchaser upon payment in full of the purchase price, and said deed shall contain no warranty of title or otherwise. The full amount of such purchase price shall be deposited by the said superintendent in the state treasury to the credit of the general fund.
Sec. 3. This act shall become effective on passage and approval.
________
Assembly Bill No. 428Committee on Labor.
CHAPTER 311
AN ACT to amend an act entitled, An act relating to the protection and health of employees and providing penalties for the violation of its provisions and other matters relating thereto, approved April 1, 1919.
[Approved March 28, 1953]
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 2806, N.C.L. 1929, is hereby amended to read as follows:
Section 6. It shall be the duty of the Nevada industrial commission and the commission shall have full power, jurisdiction and authority over all employments not within the jurisdiction of the department of the mining inspector, public service commission, or other board or commission charged with the enforcement of a specific safety code:
(1) To declare and prescribe what safety devices, safeguards or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by law or lawful order.
(2) To fix such reasonable standards and to prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, to be as nearly uniform as practical, as may be necessary to carry out all laws and lawful orders relative to the protection of the life and safety of employees in employments and places of employment.
(3) To fix and order such reasonable standards for the construction, repair and maintenance of places of employment as shall render them safe.
(4) To require the performance of any other act which the protection of the life and safety of employees in employments and places of employment may reasonably demand.
κ1953 Statutes of Nevada, Page 524 (CHAPTER 311, AB 428)κ
(5) The commission may, upon application of any employer, or other person affected thereby, grant such time as may reasonably be necessary for compliance with any order, and any person affected by such order may petition the commission for an extension of time, which the commission shall grant if it finds such an extension of time necessary.
(6) Whenever the commission shall learn or have reason to believe that any employment or place of employment is not safe or is injurious to the welfare of any employee, it may, of its own motion, or upon complaint, summarily investigate the same, with or without notice or hearings, and after a hearing upon such notice as it may prescribe, the commission may enter and serve such order as may be necessary relative thereto.
(7) To appoint advisers, and fix their compensation, who shall assist the commission in establishing standards of safety, and the commission may adopt and incorporate in its general orders such safety recommendations as it may receive from such advisers.
The labor commissioner shall at all times serve in an advisory capacity to the commission in the formulation of safety policies and standards. In addition, he shall act as inspector for the commission with full power and authority to carry out and enforce said policies and standards. The proprietor or operator of a place of employment or any employee believing himself unjustly aggrieved by any action or decision of the labor commissioner may appeal to the commission for review of such action or decision and shall be heard. Any person believing himself aggrieved by the ruling of the commission or by the failure of the commission to rule shall be entitled to a review of the order or failure to act by any court of competent jurisdiction.
________
Assembly Bill No. 427Committee on Livestock.
CHAPTER 312
AN ACT to amend an act entitled, An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 9950 to 10515, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section designated section 326.1, which shall immediately follow section 326 of said act, being section 10274, N.C.L. 1929, and which shall read as follows:
Section 326.1. It shall be unlawful for any person to place any lethal bait on the public domain:
1. Within three (3) miles of any place of habitation, whether occupied or vacant, or
2. At any other place unless the same be marked by a steel or wooden post extending not less than four (4) feet above the ground, having the uppermost eight (8) inches painted red, bearing a suitable sign advising of the presence of lethal bait, which post shall be installed in the immediate vicinity of the bait, which post and sign shall be maintained at all times during which the lethal bait is exposed, or
κ1953 Statutes of Nevada, Page 525 (CHAPTER 312, AB 427)κ
sign advising of the presence of lethal bait, which post shall be installed in the immediate vicinity of the bait, which post and sign shall be maintained at all times during which the lethal bait is exposed, or
3. At any place by distribution from an airplane except upon written permit first obtained from the woolgrowers predatory animal committee.
Any person violating any provision of this section shall be guilty of a misdemeanor.
Sec. 2. The above-entitled act, being section 9950 to 10515, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section, designated as section 326.2, which shall immediately follow section 326.1 and which shall read as follows:
Section 326.2. Every person other than the person who placed the bait, post or sign, who shall willfully remove any lethal bait, or post or sign advising of the presence of any lethal bait, shall be guilty of a misdemeanor.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 370Clark County Delegation.
CHAPTER 313
AN ACT to amend an act entitled, An act to incorporate the town of Las Vegas, in Clark county, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended, is hereby amended by adding thereto a new section, designated section 31.2 of chapter II, which shall immediately follow section 31.1 of chapter II, and which shall read as follows:
Section 31.2. Amendment of Charter. In addition to any other methods provided by law to amend the charter of the city of Las Vegas, amendments may be proposed by the unanimous vote of the board of commissioners, or by petition of ten percent of the qualified voters; and any such amendment, after public hearing shall be submitted to the qualified voters of the city at a regular or special election; provided, however, that notice of the public hearing of such proposed amendment shall be given once a week for three consecutive weeks in a newspaper published in the city. No such amendment may serve to enlarge the boundary of the city of Las Vegas unless on petition of the majority of freeholders in the area to be annexed. Any such amendment approved by a majority of the voters voting thereon shall become a part of the charter of the city at the time fixed in the amendment and shall be certified to by the city clerk and filed with the secretary of state, and published by him in the session laws of the next legislative session.
________
κ1953 Statutes of Nevada, Page 526κ
Assembly Bill No. 360Clark County Delegation.
CHAPTER 314
AN ACT to amend an act entitled, An act to incorporate the town of Las Vegas, in Clark county, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 31 of chapter II of the above-entitled act, as last amended by chapter 132, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 31. The board of commissioners shall have the power:
1. To make and pass all ordinances, resolutions, and orders, not repugnant to the constitution or statutes of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city, and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine in any sum not to exceed five hundred ($500) dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment, and in addition thereto the punishment may include any other penalty provided by statute for the same or similar offense against the statutes of the State of Nevada.
2. To control the finances and property of the corporation.
3. To appropriate the same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
5. Subject to the general laws of the state relating to the issuance of bonds by municipalities, to borrow money on the credit of the city for corporate purposes, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the board may secure the payment of any bonds of the city by making them preferred liens against the real or other property of the city; provided, that, except as otherwise provided in this act, said city shall not issue nor have outstanding at any time bonds to an amount in excess of 20 percent of the total valuation of the taxable property within its limits, as shown by the last preceding tax list or assessment roll, nor shall said city have issued or outstanding at any time warrants, certificates, scrip, or other evidence of indebtedness, excepting the bonded indebtedness, in excess of 2 percent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring supplies of water.
The said board shall provide for the payment of interest on such bonds as the same shall become due, and for a sinking fund for the payment of the principal.
κ1953 Statutes of Nevada, Page 527 (CHAPTER 314, AB 360)κ
bonds as the same shall become due, and for a sinking fund for the payment of the principal. Said bonds shall be of convenient denominations, shall mature serially in regular numerical order at annual intervals in substantially equal amounts of principal or substantially equal amounts of principal and interest, commencing not later than three years from the date of the bonds and ending not later than 25 years from said date, and shall bear interest at the rate of not more than 7 percent per annum, the interest on each bond to be payable semiannually. The board shall have the power to acquire or establish municipal water works, municipal power plants, municipal swimming pools, or any public utility, only in the manner herein provided.
The board shall issue a proclamation which shall set forth briefly the supply of water, municipal water works, the municipal power plant, municipal swimming pool, or other public utility proposed to be acquired or established, the estimated cost thereof as shown by the report provided by the board and mayor, or an engineer or party theretofore appointed by the board for that purpose, the proposed bonded indebtedness to be incurred therefor, the terms, amount, maximum rate of interest, and time within which redeemable, and on what fund. Such proclamation shall be published in full at least once a week for three consecutive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said board will pass an ordinance providing for the acquiring or establishment thereof and the issuance of the bonds therefor.
At the first regular meeting of the board, or any recess or adjournment thereof, after the completion of said publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to the vote of the electors of said city; provided, however, that if a petition shall be presented to said board signed by qualified electors of said city equal in number to at least 10 percent of the number of votes cast in said city for representative in congress at the last preceding general election, and as shown by the last preceding registration list, asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast.
Any ordinances thus passed providing for the acquiring or establishment of such municipal water works, municipal power plant, municipal swimming pools, or other public utility shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said board by a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said board at any time prior to the date of meeting set in said published notice; provided, however, that said board may submit such question to the vote of a special election if the board finds it convenient to do so; provided further, however, that even though no such petition be filed, or if at such election the question is carried by such majority vote, the said board may, in its discretion, abandon and discontinue all such proceedings to acquire or establish such municipal water works, municipal power plants, electrical or otherwise, municipal swimming pool, or other public utility upon adoption of a resolution to the effect that such board does not at such time deem it to the best interest of said city to acquire or establish such municipal water works, municipal power plant, electrical or otherwise, municipal swimming pool, or other public utility.
κ1953 Statutes of Nevada, Page 528 (CHAPTER 314, AB 360)κ
the said board may, in its discretion, abandon and discontinue all such proceedings to acquire or establish such municipal water works, municipal power plants, electrical or otherwise, municipal swimming pool, or other public utility upon adoption of a resolution to the effect that such board does not at such time deem it to the best interest of said city to acquire or establish such municipal water works, municipal power plant, electrical or otherwise, municipal swimming pool, or other public utility.
In addition to the powers elsewhere conferred upon said board they shall also have the power, for the purpose of constructing sewerage systems, storm drains and storm sewers, including disposal plants within the said city and waste mains therefrom, and said board is hereby authorized to issue bonds therefor, at one time or from time to time, which bonds shall be of convenient denominations, shall mature serially in regular numerical order at annual intervals in substantially equal amounts of principal or substantially equal amounts of principal and interest, commencing not later than three years from the date of the bonds and ending not later than 25 years from said date, and shall bear interest at the rate of not more than seven (7) percent per annum, the interest on each bond to be payable semiannually. Said bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed without injury to the bonds. The bonds shall be signed by the mayor and countersigned by the city clerk.
Before issuing said bonds, the said board shall publish a notice at least once a week for at least three consecutive weeks in some newspaper published in the said city calling for the submission of a question authorizing the issuance of such bonds to the regularly qualified electors of the city at a general or special election. Such notice shall state the amount of the proposed bond issue, that said bonds shall bear a rate of interest not to exceed 7 percent per annum, time and manner of their payment, and that they are for the construction of a sewerage system, storm drains, storm sewers and/or sewerage disposal plant as the case may be. The board shall cause a sufficient number of ballots to be printed which shall bear the words: Sewerage Bonds-Yes and Sewerage Bonds-No printed thereon in parallel lines one above the other. The voter will stamp a cross or X in the square after the word No if opposed to the bond issue, and after the word Yes if in favor of the issue. The election shall be conducted and the votes announced in all several particulars as in other elections.
If the majority of the votes cast are in favor of the issuance of the bonds, the said board of commissioners shall proceed at once to issue them as rapidly as needed in conformity with the provisions of this act.
Said bonds shall be sold at not less than their par value. The said board shall provide for the payment of said bonds and the interest thereon at the time of regular tax levy for state and county and city purposes by levying an additional tax upon the property, real and personal, within the limits of the city sufficient in their judgment to pay the interest upon said bonds semiannually as it becomes due, and the principal at such rate as will redeem all of the bonds.
κ1953 Statutes of Nevada, Page 529 (CHAPTER 314, AB 360)κ
the principal at such rate as will redeem all of the bonds. The said taxes shall be assessed and collected the same as other taxes paid to the county treasurer, and by him placed in a fund to be known as the Las Vegas sewerage fund. All sewerage systems constructed under the provisions of this act shall be constructed under the supervision and control of the said board. The material may be purchased and work caused to be done directly by the board or it may advertise for plans and specifications and bids for construction as they may see fit.
6. To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation of or refunding of the same.
7. To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.
8. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and to regulate the same by ordinance. All such licenses, fees, and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of licenses and the terms and manner of their issuance.
10. To fix, impose, and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions, and business, whatsoever, conducted in whole or in part within the city, including, but not limited to, all theaters, theatrical, or melodeon performances and performances of any, every, and all kinds for which an admission fee is charged; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements; provided, upon written application of any executive officer of any local post or unit of any national organization of ex-service men, acting in his official capacity, such license or licenses shall be issued without charge for not to exceed two weeks in any calendar year, where the local post or unit is to participate in such show or the proceeds thereof; hotels, auto camps, restaurants, chophouses, cafes, eating houses, lunch counters, lodging houses, accommodating four or more lodgers, manufacturers, laundries, livery stables, garages, automobiles and motor sales agencies, vulcanizing shops, battery service shops, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed brickyards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city; auctioneers, stockbrokers, and stock exchanges; grocers, merchants of any, every, and all kinds, trades and traders of all kinds, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, ice dealers, refrigerating plants, ice manufacturers, sewing machine agents, marble and stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, newspapers or publications, advertising agencies, insurance companies, building and loan associations and companies, fire, life, and accident insurance companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue or balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water, and power companies, bankers, brokers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, ore purchaser or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshments or coffee stands, booths and sheds, dry goods stores of every and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.
κ1953 Statutes of Nevada, Page 530 (CHAPTER 314, AB 360)κ
same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue or balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water, and power companies, bankers, brokers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, ore purchaser or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshments or coffee stands, booths and sheds, dry goods stores of every and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.
Within said city to regulate, prescribe the location of, or prohibit, and suppress all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and all places to which persons resort for lewd or lascivious purpose or purposes of lewdness or prostitution, and dance houses.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state, street fakers, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed or sales stables, cattle or horse corrals, foundries and machine shops, dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress taverns, saloons, barrooms, and all establishments dealing in the sale of liquor whether for consumption on or off the premises.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress games, gaming houses, gambling, as allowed by law, in all its various forms.
κ1953 Statutes of Nevada, Page 531 (CHAPTER 314, AB 360)κ
location of, or prohibit and suppress games, gaming houses, gambling, as allowed by law, in all its various forms.
11. To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose, and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, taxis, express wagons, drays, job wagons and other public vehicles, and to regulate their charges, and to require schedule of charges to be posted in or upon such public vehicles. To fix, impose, and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns and other businesses.
12. To lay out, establish, open, alter, widen, extend, narrow, vacate either on its own motion or as prescribed by the general law of the state, the streets, alleys, avenues, public ways, sidewalks, parks, and public grounds, or improve the same by macadamizing, remacadamizing, concreting, reconcreting, oiling, reoiling, curbing, recurbing, grading, regrading, graveling, regraveling, paving, repaving, draining, parking, reparking, cleaning, repairing, lighting, relighting, surfacing, resurfacing, or in any other way improve the same, and by ordinance, resolution, or order require and provide for such improvements. To install, reinstall, construct, reconstruct, acquire, repair sewers, storm sewers, drains, storm drains, disposal plants and waste mains therefrom, and otherwise improve the same; to require the occupant or owner of improved property to connect his premises to the municipal sewage disposal system if the same be immediately adjacent to such property on a public street or alley and to provide for the punishment of such owner or occupant for failure to make such connection; to fix, impose, and collect a charge and fee to be paid in advance by the occupant or owner of the premises served by or through said sewage disposal system, such charge and fee to become and be a lien on the lot and premises so served, and, in addition to all other remedies allowed by law for the collection of such charge and fee, the lien therefor may be enforced in the manner provided by law, and the sewer connection may be disconnected and service discontinued until the delinquent charge and fee together with the cost for disconnection and reconnection is paid, and a license for the conduct of any business in said premises may be refused unless said charge and fee is paid.
13. To plant or direct and regulate the planting of ornamental shade trees, in, along, and upon streets, avenues, sidewalks, parks, and public grounds.
14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
15. To prevent and remove obstructions and encroachments upon the same.
16. To provide for and regulate crosswalks, curbs, and gutters.
17. To name streets, avenues, or other public places, and to change the names thereof.
κ1953 Statutes of Nevada, Page 532 (CHAPTER 314, AB 360)κ
18. To regulate or prohibit traffic and sale upon the streets, sidewalks, and in public places, including the power to acquire, install, maintain, operate and regulate parking meters at the curbs of the city streets and upon any other property acquired for the purpose of establishing off-street public parking facilities for vehicles. The parking fees to be charged for the use of the parking facilities regulated by such meters shall be fixed by ordinance. The commissioners shall have the power to acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The commission may issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper, and the commission may in such bonds pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.
19. To regulate the use of sidewalks and all structures thereunder, thereupon or thereover, and to require the owner or occupant of any property to keep sidewalks in front or along the same, free from snow and other obstructions.
20. To regulate and prevent the throwing or disposing of ashes, offal, dirt, garbage, or any offensive matter, in, and to prevent injury or obstruction to, any street, avenue, alley, park, or public grounds.
21. To provide for the collection, removal, hauling, conveying, transporting or disposal of garbage, rubbish, dirt, ashes, offal, refuse, dead animals, and any offensive matter from public or private property by contract or otherwise; to regulate the collection, removal, hauling, conveying, transporting, disposal, or burning of the same, and to prohibit such collection, removal, hauling, conveying, transporting, disposal, or burning by any person or persons other than the city or its duly authorized contractor and his or its agents, servants, and employees; to fix, impose, and collect a charge and fee to be paid by the occupants or owners of premises from which such collection, removal, hauling, conveying, transporting, and disposal is made. Provided, however, that the city shall not maintain any dump for the open-air disposal or burning of rubbish or refuse within three miles of the city limits.
22. To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, signposts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisements.
23. To regulate or prevent the flying of flags, banners, or signs across the street, or from buildings.
24. To regulate or prohibit the exhibition, distribution, or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
25. To regulate the speed of horses and other animals, bicycles, automobiles, and other conveyances, and vehicles, and cars and locomotives within the city limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horse racing, immoderate driving or riding in the streets, alleys, avenues, and public places.
κ1953 Statutes of Nevada, Page 533 (CHAPTER 314, AB 360)κ
26. To compel persons to fasten animals attached to vehicles standing or remaining on the streets, alleys, avenues, and public places.
27. To regulate or prohibit any public demonstrations and processions.
28. To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendancy to annoy persons passing in the streets, or on the sidewalks, or to frighten teams or horses.
29. To regulate the ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements, or otherwise, and to prevent all orations, harangues, loud outcries, performances, and devices tending to the collection of persons on the streets or sidewalks.
30. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
31. To permit, regulate, or prohibit the location, construction, or laying of the tracks of any railroad or tramway in any street, alleys, avenue, or public place, and to grant franchises to persons or corporations to lay, maintain, and operate in, upon, along, through, or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks and connecting and terminal tracks.
32. To require every railroad and street railway company to keep the streets in repair between the tracks and along and within two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof.
33. To declare a nuisance and take up and remove, or to cause to be taken up and removed, the tracks of any railway which shall have been laid upon, in, along, through, or across any of the streets, alleys, avenues or public places of the city and which shall not have been operated with cars for public use for a period of one year after the laying thereof.
34. To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets, alleys, avenues, and public places, and to keep the same in repair within the limits of the city.
35. To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley or avenue; to compel railroad companies to make and keep open and to keep in repair ditches, drains, sewers, and culverts along and under their railroad tracks so that the natural or artificial drainage on adjacent property shall not be impaired.
36. To grant an exclusive franchise to any person, firm, association, or corporation to operate and maintain a bus line in the city of Las Vegas, such franchise to be granted only upon terms which shall be advantageous to the city of Las Vegas; and the board of commissioners shall have the right to fix and prescribe the fare to be charged by the person, firm, association, or corporation procuring such franchise, or operating and maintaining such bus line.
κ1953 Statutes of Nevada, Page 534 (CHAPTER 314, AB 360)κ
the person, firm, association, or corporation procuring such franchise, or operating and maintaining such bus line.
37. To provide for the lighting, sprinkling, and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
38. To regulate the opening and use thereof for the laying of conduits, gas, or water mains, or pipes, and the building and repairing of sewers, tunnels, and drains.
39. To contract with, authorize or grant to any person, company, or association a franchise to construct, maintain, and operate gas, electric, or other lighting works in the city, and to give such person, company, or association the privilege of furnishing light for the public building, streets, sidewalks, and alleys of said city.
40. To provide for the lighting of streets, laying down of gas pipes, and erecting of lampposts; to regulate the use of gas, natural gas, and electric and other lights and electric power, and to regulate the inspection thereof.
41. To construct and maintain waterworks, gasworks, electric light works, street railways, or bathhouses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.
42. To construct or authorize the construction of waterworks without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes, and drains used in or necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken, above the point from which it is taken, and to enact all ordinances and regulations necessary to carry the power conferred into effect.
43. To regulate and control the water and watercourses, ditches, and flumes, within or leading to the city, and to regulate and control mill privileges within the city.
44. To construct, purchase or lease, and maintain canals, ditches, flumes, artesian wells and reservoirs; and to purchase or lease springs, streams, or sources of water supply for the purpose of providing water for irrigation, domestic, or other public purposes; and to prevent all waste of water flowing from artesian wells, and if necessary to secure said sources of water supply, to purchase or lease the land from or upon which said water has been appropriated or applied. Also, to purchase, acquire, or lease stock in ditch, canal, reservoir, or water companies for the purpose of providing water for such city and the inhabitants thereof.
45. To fix the rate to be paid for the use of water furnished by the city.
46. To purchase, construct, lease, rent, manage, and maintain any system or part of a system of waterworks, hydrants, and supplies of water, telegraphic fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
κ1953 Statutes of Nevada, Page 535 (CHAPTER 314, AB 360)κ
protection, maintenance, management and control of the property so leased, purchased or constructed.
47. To regulate the construction, repair, and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters, and plumbing; to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade, and to prescribe what qualifications shall be had by persons following said trade.
48. To establish markets and market houses and to provide for the regulation and use thereof.
49. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and regulate the selling of the same.
50. To provide for and regulate the inspection of meats, fruits, poultry, fish, butter, cheese, lard, vegetables, flour, meal, milk and all other provisions.
51. To provide for the inspection, measurement or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
52. To provide for the inspection and scaling of weights and measures.
53. To enforce the keeping and use of proper weights and measures by vendors. To provide for and regulate the manner of weighing all food products and foodstuffs, and hay, grain, straw, ice and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures, duly tested and sealed, and appoint the necessary officers therefor.
54. To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.
55. To provide for and regulate the location, management, and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, soap factories, foundries, breweries, livery stables and blacksmith shops in or within one mile of the limits of the corporation.
56. To prohibit any offensive or unwholesome business or establishments in or within one mile of the limits of the corporation; to compel the owner of any pigsty, privy, barn, corral, sewer, or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof.
57. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious, malignant diseases into the city, and to make quarantine laws and regulations and to enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
58. To purchase, hold, and pay for lands within or without the city limits for the burial of the dead, and all necessary grounds for hospitals, and to erect, maintain, and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city; and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds; and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery ground, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
κ1953 Statutes of Nevada, Page 536 (CHAPTER 314, AB 360)κ
city limits for the burial of the dead, and all necessary grounds for hospitals, and to erect, maintain, and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city; and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds; and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery ground, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
59. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.
60. To provide for the burial of the indigent dead and to pay the expenses thereof.
61. To authorize the taking and to provide for the safekeeping and education, for such periods of time as may be expedient, of all children who are destitute or without proper parental care.
62. To establish, maintain, and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.
63. To define fire limits, and prescribe limits within which no buildings shall be constructed, except if it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
64. To prescribe the manner of constructing stone, brick and other buildings and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.
65. To prevent the dangerous construction and condition of chimneys, fireplaces, hearth, stoves, stovepipes, heater, ovens, furnaces, boilers and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in a safe condition.
66. To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
67. To regulate and prohibit the keeping of any lumberyard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
68. To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof and other combustible or explosive material, and the use of lights in stables and other places, and the building of bonfires.
κ1953 Statutes of Nevada, Page 537 (CHAPTER 314, AB 360)κ
and the use of lights in stables and other places, and the building of bonfires.
69. Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets, and other appurtenances; and to organize fire engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
70. To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers, or steam-generating apparatus, or elevators within the corporate limits of the city.
71. To prohibit cruelty to animals.
72. To prevent the running at large in the city of poultry, hogs, sheep, goats, swine, horses, cows, or other animals; to establish and maintain a pound and to authorize the impounding, sale or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large.
73. To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior, and to punish the interference with any city officer in the discharge of his duty; also, to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.
74. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
75. To provide for the punishment of all vagrants, mendicants, and persons found in said city without visible means of support or some legitimate business.
76. To prevent intoxication, fighting, quarreling, dogfights, cockfights, prizefights, bullfights, and also all disorderly conduct which tends to violate the peace and quietude of any individual or individuals within the city, and to provide against and to prevent the offenses of assault and battery and petit larceny; restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city, to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the street, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars. The provisions of this subdivision are separate and distinct from the provisions of subdivision No. 73 of this section.
κ1953 Statutes of Nevada, Page 538 (CHAPTER 314, AB 360)κ
77. To regulate and prohibit the carrying of concealed weapons.
78. To declare by ordinance that any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the city of Las Vegas whenever such offense is committed within the boundaries of said city.
79. To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
80. To punish for keeping, maintaining, or becoming an inmate of, visiting or in any way contributing to the support of any place, house, or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.
81. To provide for and regulate the numbering of houses and lots.
82. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, either as sole owner or as tenant in common, with the county of Clark, State of Nevada, both within and without the city boundaries, and as such sole owner or as such tenant in common to improve, operate, regulate, and protect such property, and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate or pledge any property of the city for any purpose.
83. To erect and maintain all needful buildings for the use of the city.
84. Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto.
85. To authorize, by ordinance, officers of the city police department to direct all traffic in accordance with the provisions of the traffic ordinances of the city, except in times of emergency, at which times such officers may, by such ordinance, direct the traffic as public safety or public convenience may require.
86. To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary in the judgment of the board of commissioners to enforce or maintain any right of the city and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the board of commissioners, his ratable proportion of the cost of paving, grading, or otherwise improving any street or building or any sidewalk or other improvement which benefits the property of the owner thereof. All such suits, actions, and proceedings shall be instituted, commenced, prosecuted and defended, as the case may be, by the city attorney, without additional compensation.
κ1953 Statutes of Nevada, Page 539 (CHAPTER 314, AB 360)κ
87. To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electrical, telegraph, and mechanical appliances in, along, over, under and across the streets, alleys, and public places; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, alleys or public places.
88. To provide punishment for and suppress the unlawful sale, storage or keeping, offering or exposing for sale or barter, manufacture, storage or keeping, or other disposal of intoxicating liquors within the said city or within one mile outside of the city limits.
89. Whenever ten (10) per centum or more of the qualified voters resident within the corporate limits of the city of Las Vegas, as shown by the number of votes cast for mayor at the last preceding election at which a mayor was elected for such city, shall by petition, in writing, presented to such board, express their wish that any act be done or ordinance be passed, the board of commissioners shall cause a special election to be held as provided by law, unless the submission of such proposition or propositions, at the next general, city, county, or state election, may appear to such board more practicable and economical. Such proposition, or propositions, shall be submitted to the people at such general or special election, as the case may be, in a brief and concise manner so as to be readily understood by the ordinary person of common understanding, and if a special election, it shall be conducted in the manner now provided by law for the conduct of special elections; provided, however, the said board may, at its discretion, give effect to such wish by appropriate action in that behalf if within the limits of the powers granted by this act. At the conclusion of any election at which any proposition or propositions were so submitted to the people, said board is hereby authorized, empowered, and directed to give, by such appropriate act as may be necessary, full force and effect to each, all and every choice or wish so expressed at such election if within the limits of powers granted by this act.
90. To require the construction and repair of sidewalks by the owners of abutting lots, and to construct and repair the same at city expense; provided, however, that if the expense thereof shall be paid by the city, the same shall constitute a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied and collected.
91. To adopt and enforce by ordinance all such regulations, in case no express provision is in this act made, as the board of commissioners may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances of any other subject of municipal control or to carry into force or effect any further powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose or intent thereof.
κ1953 Statutes of Nevada, Page 540 (CHAPTER 314, AB 360)κ
any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose or intent thereof.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 346Mr. Ivers.
CHAPTER 315
AN ACT to amend an act entitled, An act fixing the salaries of the justices of the supreme court of Nevada, approved March 25, 1927, as amended.
[Approved March 28, 1953]
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 8437, 1929 N.C.L. 1949 Supp., as amended by chapter 241, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 1. From and after the expiration of the present term of each justice of the supreme court of the State of Nevada, his successor and successors in office thereafter shall receive a salary of fifteen thousand dollars ($15,000) a year, payable in equal semimonthly installments as other state officers are paid.
Sec. 2. For the purpose of paying the respective salaries herein allowed, there is hereby appropriated, for the biennium ending June 30, 1955, the sum of two thousand five hundred dollars ($2,500) or so much as may be necessary, out of any funds in the state treasury not otherwise appropriated.
Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed.
________
Assembly Bill No. 260Messrs. Shuey and Palludan.
CHAPTER 316
AN ACT concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict with this act.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. From and after the first day of April 1953 the county officers of Churchill county named in this act shall receive the following salaries and fees in full compensation for their services:
Sec. 2. The sheriff and ex officio license collector shall receive the sum of $3,900 per annum, and his actual traveling expenses in criminal cases. He shall pay to the county treasurer on or before the fifth day of each and every month all moneys collected by him from licenses and fees, and shall, at the same time, file with the county treasurer an itemized statement, under oath, of all such licenses and fees collected by him during the month next preceding, and also file a duplicate copy thereof with the clerk of the board of county commissioners.
κ1953 Statutes of Nevada, Page 541 (CHAPTER 316, AB 260)κ
itemized statement, under oath, of all such licenses and fees collected by him during the month next preceding, and also file a duplicate copy thereof with the clerk of the board of county commissioners.
Sec. 3. The county recorder and ex officio auditor shall receive the sum of $3,600 per annum. All fees authorized by law shall be collected by him and paid to the county treasurer on or before the fifth day of each and every month, and he shall at the same time prepare and file with the county treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month next preceding, and shall also file a duplicate copy thereof with the clerk of the board of county commissioners.
Sec. 4. The county assessor shall receive the sum of $3,600 per annum.
Sec. 5. The county clerk and ex officio clerk of the county commissioners and ex officio clerk of the county board of equalization and ex officio treasurer shall receive the sum of $3,900 per annum.
Sec. 6. The county commissioners shall receive the sum of $1,200 per annum each.
Sec. 7. The district attorney shall receive a salary of $3,600 per annum, and shall also be allowed his actual expenses when called from the county seat in the discharge of the official duties of district attorney.
Sec. 8. The above-named officers shall be entitled to appoint such deputies and assistants as may be authorized by the board of county commissioners of said county for such time and at such salary as the said board may specify.
Sec. 9. The salaries herein provided for shall be payable in twelve equal installments. The county auditor shall on the first day of each and every month draw a warrant on the salary fund in favor of each of the officers named herein for the salary due said officer for the last preceding month, and the county treasurer shall pay said warrant out of said fund.
Sec. 10. This act shall be effective from and after April 1, 1953.
________
Assembly Bill No. 252Washoe County Delegation, consisting of the Reno delegation.
CHAPTER 317
AN ACT to amend an act entitled, An act to incorporate the town of Reno, in Washoe county, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903, as amended.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of article III-A of the above-entitled act, as last amended by chapter 83, Statutes of Nevada 1951, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 542 (CHAPTER 317, AB 252)κ
Section 1. There shall be a city manager of the city of Reno, who shall be the chief administrative officer of the city. He shall be appointed by the city council and the mayor, who shall have a casting vote but no power of veto; a majority of the seven eligible votes shall be required either to appoint or discharge the city manager. The city manager shall hold office at the pleasure of the mayor and council, provided that the city manager shall not be removed from office until after he shall have been granted a public hearing on reasonable notice. During his tenure of office the city manager shall reside in the city of Reno. Whenever the office of city manager shall become vacant all authority and duties vested in and imposed on the city manager shall devolve upon the mayor. The office of city manager shall not remain vacant for a period of more than six months. The city manager shall receive such compensation as may be fixed by the city council by formal resolution or ordinance from time to time. Before entering upon his duties the city manager shall take the official oath of office and shall execute a bond in favor of the city for the faithful performance of his duties in such sum and in such form as shall be fixed by the council.
Sec. 2. Section 5 of article IV of the above-entitled act, as last amended by chapter 148, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 5. The city clerk shall receive a salary in the sum of five thousand one hundred dollars ($5,100) per annum. Such salary shall be paid in twelve (12) equal monthly installments.
Sec. 3. Section 10.30 of article XII of the above-entitled act, as last amended by chapter 223, Statutes of Nevada 1945, is hereby amended to read as follows:
Section 10.30. Bonds for the purpose of paying the cost of improvements for which special assessments are levied may be issued by the city in accordance with, An act to authorize municipalities to issue bonds for the purpose of paying the cost of municipal improvements for which special assessments are levied, approved March 13, 1909, as the same has been or may hereafter be amended from time to time; provided, however, that property owners shall have the right to pay all or any part of the assessments within the 50-day period specified in said legislative act; and further provided, that such improvement bonds may be issued for any purpose for which a special assessment can be levied herein, and the purposes for which such bonds may be issued shall not be limited to the purposes for which special assessments can be levied under the terms of said act. Such bonds shall be payable out of the fund created by special assessment, but if such fund be insufficient to pay said bonds as they become due, the deficiency shall be paid out of the general fund of the city, and every improvement bond created by the city shall contain such a provision. In the event of any deficiency in the general fund it shall be mandatory for the city council to levy taxes in accordance with the provisions of this act, and particularly article XII, section 10.5 hereof, in order to provide funds to immediately pay said bonds. No election shall be necessary to issue such improvement bonds irrespective of the fact that said bonds are also payable out of the general fund of the city.
κ1953 Statutes of Nevada, Page 543 (CHAPTER 317, AB 252)κ
Sec. 4. Section 9 of article XIV of the above-entitled act, as last amended by chapter 148, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 9. The police judge shall receive a salary of five thousand one hundred dollars ($5,100) per annum, payable monthly.
Sec. 5. This act shall be effective upon passage and approval.
________
Assembly Bill No. 417Mr. Oldham.
CHAPTER 318
AN ACT to provide for the destruction of obsolete papers and other county records, and other matters properly relating thereto.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The district courts of the several judicial districts are hereby authorized to direct the sheriff of any county within their respective judicial districts to destroy, by burning in the presence of the court, ballots, county warrants and such other obsolete papers and records of no further legal force or effect as the court may designate after a period of five years after the filing thereof.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 399Mr. Houghton.
CHAPTER 319
AN ACT providing for the establishment of certain colors on motor vehicle license plates, and other matters properly relating thereto.
[Approved March 28, 1953]
Whereas, The motor vehicle license plates of the State of Nevada have in the past been colored blue and silver; and
Whereas, These colors have been deemed eminently visible and in conformity with the law which requires license plates to be visible at 100 feet; and
Whereas, The prevailing blue of the sky and the continuing production of silver are typical attributes of the sovereign State of Nevada; and
Whereas, The colors of green and copper are of dubious visual character and contrast at the legal distance of 100 feet; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. After the effective date of this act the chairman of the public service commission of Nevada shall order the preparation of motor vehicle plates, beginning with those for the year 1954, with no other colors than blue and silver, the same to be alternated one upon the background and the other upon the letters and numbers in alternate years; provided that the chairman may, in his discretion, substitute a white enamel when no suitable silver material is available.
κ1953 Statutes of Nevada, Page 544 (CHAPTER 319, AB 399)κ
with no other colors than blue and silver, the same to be alternated one upon the background and the other upon the letters and numbers in alternate years; provided that the chairman may, in his discretion, substitute a white enamel when no suitable silver material is available.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 372Clark County Delegation.
CHAPTER 320
AN ACT to amend an act entitled, An act to incorporate the town of Las Vegas, in Clark county, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of chapter 1 of the above-entitled act, as last amended by chapter 132, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 2. The Annexation of Adjacent Territory-Manner of Procedure of. Territory adjoining and contiguous to the corporate limits of the city of Las Vegas may be annexed to said city with the tenements, property, and inhabitants thereof by the passage of an ordinance declaring said territory to be annexed; provided, that the majority of the freeholders of the territory proposed to be annexed first petition the board of commissioners to annex said territory; and provided further, that when the board of commissioners of the city of Las Vegas deems it necessary to annex additional territory to the city of Las Vegas, and the freeholders of said territory have not petitioned for annexation, the board of commissioners shall pass a resolution declaring its intention to annex said territory, describing said territory to be annexed, and ordering a plat of the same to be filed in the office of the city clerk of said city, and notice to be given as to the time when the board of commissioners shall hear objections to the annexation of said territory on the part of the freeholders therein, and the residents of said city; said notice to be published twice each week for a period of two weeks in a newspaper in said city of Las Vegas, and to be posted in at least three public places in said territory to be annexed, and to be mailed to all known freeholders of said territory sought to be annexed, citing them to appear in person, or by filing their properly signed petition with the city clerk of said city, on the date named, and show cause why said territory should not be annexed to said city; and provided further, that after said hearing, if a majority of the freeholders in said territory sought to be annexed do not protest, said board of commissioners shall pass an ordinance declaring said territory to be annexed to said city of Las Vegas, and shall order a plat showing the territory to be recorded in the office of the recorder of the county of Clark. Said territory shall be a part of the said city of Las Vegas and subject to all the taxes and laws thereof upon adoption and publication of said ordinance.
κ1953 Statutes of Nevada, Page 545 (CHAPTER 320, AB 372)κ
the said city of Las Vegas and subject to all the taxes and laws thereof upon adoption and publication of said ordinance. No change in the boundaries of the city shall be made within 90 days next preceding any general city election.
When used in this section the term freeholder shall be liberally construed so as to include a corporation, company, association or partnership, as well as individuals, and any act required of or allowed by a freeholder may be done by an officer or agent of such corporation, company, association or partnership.
________
Assembly Bill No. 305Mr. Von Tobel.
CHAPTER 321
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 31, 1947.
[Approved March 28, 1953]
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 209, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 1. The State of Nevada is hereby divided into eight judicial districts. The counties of Ormsby, Douglas, Churchill, Storey, and Lyon shall constitute the first judicial district; the county of Washoe shall constitute the second judicial district; the counties of Eureka and Lander shall constitute the third judicial district; the county of Elko shall constitute the fourth judicial district; the counties of Mineral, Esmeralda, and Nye shall constitute the fifth judicial district; the counties of Pershing and Humboldt shall constitute the sixth judicial district; the counties of White Pine and Lincoln shall constitute the seventh judicial district; and the county of Clark shall constitute the eight judicial district. For each of said districts, except the second and eighth judicial districts, there shall be one judge; for the second and eighth judicial districts there shall be three judges elected. Whenever a vacancy shall occur in the office of any such judge, it shall be filled as provided by law.
Sec. 2. Section 2 of the above-entitled act, being chapter 209, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 2. Until the first Monday in January, 1955, the judicial districts shall be and remain as heretofore provided by law unless there shall occur a vacancy in the judges office of any judicial district as now provided by law, in which event the provisions of this act shall take immediate effect and apply to such judicial districts where a vacancy occurs as aforesaid.
Sec. 3. Section 6 of the above-entitled act, being chapter 209, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 6. That certain 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 to repeal all acts and parts of acts in conflict herewith, approved March 27, 1929, being chapter 170, Statutes of Nevada 1929, and all other acts or parts of acts in conflict with this act are hereby repealed.
κ1953 Statutes of Nevada, Page 546 (CHAPTER 321, AB 305)κ
judges therein, fix their salaries and compensation for expenses, and to repeal all acts and parts of acts in conflict herewith, approved March 27, 1929, being chapter 170, Statutes of Nevada 1929, and all other acts or parts of acts in conflict with this act are hereby repealed.
Sec. 4. This act shall become effective on passage and approval.
________
Assembly Bill No. 328Clark County Delegation.
CHAPTER 322
AN ACT to amend an act entitled, An act declaring certain weapons and instruments when unlawfully carried, and also the carrying thereof, to be public nuisances, and providing for their confiscation and destruction, approved March 13, 1913.
[Approved March 28, 1953]
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 2301, 1929 N.C.L., is hereby amended to read as follows:
Section 2. The officer to whom the same may be so surrendered shall, except upon certificate of a judge of a court of record, or of the district attorney, that the preservation thereof is necessary or proper in the ends of justice, proceed at such time or times as he deems proper, and at least once in each year, to sell such confiscated weapons or instruments at public auction and deposit the proceeds of such sales with the city treasurer or county treasurer, as the case may be, and the city treasurer or county treasurer shall credit the same to the general fund of the city or county; provided, however, that notice of such public auction describing the weapons to be sold, shall be published once a week for two weeks preceding the date of said sale; and provided further that in the event of the acquittal of any such person any and all such weapons or instruments so taken from him as aforesaid shall thereupon be returned to him upon demand therefor; provided further, that any of such weapons which shall be determined to be dangerous to the safety of the public shall be destroyed or caused to be destroyed by said officer.
________
Assembly Bill No. 432Committee on Ways and Means.
CHAPTER 323
AN ACT appropriating the sum of $2,000,000 for additional teacher and pupil apportionments as provided in that certain act entitled, An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, for the biennium ending June 30, 1955.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of increasing elementary and high school pupil and teacher apportionments as provided by the provisions of that certain act entitled, An act concerning public schools in the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, being chapter 63, Statutes of Nevada 1947, for the biennium ending June 30, 1955, there is hereby appropriated from any money in the general fund not otherwise appropriated, the sum of two million dollars ($2,000,000).
κ1953 Statutes of Nevada, Page 547 (CHAPTER 323, AB 432)κ
school pupil and teacher apportionments as provided by the provisions of that certain act entitled, An act concerning public schools in the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, being chapter 63, Statutes of Nevada 1947, for the biennium ending June 30, 1955, there is hereby appropriated from any money in the general fund not otherwise appropriated, the sum of two million dollars ($2,000,000).
Sec. 2. The appropriation herein made shall be in addition to the appropriations made by sections 51 and 53 of that certain act entitled, An act making appropriations from the general fund, the state highway fund and the county gas tax fund for the support of the civil government of the State of Nevada for the two fiscal years beginning July 1, 1953, and ending June 30, 1955; and other matters properly relating thereto, approved March 19, 1953, being chapter ......., Statutes of Nevada 1953.
________
Assembly Bill No. 409Special Committee on Public Service Commission.
CHAPTER 324
AN ACT to amend 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.
[Approved March 28, 1953]
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 6542, N.C.L. 1929, and as last amended by chapter 148, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 1. There is hereby created a commission to be designated and known as the Nevada tax commission. The Nevada tax commission shall consist of a chairman and six commissioners. The chairman shall be the governor of the State of Nevada. One of the commissioners shall be a member of the public service commission to be selected by the governor; one of the commissioners shall be versed in and possess a practical knowledge and experience in the classification of land and the value thereof; one of the commissioners shall be versed in and possess a practical knowledge and experience in livestock and the value thereof; one of the commissioners shall be versed in and possess a practical knowledge and experience in the mining industry; one of the commissioners shall be versed in and possess a practical knowledge and experience in business; one of the commissioners shall be versed in and possess a practical knowledge and experience in banking; each of the commissioners at the time of his appointment shall be actively engaged in the business of the department which he is chosen to represent on the commission. The appointments shall be made by the governor, and not more than one of the commissioners shall be appointed from any one county in this state, and not more than a majority of the commission shall be of the same political party.
κ1953 Statutes of Nevada, Page 548 (CHAPTER 324, AB 409)κ
majority of the commission shall be of the same political party. Three of the commissioners shall be appointed for a term of four years, and two of the commissioners for a term of two years, and upon the expiration of the terms for which the appointments are made all commissioners shall be appointed for terms of four years. The chairman and each of the commissioners shall have a vote upon all matters which shall come before the commission. Before entering upon his duties, each of the commissioners, except the governor and the public service commission, shall enter into a bond payable to the State of Nevada, to be approved by the board of examiners, in the sum of ten thousand dollars, conditioned for the faithful performance of his duties, and shall subscribe to the official oath. A chief clerk and statistician shall be employed by the commission and he shall be the secretary of the commission and shall be in charge of the office of the commission. For his services, the secretary of the commission shall receive a salary as provided by law, payable in the same manner as other state salaries are paid.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 424Committee on Ways and Means.
CHAPTER 325
AN ACT authorizing a transfer of $135,000 from the general fund to the consolidated bond interest and redemption fund, and making an appropriation therefor.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of paying the principal and interest on bonds issued by authority of law, the state controller is hereby authorized and directed to transfer the sum of $135,000 from the general fund to the consolidated bond interest and redemption fund, and said sum shall be disbursed as provided by chapter 197, Statutes of Nevada 1939.
Sec. 2. To make the transfer provided by section 1 of this act, the sum of $135,000 is hereby appropriated from the general fund.
________
Assembly Bill No. 227Mr. Coulthard (by request).
CHAPTER 326
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.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 210 of the above-entitled act, being section 8708, 1929 N.C.L., is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 549 (CHAPTER 326, AB 227)κ
Section 210. The sheriff to whom the writ is directed and delivered shall execute the same without delay, and if the undertaking mentioned in section 208 be not given, as follows:
1. Real property shall be attached by leaving a copy of the writ with the occupant thereof; or, if there be no occupant, by posting a copy in a conspicuous place thereon, and filing a copy, together with a description of the property attached, with the recorder of the county.
2. Personal property capable of manual delivery shall be attached by taking it into custody.
3. Stock or shares, or interest in stock or shares, of any corporation or company, domestic or foreign, shall be attached by leaving with the president, or other head of the corporation or company, or secretary, cashier or managing agent thereof, a copy of the writ, and a notice stating the stock or interest of the defendant is attached in pursuance of such writ. If the corporation or company have no president or other head, or secretary, cashier or managing agent in this state, and is doing business in this state, upon whom a copy of the writ and notice may be left, the attachment may be made by service of the writ and notice in the manner allowed for the service of summons. Any transfer or attempt to transfer stock so attached shall be deemed a contempt of court and punished accordingly.
4. Debts and credits, due or to become due, and other personal property, not capable of manual delivery, shall be attached by leaving with the person owing such debts, or having in his possession, or under his control, such credits or other personal property, a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits and other personal property in his possession or under his control, belonging to the defendant, are attached in pursuance of such writ.
Debts and credits, due or to become due, from a bank incorporated under the laws of the State of Nevada or the laws of the United States of America, or other personal property held by such bank not capable of manual delivery, shall be attached, garnisheed, or executed upon by serving a copy of the writ and a notice that the debts owing by it to the defendant, or the credits and other personal property in its possession, or under its control, belonging to the defendant, are attached, garnisheed, or executed upon in pursuance of such writ. Such writ and notice shall be served on one of the following officers of such bank:
1. If such bank has no branches, trust department, or military facility, service shall be effected by leaving a copy of the writ and notice with the president, vice-president, assistant vice-president, cashier, assistant cashier, manager, or other managing officer in charge of such bank owing such debts, or having in its possession or under its control, such credits or other such personal property.
2. If such a bank has branches or military facilities owing such debts or having in its possession or under its control such credits or other such personal property, service shall be effected by leaving a copy of the writ and notice with the vice-president, assistant vice-president, assistant cashier, manager, or other managing officer in charge of the branch or in charge of the military facility. Service on such officer or agent shall not constitute a valid levy on any debt, credit, or other personal property owing by any other branch or military facility.
κ1953 Statutes of Nevada, Page 550 (CHAPTER 326, AB 227)κ
credit, or other personal property owing by any other branch or military facility.
3. If such a bank has a trust department owing such debts or having in its possession or under its control such credits or other such personal property, then service shall be effected by leaving a copy of the writ and notice with the vice-president and trust officer, trust officer, assistant trust officer, or other managing officer of the trust department.
Sec. 2. Section 230 of the above-entitled act, being section 8728, 1929 N.C.L., is hereby amended to read as follows:
Section 230. The names of as many individuals, corporations, or other persons as are sought to be charged as garnishees may be inserted in the same or different writs of garnishment; and the writ shall be served and returned by the officer issuing the same, in like manner as upon writs of attachment; and in like manner alias writs may be issued, served and returned.
________
Assembly Bill No. 315Mr. Berrum.
CHAPTER 327
AN ACT appropriating $1,000 for support and maintenance of the Genoa fort monument for the biennium ending June 30, 1955.
[Approved March 28, 1953]
Whereas, By the provisions of chapter 157, Statutes of Nevada 1947, being an act entitled, An act creating the Genoa fort and stockade fund in the state treasury, making an appropriation therefor, and authorizing the expenditure thereof, and other matters relating thereto, approved March 27, 1947, the Genoa fort and stockade and the land upon which it is located was designated as Genoa fort monument and as such, was placed under the joint jurisdiction of the state park commission and the board of county commissioners of Douglas county for control and maintenance; and
Whereas, There have been no appropriations of money by the State of Nevada for the support and maintenance of the Genoa fort monument since 1947; and
Whereas, There is a definite need for funds to maintain and improve generally the Genoa fort monument; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1955, there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, the sum of $1,000 for the support, maintenance and general improvement of the Genoa fort monument.
Sec. 2. The sum of $500 of the moneys herein appropriated may be expended during the period July 1, 1953 to June 30, 1954, and the sum of $500 may be expended of the moneys herein appropriated during the period July 1, 1954 to June 30, 1955.
Sec. 3. The moneys herein appropriated shall be paid out on approval of the state park commission and the board of county commissioners of Douglas county and allowed and paid as other claims against the State of Nevada.
κ1953 Statutes of Nevada, Page 551 (CHAPTER 327, AB 315)κ
approval of the state park commission and the board of county commissioners of Douglas county and allowed and paid as other claims against the State of Nevada.
________
Assembly Bill No. 33Mr. Embry.
CHAPTER 328
AN ACT making an appropriation for the support and maintenance of the Lost City museum in Clark County, Nevada.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of support and maintenance of the Lost City museum, in Clark county, Nevada, there is hereby appropriated from the general fund for the biennium ending June 30, 1955, the sum of $9,000.
Sec. 2. The funds provided in this act shall be expended on said museum by the superintendent of the department of buildings and grounds as follows:
First year beginning July 1, 1953, and ending June 30, 1954:
Custodian salary.............................................................................. $3,000
Road repair........................................................................................ 250
Utilities.............................................................................................. 500
Fuel, fixtures and miscellaneous.................................................... 250
______
$4,000
Second year beginning July 1, 1954, and ending June 30, 1955:
Custodian salary.............................................................................. $3,000
Buildings and grounds upkeep..................................................... 800
Utilities.............................................................................................. 800
Fuel, water, fixtures and miscellaneous........................................ 400
______
$5,000
Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
________
Assembly Bill No. 341Committee on Ways and Means.
CHAPTER 329
AN ACT to amend 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.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act being chapter 177, Statutes of Nevada 1917, is hereby amended by adding thereto a new section, designated section 5.1 which shall immediately follow section 5, and shall read as follows:
κ1953 Statutes of Nevada, Page 552 (CHAPTER 329, AB 341)κ
Nevada 1917, is hereby amended by adding thereto a new section, designated section 5.1 which shall immediately follow section 5, and shall read as follows:
Section 5.1. There is hereby created within the Nevada tax commission a division to be known as the division of assessment standard, which shall:
1. Consult with and assist county assessors to develop and maintain standard assessment procedures to be applied and used in all of the counties of the state, to the end that assessments of property by county assessors shall be equal in each of the several counties of this state.
2. Visit a selective cross-section of assessable properties within the various counties in cooperation with the county assessor and examine these properties and compare them with the tax roll and assist the various assessors in correcting any inequalities found to exist with factors of equal value and actual assessed value considered, and place upon the rolls any property found to be omitted from the tax roll.
3. Carry on a continuing study, the object of which is the equalization of property values between counties.
4. Carry on a program of in-service training for county assessors of the several counties of the state, and once during each year hold classes of instruction in assessing procedure for the purpose of bringing each county assessor and his authorized personnel the newest method, procedures and practices in assessing property. Expenses of attending such classes shall be a proper and allowable charge by the board of county commissioners in each county.
5. Continually supervise assessment procedures which are carried on in the several counties of the State of Nevada and advise county assessors in the application of such procedures. The Nevada tax commission shall make a complete written report to each session of the legislature commencing with the 47th session, and which shall include all reports of its activities and findings and all recommendations which it has made to the several county assessors, and the extent to which such recommendations have been followed.
6. Carry on a continuing program to maintain and study the assessment of public utilities and all other property assessed by the Nevada tax commission to the end that such assessments shall be equalized with the property assessable by county assessors.
The Nevada tax commission is hereby empowered to employ a person experienced in the field of property assessments and appraisal, whose title shall be director of the division of assessment standards. The salary of the director shall be fixed by the Nevada tax commission.
The director, with the consent of the commission, may employ such assistants in the field of agricultural and urban property and public utility appraisal and clerical and office help as shall be deemed necessary and advisable to carry out the provisions of this act within the funds appropriated for this purpose.
Sec. 2. The above-entitled act, being chapter 177, Statutes of Nevada 1917, is hereby amended by adding thereto a new section, designated section 5.2, which shall immediately follow section 5.1, and which shall read as follows:
κ1953 Statutes of Nevada, Page 553 (CHAPTER 329, AB 341)κ
designated section 5.2, which shall immediately follow section 5.1, and which shall read as follows:
Section 5.2. For the purpose of carrying out this act, there is hereby appropriated the sum of $100,000 for the 1953-1955 biennium to pay salaries and expenses of the personnel employed and for the necessary clerical, office and other incidental expense.
Sec. 3. The above-entitled act, being chapter 177, Statutes of Nevada 1917, is hereby amended by adding thereto a new section, designated section 5.3 which shall immediately follow section 5.2, and which shall read as follows:
Section 5.3. For the purpose of aiding the counties of the state to assist and carry on the equalization program hereinabove outlined, once it is established in the county, there is hereby created an equalization county matching fund. Upon receipt of application by counties establishing and carrying out said equalization program, and receipt of evidence that the county has provided special funds in its budget for this purpose, the Nevada tax commission with the consent of the state board of examiners may provide equal matching funds insofar as it is possible to do so within the funds appropriated hereinafter for this purpose. Distribution of matching funds shall be made on an equitable basis, within the factor of size and need considered, to all counties applying and qualifying, and under such terms and conditions as the Nevada tax commission shall deem advisable and necessary.
For the purpose of carrying out the provisions of this section, there is hereby appropriated $50,000.
________
Assembly Bill No. 133Mr. Coulthard.
CHAPTER 330
AN ACT to repeal an act entitled, An act to provide for the compromise, adjustment or release of indebtedness, liability or obligation of any corporation, association, or person to the State of Nevada, approved February 1, 1928.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled, An act to provide for the compromise, adjustment or release of indebtedness, liability or obligation of any corporation, association, or person to the State of Nevada, approved February 1, 1928, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 554κ
Assembly Bill No. 219Messrs. Embry, Ryan and Coulthard.
CHAPTER 331
AN ACT to amend an act entitled, An act relating to professional and business pursuits, and regulating the practice of dispensing opticians, approved March 21, 1951.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 216, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 2. In this act, unless the context otherwise requires: Dispensing optician means a person engaged in the practice of ophthalmic dispensing.
Ophthalmic dispensing means the practice of filling prescriptions of licensed physicians, surgeons, or optometrists, and includes the taking of facial measurements, fitting and adjustment of lenses or frames, and duplication of lenses.
Licensed physician, surgeon or optometrist means a person licensed by the respective state board having jurisdiction thereof.
Board means the board of dispensing opticians.
Person means an individual only.
Sec. 2. Section 3 of the above-entitled act, being chapter 216, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 3. No person shall engage in the practice of dispensing optician, nor shall any person manage a business engaged in ophthalmic dispensing without first securing a certificate issued as provided by this act.
Sec. 3. Section 4 of the above-entitled act, being chapter 216, Statutes of Nevada 1951, is hereby repealed.
Sec. 4. The above-entitled act, being chapter 216, Statutes of Nevada 1951, is hereby amended by adding thereto a new section designated section 4, which shall immediately follow section 3, and shall read as follows:
Section 4. The board shall meet at least once annually, at which time candidates applying for certification shall be examined and their qualifications determined. A candidate, in order to qualify for examination and certification as an ophthalmic dispenser must furnish proof that he:
(a) Is at least 21 years of age.
(b) Is of good moral character.
(c) Is a citizen of the United States, or has legally declared his intention of becoming one.
(d) Has:
(1) Served as an apprentice for not less than four calendar years full-time employment in an optical establishment where prescriptions for optical glasses from given formulae have been filled, and has acquired experience in the production and reproduction of ophthalmic lenses, and mounting the same to supporting materials and one year of ophthalmic dispensing experience under the direct supervision of a licensed ophthalmic dispenser, or licensed optometrist; or
κ1953 Statutes of Nevada, Page 555 (CHAPTER 331, AB 219)κ
of ophthalmic dispensing experience under the direct supervision of a licensed ophthalmic dispenser, or licensed optometrist; or
(2) Successfully completed a course of study in a school of ophthalmic dispensing recognized by the board as maintaining a satisfactory standard, and one year of ophthalmic dispensing experience under the direct supervision of a licensed ophthalmic dispenser or licensed optometrist.
The board may, at its discretion, waive the examination of an applicant who is, at the time of application, licensed as an ophthalmic dispenser in another state. The application shall be accompanied by a registration fee of $50. The board shall grade the examination papers returned by the candidates and shall keep them for at least one year if said applicant obtained a grade of less than 75 per centum. Any unsuccessful candidate may, upon written request to the board, see his graded examination paper.
Sec. 5. Section 5 of the above-entitled act, being chapter 216, Statutes of Nevada 1951, is hereby repealed.
Sec. 6. The above-entitled act, being chapter 216, Statutes of Nevada 1951, is hereby amended by adding thereto a new section designated section 5, which shall immediately follow section 4, and shall read as follows:
Section 5. The board may refuse to grant or may suspend or revoke a license to practice as an ophthalmic dispenser upon proof to the satisfaction of the board that the holder of such license:
(a) Has been adjudicated insane; or,
(b) Habitually uses drugs or intoxicants; or,
(c) Has been convicted of crime involving moral turpitude; or,
(d) Has advertised fraudulently; or,
(e) Shall have presented to the board any diploma, license or certificate that shall have been signed or issued unlawfully or under fraudulent representations, or obtains, or shall have obtained, a license to practice in the state through fraud of any kind; or,
(f) Has been convicted of a violation of any federal or state law relating to narcotic drugs; or,
(g) Solicits in person or through an agent or agents for the purpose of selling ophthalmic materials, or employs what are known as chaser, chasers, steerer, steerers, solicitor or solicitors to obtain business; provided, however, nothing herein contained shall prohibit an ophthalmic dispenser from engaging in lawful pursuits or professional relations with an ophthalmologist or an optometrist; or, professional relations with an ophthalmologist or an optometrist; or,
(h) Has violated any of its rules or regulations.
The board at any time after the date of revocation may consider an application for reinstatement; and, after such consideration it may grant such reinstatement. Before any license to practice as an ophthalmic dispenser in this state shall be suspended or revoked, except in the case of convictions of a crime involving moral turpitude or convictions of violations of any federal or state law relating to narcotic drugs, the accused person or persons shall be furnished with a copy of the complaint and be given a hearing before said board in person or by attorney, and any person whose license shall be suspended or revoked in accordance with this section shall be deemed an unlicensed person during the period of such suspension or revocation, and as such, shall be subject to the penalties herein prescribed for persons who practice as ophthalmic dispensers without first having obtained a license so to do.
κ1953 Statutes of Nevada, Page 556 (CHAPTER 331, AB 219)κ
person or by attorney, and any person whose license shall be suspended or revoked in accordance with this section shall be deemed an unlicensed person during the period of such suspension or revocation, and as such, shall be subject to the penalties herein prescribed for persons who practice as ophthalmic dispensers without first having obtained a license so to do.
Sec. 7. Section 6 of the above-entitled act, being chapter 216, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 6. (a) The board shall, in the event it approves an application, examine the applicant in ophthalmic dispensing. An applicant successfully completing the examination shall be registered by the board and shall be issued a certificate as dispensing optician. The certificate shall authorize the applicant to engage in the practice of ophthalmic dispensing, and shall, at all times, be conspicuously displayed at each place of practice of the holder thereof. The certificate shall not be transferable as to the holder.
(b) The board shall refund to an applicant failing to pass an examination thirty-five dollars of the registration fee.
Sec. 8. Section 10 of the above-entitled act, being chapter 216, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 10. (a) The board of dispensing opticians shall consist of three members, to be appointed by the governor in the following manner immediately after the effective date of this act; one member shall be appointed for a term of one year; one member shall be appointed for a term of two years, and one member shall be appointed for a term of three years. Thereafter each member shall be appointed for a term of three years. Members of the board shall have been actively engaged in the practice of ophthalmic dispensing for a period of not less than three years in the State of Nevada immediately preceding appointment.
(b) The board may adopt such rules and regulations and employ and fix the compensation of such employees and assistants as it may deem necessary to carry out the provisions of this act.
(c) A vacancy resulting from any cause other than the expiration of a term shall be filled for the unexpired term by an appointment of an ophthalmic dispenser by the governor in the same manner as an original appointment is to be made.
(d) The governor may remove any member for cause; provided, however, that the member shall be given a hearing.
Sec. 9. Section 11 of the above-entitled act, being chapter 216, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 11. (a) All funds received by the board under the provisions of this act shall be deposited with the state treasurer. The state treasurer shall thereupon place ninety percent of the money so received in a fund to be known as the board of dispensing opticians fund, and ten percent into the general fund of the state.
(b) The fund may be drawn on by the board for payment of all expenses incurred in the administration of the provisions of this act.
(c) On June 30 of each year, the board shall submit to the attorney general a written report. Such report shall include the names of all ophthalmic dispensers to whom licenses have been granted as provided in this act, any cases heard and decisions rendered by the board, and the recommendations of the board as to future policies.
κ1953 Statutes of Nevada, Page 557 (CHAPTER 331, AB 219)κ
ophthalmic dispensers to whom licenses have been granted as provided in this act, any cases heard and decisions rendered by the board, and the recommendations of the board as to future policies. Each member of the board shall review and sign such report before its submission to the attorney general. The principal office of the board shall be in Carson City, Nevada, but it may meet or conduct any of its business at any place in the state. The board may empower any member to conduct any proceeding, hearing or investigation necessary to its purposes.
(d) In addition to the meeting required by the provisions of section 4, the board may hold such other meetings as it may deem advisable. The time and place of all such meetings shall be determined by the board.
(e) The board shall elect a president, a secretary and a treasurer from its membership and shall have a common seal, of which all courts of this state shall take judicial notice. The boards president or secretary may issue subpenas to compel attendance of witnesses to testify before the board and administer oaths in taking testimony in any matter pertaining to its duties, which subpenas shall issue under the seal of the board and shall be served in the same manner as subpenas issued out of the district courts. Every person who refuses or neglects to obey the command of such subpena, or who, after appearing, refuses to be sworn and testify, shall, in either event, be liable to a penalty of $50 to be sued for in the name of the board in any court of competent jurisdiction, which penalty when collected shall be paid to the treasurer of the board.
Sec. 10. This act shall become effective upon passage and approval.
________
Senate Bill No. 26Committee on Judiciary.
CHAPTER 332
AN ACT to provide for the adoption of children, defining the methods of procedure therefor, defining the duties of certain persons in relation thereto, and other matters properly relating thereto.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Original Jurisdiction of District Courts. The district courts of this state shall have original jurisdiction in adoption proceedings.
Sec. 2. Adoption of Minor Children; Ages and Consent. A minor child may be adopted by an adult person in the cases and subject to the rules prescribed in this act. The person adopting a child must be at least 10 years older than the person adopted, and the consent of the child, if over the age of 14 years, is necessary to its adoption.
Sec. 3. Who May Petition. Any adult person or any two persons married to each other, may petition the district court of any county in this state for leave to adopt a child.
κ1953 Statutes of Nevada, Page 558 (CHAPTER 332, SB 26)κ
in this state for leave to adopt a child. The petition by a person having a husband or wife shall not be granted unless the husband or wife consents thereto and joins therein.
Sec. 4. Written Consent; When Required.
1. Written consent to the specific adoption proposed by the petition, sworn to by the person or persons consenting, shall be required from:
(a) Both parents if both are living; or
(b) One parent if the other is dead; or
(c) The mother only of a child born out of wedlock; or
(d) The guardian of the person of a child duly appointed by a court of competent jurisdiction.
2. Consent shall not be required of a parent who has been adjudged insane for a period of two years, and the court is satisfied by proof that such insanity is incurable.
Sec. 5. Agencies Which May Accept Relinquishments and Consent to Adoption. The following may accept relinquishments for the adoption of children from parents and guardians and may consent to the adoption of children:
1. The state welfare department of the State of Nevada, to whom the child has been relinquished for adoption; or
2. A corporation organized and existing under and by virtue of the laws of the State of Nevada as a child-caring agency, to whom the child has been relinquished for adoption; or
3. Any child-placing agency authorized under the laws of another state to accept relinquishments and make placements, to whom the child has been relinquished for adoption.
Sec. 6. Residence of Petitioners; Adoption of Two or More Children.
1. The petition for adoption shall not be granted unless the petitioners have resided in the State of Nevada for a period of six months prior to the filing of the petition.
2. The same petitioners may, in one petition, petition for the adoption of two or more children, if said children be brothers or sisters or brother and sister.
Sec. 7. Releases and Consents Executed Prior to Birth Void. All releases for and consents to adoption executed prior to the birth of a child shall be void.
Sec. 8. Execution of Relinquishment by Minor Parent. A minor parent may execute a relinquishment for adoption and cannot revoke the same upon his or her coming of age.
Sec. 9. When Consent Unnecessary; Notice and Hearing.
1. The consent of a parent to an adoption shall not be necessary if it be established by competent proof to the satisfaction of the court that the parent, having the opportunity and the ability so to do, has willfully neglected to provide any care or maintenance for the child for a period of one year next preceding the filing of the petition.
2. In cases where the petition recites and the petitioner relies upon the willful neglect described in subsection 1, the court, upon the filing of the petition, shall fix a day for the hearing thereof. If the parent does not consent to the adoption of the child, a copy of the petition and of the order fixing the date of hearing shall be served upon him or her as a summons in a civil action, if found in this state; if not found within this state, service upon him or her shall be made by publication of summons and mailing, as provided in civil actions; if the residence of the parent is unknown, notice shall be given by publication of the order fixing the date of hearing, once a week for four successive weeks in a newspaper published in the county where the petition is filed, the last publication to be not less than four weeks prior to the time appointed for the hearing.
κ1953 Statutes of Nevada, Page 559 (CHAPTER 332, SB 26)κ
and of the order fixing the date of hearing shall be served upon him or her as a summons in a civil action, if found in this state; if not found within this state, service upon him or her shall be made by publication of summons and mailing, as provided in civil actions; if the residence of the parent is unknown, notice shall be given by publication of the order fixing the date of hearing, once a week for four successive weeks in a newspaper published in the county where the petition is filed, the last publication to be not less than four weeks prior to the time appointed for the hearing. The court may order such further notice as it deems proper.
3. Consent of a parent to an adoption shall not be necessary where parental rights have been terminated by an order of a court of competent jurisdiction.
Sec. 10. Entitlement of Petitions, Reports and Orders. All petitions, reports and orders in adoption proceedings shall be entitled only in the names of the adopting parties.
Sec. 11. Contents of Petition. The petition for adoption shall state, in substance, the following:
1. The full name of the petitioners.
2. The age of the child sought to be adopted.
3. That it is the desire of the petitioners that the relationship of parent and child be established between them and such child.
4. Their desire that the name of the child be changed, together with the new name desired.
5. That the petitioners are fit and proper persons to have the care and custody of the child.
6. That they are financially able to provide for the child.
7. That there has been a full compliance with the law in regard to consent to adoption.
Sec. 12. Petitions Filed in Duplicate; Investigation and Report of State Welfare Department. A petition for adoption of a child shall be filed in duplicate with the county clerk. The county clerk shall send one copy of the petition to the state welfare department of the State of Nevada, who shall, unless the court, in its discretion, shall otherwise order, make an investigation and report as hereinafter provided. It shall be the duty of the state welfare department to verify the allegations of the petition and to investigate the condition of the antecedents of the child and make proper inquiry to determine whether the proposed adopting parents are suitable for the minor. The department shall, within 30 days after receiving the notice of entry of said order, submit to the court a full written report of its findings and shall furnish to the court any other information regarding the child or proposed home which the court may require. The court, on good cause shown, may extend the departments time, designating a time certain, within which to submit a report. No petition for adoption shall be approved unless the child shall have lived for a period of six months in the proposed home.
Sec. 13. Reports of State Welfare Department Confidential; Adverse Report, Petitioner May Rebut. The report of the department shall not be made a matter of public record, but shall be given in writing and in confidence to the district judge before whom the matter is pending.
κ1953 Statutes of Nevada, Page 560 (CHAPTER 332, SB 26)κ
pending. If the recommendation of the department is adverse, the district judge, before denying the petition, shall give the petitioner an opportunity to rebut the findings and recommendation of the report of the department.
Sec. 14. Hearings To Be Closed and Confidential; Files and Records Not Open to Inspection Except on Court Order.
1. All hearings held in proceedings under this act shall be confidential and shall be held in closed court, without admittance of any persons other than the petitioners, their witnesses, the director of an agency, or their authorized representatives, attorneys and persons entitled to notice by this act, except by order of the court.
2. The files and records of the court in adoption proceedings shall not be open to inspection of any person except upon an order of the court expressly so permitting pursuant to a petition setting forth the reasons therefor.
Sec. 15. Order of Adoption; Change of Name.
1. If the court shall find that the best interests of the child warrant the granting of the petition, an order or decree of adoption shall be made and filed, ordering that henceforth the child shall be the child of the petitioners. In the decree the court may change the name of the child, if desired.
2. If the court is not satisfied that the proposed adoption is in the best interests of the child, the court shall deny the petition and may order the child returned to the custody of the person or agency legally vested with custody.
Sec. 16. Rights and Duties of Adopted Child and Adoptive Parents. Upon the entry of an order of adoption, the child shall become the legal child of the persons adopting him, and they shall become his legal parents with all the rights and duties between them of natural parents and legitimate child. By virtue of such adoption he shall inherit from his adoptive parents or their relatives the same as though he were the legitimate child of such parents, and in case of his death intestate the adoptive parents and their relatives shall inherit his estate as if they had been his natural parents and relatives in fact. After a decree of adoption is entered, the natural parents of an adopted child shall be relieved of all parental responsibilities for such child, and they shall not exercise or have any rights over such adopted child or his property. The child shall not owe his natural parents or their relatives any legal duty nor shall he inherit from his natural parents or kindred. Notwithstanding any other provisions to the contrary in this section, the adoption of a child by his step-parent shall not in any way change the status of the relationship between the child and his natural parent who is the spouse of the petitioning step-parent.
Sec. 17. No Fees To Be Charged by County Officers. No county official shall charge any fee for the filing of a petition, for the recording of any order, or for any services rendered in an adoption proceeding.
Sec. 18. Appeals From Orders, Judgments or Decrees. Any person against whom any order, judgment or decree is made or who is affected thereby may appeal to the supreme court from any order, judgment or decree of the district court made under the provisions of this act, in the same manner as in other civil proceedings.
κ1953 Statutes of Nevada, Page 561 (CHAPTER 332, SB 26)κ
judgment or decree of the district court made under the provisions of this act, in the same manner as in other civil proceedings.
Sec. 19. Repeal. All acts and parts of acts in conflict herewith are hereby repealed. Particularly, but not exclusively, An act to provide for the adoption of children, approved February 20, 1885, being chapter 24 of the Statutes of 1885, as amended, and An act to provide for the adoption of children, defining the methods of procedure therefor, defining the duties of certain persons in relation thereto and other matters properly relating thereto, approved March 28, 1941, being chapter 152 of the Statutes of 1941, as amended, are hereby repealed.
Sec. 20. Effective Date. This act shall be effective upon its passage and approval.
________
Assembly Bill No. 47Mr. Walters.
CHAPTER 333
AN ACT to provide a code for the licensing, regulation and supervision of insurance adjusters by the insurance commissioner of the State of Nevada, and providing penalties for the violation thereof.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. This act shall be known and may be cited as the Nevada Insurance Adjusters Act.
Sec. 2. General Definitions. In this act, unless the context otherwise requires:
1. Commissioner means the insurance commissioner.
2. Department means the insurance department.
3. 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.
4. Adjuster means any person who, for compensation as an independent contractor for fee or commission, investigates, settles and reports to his principal relative to claims arising under insurance contracts, on behalf solely of either the insurer or the insured. Employees of a licensed adjuster, an attorney-at-law who adjusts insurance losses from time to time incidental to the practice of his profession, an adjuster of marine losses, or a salaried employee of an insurer or of a managing general agent, is not deemed to be an adjuster for the purposes of this act.
5. Independent adjuster means such an adjuster representing the interests of the insurer.
6. Public adjuster means an adjuster employed by and representing solely the financial interests of the insured named in the policy.
κ1953 Statutes of Nevada, Page 562 (CHAPTER 333, AB 47)κ
Sec. 3. License Required-Expiration-Penalty.
1. No person in this state shall act as, or hold himself out to be, an insurance adjuster unless licensed as such by the State of Nevada under the provisions of this act.
2. Licenses shall be issued effective from July 1, 1953, to June 30, 1954, and be renewable by July 1 each year thereafter. The license fee shall be $10 a year for the adjuster plus $5 for each man or woman acting as associate adjusters in the adjusters office, who shall be issued a certificate showing each such associate as being authorized by the state to act in behalf of such adjuster.
3. Any person violating this section of the act shall be fined not less than $100 nor more than $1,000 or imprisoned for not to exceed six months, or both, for each instance of such violation.
Sec. 4. General Qualifications for License. For the protection of the people of this state, the commissioner shall not issue or renew any such license except in compliance with this article; nor to, nor to be exercised by, any person found by the commissioner to be untrustworthy or incompetent, or who has not established to the satisfaction of the commissioner that he is qualified therefor in accordance with this act.
Sec. 5. Applications for License.
1. Applications for any such license shall be made to the commissioner upon forms prescribed and furnished by him. As a part of, or in connection with, any such application, the applicant shall furnish information concerning his identity, personal history, experience, business record and other pertinent facts as the commissioner may reasonably require.
2. If the applicant is a firm, partnership or corporation, the application shall show, in addition to the above, the names of all members and officers of the firm, partnership or corporation, and shall designate who is to exercise the powers to be conferred by the license upon such firm, partnership or corporation. The commissioner shall require each individual of a firm, partnership or corporation, to furnish information to him as though applying for an individual license.
3. Any person willfully misrepresenting any fact required to be disclosed in any such application shall be liable to penalties as provided by this code.
Sec. 6. Examinations for License, Scope, Time, Fees.
1. Each applicant for a license as an adjuster shall, prior to the issuance of any such license, personally take and pass to the satisfaction of the commissioner, an examination given by the commissioner as a test of his qualifications, competence, and knowledge of the Nevada insurance and insurance adjusters codes, except that this requirement shall not apply to:
(a) Applicants who, prior to January 1, 1953, were established in the business of insurance adjusting in the State of Nevada, reporting direct to insurers.
2. The commissioner shall give examinations at such times and places within the state as he deems necessary to reasonably serve the best interests of all concerned; provided that the commissioner shall give an examination at least once every 6 months if applications for licenses are then pending.
κ1953 Statutes of Nevada, Page 563 (CHAPTER 333, AB 47)κ
give an examination at least once every 6 months if applications for licenses are then pending.
3. The examination taken by the applicant shall be written under the commissioners supervision.
4. If an applicant fails the written examination the first time, he shall wait at least one month before taking the examination a second time, and if he fails a second time, he may not take the examination again for six months thereafter.
5. The commissioner shall charge an examination fee of $10 for each examination which shall be paid in advance and which shall not be returned for any reason to the applicant but will be deposited in the general fund.
Sec. 7. Employer Responsibility.
1. All business transacted by an adjuster under his license shall be in his name and he shall be responsible for the acts or omissions of his employees within the scope of their employment.
Sec. 8. Qualifications for Adjusters License.
1. The commissioner shall license as an adjuster only an individual who has otherwise complied with this code therefor and who has furnished evidence satisfactory to the commissioner that he is qualified as follows:
(a) Is at least 21 years of age.
(b) Is a bona fide resident of this state or is a resident of a state which will permit residents of this state to act as adjusters in such other state.
(c) Is a trustworthy person with good reputation.
(d) Has had at least 1 years experience, or special training with reference to handling of loss claims under insurance contracts of sufficient duration and extent reasonably to make him competent to fulfill the responsibilities of an adjuster.
(e) Has successfully passed any examination as required under this act.
(f) Has posted the bond or bonds required under section 12 of this act.
(g) Has never been convicted of a felony.
Sec. 9. Separate Licenses.
1. The commissioner may license an individual as an independent adjuster or as a public adjuster, and separate licenses shall be required for each type of adjuster. An individual may be concurrently licensed under separate licenses as an independent adjuster and as a public adjuster. The full license fee shall be paid for each license.
2. An adjuster licensed concurrently as both an independent and a public adjuster shall not represent both the insurer and the insured in the same transaction.
Sec. 10. Form of License. The commissioner shall prescribe the form of the adjusters license but it shall contain:
1. The name of the licensee and his business address.
2. The kind of license issued-whether independent or public.
3. Date of issuance and date of expiration.
4. That the bonds required by the state have been duly posted.
κ1953 Statutes of Nevada, Page 564 (CHAPTER 333, AB 47)κ
Sec. 11. Agent May Adjust-Out-of-State Adjusters.
1. On behalf of and as authorized by an insurer, for which he is licensed as an agent, an agent may from time to time act as an adjuster without being required to be licensed as an adjuster, except that no agent may act as an adjuster for a company with whom he has a retrospective contract on losses incurred under policies written by him.
2. No license by this state shall be required of a nonresident independent adjuster, for the adjustment in this state of a single loss, or of losses arising out of a catastrophe common to all such losses.
Sec. 12. Adjusters Bond.
1. Prior to the issuance of a license to an applicant as an adjuster, the applicant shall file with the commissioner, and shall thereafter maintain in force while so licensed, a surety bond in favor of the people of the State of Nevada, executed by an authorized corporate surety approved by the commissioner, the bond or bonds to be as follows:
(a) For an independent adjuster in the amount of $5,000.
(b) For each person who is employed by an adjuster to adjust claims-$1,000. For each such newly employed employee the bond shall be posted within 30 days after employment.
(c) For a public adjuster in the amount of $5,000.
(d) For an adjuster licensed as an independent and public adjuster concurrently-$10,000.
2. The bond may be continuous in form, and total aggregate liability on the bond may be limited to the payment of $10,000. The bond shall be contingent on the accounting by the adjuster to any insured or insurer, whose claim he is handling, for moneys or any settlement received in connection therewith.
3. Any such bond shall remain in force until the surety is released from liability by the commissioner, or until cancelled by the surety. Without prejudice to any liability accrued prior to cancellation, the surety may cancel a bond upon 30 days advance notice in writing filed with the commissioner.
4. Such bond shall be required as of the effective date of this code.
Sec. 13. Records.
1. Each and every adjuster shall keep at his address, as shown on his license, a record of all transactions consummated under his license. These records shall include a copy of all investigations or adjustments undertaken or consummated, and a statement of any fee, commission or other compensation received or to be received by the adjuster on account of such investigation or adjustment, and all such records are to be made available for the examination of the commissioner at all times, and shall be retained by the adjuster for at least three years.
Sec. 14. Denial, Suspension, Revocation of Licenses.
1. The commissioner may suspend, revoke or refuse to renew any license issued under this code for any cause specified in any other provision of this code, or for any of the following causes:
κ1953 Statutes of Nevada, Page 565 (CHAPTER 333, AB 47)κ
(a) If the licensee willfully violates or knowingly participates in the violation of any provision of this code.
(b) If the licensee has obtained or attempted to obtain any such license through willful misrepresentation or fraud, or has failed to pass any examination required under this code.
(c) If the licensee has misappropriated or converted to his own use or has illegally withheld moneys required to be held in fiduciary capacity.
(d) If the licensee has, with intent to deceive, materially misrepresented the terms or effect of any insurance contract, or has engaged in any fraudulent transaction.
(e) If the licensee has been convicted, by final judgment, of a felony.
(f) If in the conduct of his affairs under the license, the licensee has shown himself to be incompetent, untrustworthy, or a source of injury and loss to the public.
(g) If the licensee has undertaken to represent or has represented both the insurer and the insured in the same transaction for compensation unless such representation was undertaken or performed with the knowledge and consent of both.
2. The license of any firm, partnership, or corporation may be so suspended, revoked or refused for any such cause as relates to any individual designated in the license to exercise its powers.
3. The holder of any license which has been revoked or suspended shall immediately surrender the license certificate to the commissioner.
Sec. 15. Procedure for Refusal, Suspension, or Revocation.
1. The commissioner shall revoke or refuse to renew any such license immediately, without hearing, upon conviction of the licensee of a felony, by final judgment, of any court of competent jurisdiction.
2. No license shall be suspended or revoked, with the exception of the circumstances as provided in subsection 1 of this section, by the commissioner until and unless the licensee is granted a hearing, or unless such hearing is waived in writing by the adjuster. All such hearings shall be held at such time and place as shall be designated by the commissioner in writing to the person or persons whose interests are effected at least 10 days before the date designated therein. The hearing shall be held in Carson City or in the county where the principal business address of the person or company affected is located.
3. In the conduct of any examination, investigation or hearing, the commissioner or other officer designated by him to conduct the same, shall have power to compel the attendance of any person by subpena, to administer oaths and to examine any person under oath concerning the business, conduct of affairs of any person or company subject to the provisions of this act, and in connection therewith to require the production of any books, records or papers relevant to the inquiry.
4. The licensee shall be entitled to a specification of the charge against him, to appear at the hearing in person and by counsel, and to examine and cross-examine witnesses, to have the aid of compulsory process for the production of witnesses and evidence, and to have a full and fair hearing.
κ1953 Statutes of Nevada, Page 566 (CHAPTER 333, AB 47)κ
process for the production of witnesses and evidence, and to have a full and fair hearing.
Sec. 16. Court Review of Orders and Decisions.
1. Any order or decision made by the commissioner, except in conformity with subsection 1 of section 15, whereby any person or persons are aggrieved shall be subject to review by the district court of Ormsby county or the district court of the county in which the principal office of the person or persons aggrieved by such order or decision is located, providing that such request for review be filed within 60 days after the date of the order or decision of the commissioner.
2. The commencement of proceedings under this section shall not act as a stay of the commissioners order or decision unless so ordered by the court.
Sec. 17. Duration of Suspension. Every order suspending any such license shall specify the period during which the suspension shall be effective and which period shall in no event exceed six months.
Sec. 18. Power to Fine-Reinstatement-Fine in Lieu.
1. Power to Fine. After hearing and in addition to or in lieu of the suspension, revocation, or refusal to renew any such license, the commissioner may levy a fine upon the licensee in amount not less than $25 and not more than $250. The order levying such fine shall specify the period within which the fine shall be fully paid, and which period shall be not less than 15 nor more than 30 days from the date of the order. Upon failure to pay any such fine when due, the commissioner shall revoke the licenses of the licensee if not already revoked and the fine shall be recovered in a civil action brought in behalf of the commissioner by the attorney general. Any fine so collected shall be paid by the commissioner to the state treasurer for the account of the general fund.
2. Reinstatement or Relicensing: The commissioner shall not reinstate the license of or relicense any licensee or former licensee as to whom a license has been suspended or revoked until any cause for the suspension or revocation arising after the issuance of a license is no longer existing, or until any fine theretofore levied upon the licensee pursuant to sections Power to Fine and Fine in Lieu has been fully paid.
3. Fine in Lieu:
(a) Upon the hearing of an appeal from an order suspending, revoking, or refusing to renew any license issued under this act, the court, if it finds that the licensee is guilty of violation of the law, and if it deems the suspension, revocation, or refusal too severe a penalty under the facts as found, may impose a fine of not more than $500 in lieu thereof, and payment of such fine within 10 days thereafter shall reinstate, restore or renew the license.
(b) If it appears that a license of the licensee has theretofore been suspended, revoked, or refused for a similar offense, the court shall not have jurisdiction to impose a fine in lieu of the action required by the order appealed from.
________
κ1953 Statutes of Nevada, Page 567κ
Assembly Bill No. 243Mr. Walters.
CHAPTER 334
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 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 144 of the above-entitled act, as last amended by chapter 310, Statutes of Nevada 1951, 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 or regular salaries to salaried employees or compensation to supervising general agents.
(2) An agent or broker 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, or other like, and duly licensed agent or nonresident agent, or duly licensed broker or nonresident broker. 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 resident agent, broker or nonresident broker.
(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.
κ1953 Statutes of Nevada, Page 568 (CHAPTER 334, AB 243)κ
whose report he may adopt. The commissioner, or the employee so specially designated, shall have 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. 2. Section 147A of the above-entitled act, as last amended by chapter 240, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 147A. Procedure for Issuance of Brokers License. The commissioner shall issue a brokers license to an applicant when he has satisfied himself upon evidence presented and recorded as to the integrity of the applicant and that applicant has qualified in the following respects to hold 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.
(b) That the application provided for by section 145 has been filed with and approved by the commissioner.
(c) That the applicant has paid a license fee of twenty-five ($25) dollars.
(d) That applicant has taken and passed the written examination referred to in section 147, and all the provisions of section 147 are applicable to examinations of applicants for brokers licenses, except that a temporary certificate of convenience shall not be issued on an application for a brokers license.
(e) Every applicant for a license to act as a broker under the provisions of this section shall file with the application and maintain in effect a satisfactory bond to the State of Nevada, duly executed by an admitted surety insurer approved by the commissioner, in the amount of two thousand five hundred dollars ($2,500), or in such amount not less than $2,500 as may be fixed by the commissioner as hereinafter provided. Such bond may be continuous in form, and the total aggregate liability on such bond shall be limited to the payment of $2,500 or such sum not less than $2,500 as may be fixed by the commissioner. Such bond shall be contingent on the accounting by the broker to any person requesting the broker to obtain insurance for moneys or premiums collected by the broker for insurance other than life.
Sec. 3. Section 147B of the above-entitled act, as added by chapter 310, Statutes of Nevada 1951, is hereby amended 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 business 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 nonresident insurance agents therein, the commissioner may issue a nonresident agents license to act as a nonresident agent in this state when:
κ1953 Statutes of Nevada, Page 569 (CHAPTER 334, AB 243)κ
if the District of Columbia, the territory or such state does not prohibit residents of this state from acting as nonresident insurance agents 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-month 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. 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. 4. Section 148 of the above-entitled act, as amended by chapter 310, Statutes of Nevada 1951, 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 holding a certificate of authority from any insurance company, or no other agent in the 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.
κ1953 Statutes of Nevada, Page 570 (CHAPTER 334, AB 243)κ
of the death or the inability to further act of an insurance agent holding a certificate of authority from any insurance company, or no other agent in the 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, except at the discretion of the commissioner when the temporary licensee is acting as an administrator or otherwise endeavoring to settle or dispose of an estate.
Sec. 5. Section 149 of the above-entitled act, as amended by chapter 108, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 149. Procedure for Issuing Nonresident Brokers License. The commissioner shall issue a nonresident brokers license to an applicant when:
(1) The applicant has shown by a statement from the proper official of his state of domicile that he is authorized to do business as an insurance broker is such state. The commissioner may in his discretion enter into a reciprocal arrangement with the officer having jurisdiction of insurance business in any other state, to accept in lieu of the examination of such an 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 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 principles of insurance licensing and regulatory laws and with the provisions, terms and conditions of the type or types 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 given by the insurance commissioner showing his fitness and qualifications to be a broker within the State of Nevada. Such examination as set forth above shall be given at six-month intervals, the first examination so required to be given in the month of June 1949 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 domicile for the purpose of having such official 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 ($10) dollars, in addition to the license fee required under section 60.
κ1953 Statutes of Nevada, Page 571 (CHAPTER 334, AB 243)κ
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, and shall be deposited in the general fund.
(5) When the state of domicile of the applicant requires the applicant to post and keep in effect a bond similar to that required of Nevada resident brokers, no additional bond shall be required. When such bond is not required by the applicants state of domicile, a bond of the same amount and under the same provisions as that required of Nevada resident brokers shall be required of applicants for nonresident brokers licenses.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 37Senator Munk.
CHAPTER 335
AN ACT regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies or political subdivisions of the State of Nevada; repealing certain acts and parts of acts, and other matters properly connected herewith.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The business of every county and other political subdivisions in this state on and after the approval of this act shall be transacted upon a cash basis and in accordance with the terms of this act.
Sec. 2. For the purpose of this act every county, city, town, municipality, school district, county high school, or high school district or educational district, irrigation districts, and the governing boards thereof, are deemed to be governmental agencies of the State of Nevada.
Sec. 3. It shall be the duty of the county commissioners of each county in this state, between March 1 and April 1 of each year and the governing board of other political subdivisions in this state between February 1 and March 1 of each year, to prepare a budget of the amount of money estimated to be necessary to pay the expenses of conducting the public business of such political subdivisions for the next fiscal year starting the following July 1. Such budget shall be prepared in such detail as to the aggregate sums and the items thereof as shall be prescribed by the Nevada tax commission, and shall in any event show the following details:
1. The estimated aggregate assessments upon which the tax rates are based.
2. The last available valuation of personal property as shown by the tax roll of the political subdivision for the current year.
κ1953 Statutes of Nevada, Page 572 (CHAPTER 335, SB 37)κ
3. The estimated unencumbered cash balance at the beginning of the following fiscal year.
4. The estimated receipts from all sources for the next fiscal year.
5. The estimated expenditures for the next fiscal year.
6. The amount required for the next fiscal year from taxation and the tax rate necessary to produce it.
If any county is unable to complete its budget by April 1 and if any other political subdivision is unable to complete its budget by March 1, a grace period of two weeks may be obtained within which to complete such budget; provided, the county or other political subdivison makes such request to the Nevada tax commission prior to its due date, setting forth in such statement satisfactory reasons for such request.
Upon the failure of any county or other political subdivision to complete its budget by the due date, or within the grace period, if such grace period has been obtained, the members of the governing body of such county or other political subdivision shall each be deemed guilty of a misdemeanor in office.
Upon the completion of said budget, it shall, in the case of a county, be signed by the commissioners of the county approving same and by the county clerk; and shall be forthwith filed in the office of the recorder and auditor; and in the case of any other political subdivision it shall be signed by the governing board. Budgets for cities and municipalities shall be filed with the city clerk; and for a town, school district, county high school, or high school district or educational district, it shall be filed with the auditor and recorder of the county wherein such town, school district, high school or high school district or educational district is situated. The estimated receipts and expenditures for the fiscal year for which such budget is prepared, the aggregate valuation and tax rates as shown by said budget, shall be published once, at least fifteen days prior to the date when such budget shall become effective, in the official newspaper of the county or political subdivision, if there be one, or if there be no official newspaper, then in a newspaper to be designated by the respective governing board of the county or political subdivision for which said budget pertains; provided, that when the estimated receipts and expenditures of a county high school are included in the budget of the county wherein such high school is situated, no publication of such receipts and expenditures shall be required other than set forth in the publication of the county budget; provided further, that whenever the budget filed by a board of school trustees shows that the estimated receipts from the semiannual school apportionments, without any special district tax upon the property of the school district, will be sufficient to provide the funds necessary to maintain properly the work in said school district for the current year and for the next following year, as required by law, the publication of the budget of such school district shall not be required.
Sec. 4. It shall be unlawful for any commissioner, or any board of county commissioners, or any officer of the county to authorize, allow, or contract for any expenditure unless the money for the payment thereof is in the treasury and specially set aside for such payment.
κ1953 Statutes of Nevada, Page 573 (CHAPTER 335, SB 37)κ
thereof is in the treasury and specially set aside for such payment. Any county commissioner or officer violating the provisions of this section shall be removed from office in a suit to be instituted by the district attorney for the county wherein said commissioner or officer resides, upon the request of the attorney general, or upon complaint of any interested party.
Sec. 5. It shall be unlawful for any governing board or any member thereof or any officer of any city, town, municipality, school district, county high school, or high school district, or educational district to authorize, allow, or contract for any expenditure, unless the money for the payment thereof has been specially set aside for such payment by the budget. Any member of any governing board or any officer violating the provisions of this section shall be removed from office in a suit to be instituted by the city attorney in the case of cities, and by the district attorney in cases of towns, school districts, county high schools or high school districts, or educational districts wherein such officer or member of the governing board resides, upon the request of the attorney general or upon the complaint of any interested party.
Sec. 6. In case of great necessity or emergency, the board of county commissioners, by unanimous vote, by resolution reciting the character and nature of necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency; provided, however, that before the adoption of any such emergency resolution by the board of county commissioners they shall publish notice of their intention to act thereon in the official newspaper of the county for at least two publications at least one week apart, and no vote may be taken upon such emergency resolution until 15 days after the first publication of said notice; provided, that temporary loans for the support of any lawfully organized county farm bureau may be authorized by resolution of the board of county commissioners unanimously adopted without publication of such notice. Upon the unanimous adoption of any emergency resolution a certified copy thereof shall be forwarded to the secretary of the Nevada tax commission, and said secretary shall as soon as is practicable submit said resolution, together with a factual report as to the tax structure of the political subdivisions concerned, and the probable ability of the county to repay the said emergency loan requested to the state board of finance for its approval, and no such resolution shall be effective until approved by the state board of finance, and the resolution of the state board of finance shall be recorded in the minutes of the board of county commissioners; provided, that temporary loans for the support of any lawfully organized county farm bureau may be authorized by a general resolution of the state board of finance, applicable to all counties, and which general resolution of approval shall be sufficient to be recorded in the minutes of the board of county commissioners as aforesaid; provided further, that when, in the judgment of the county commissioners, the fiscal affairs of the county can be carried on without impairment, and there is sufficient money in any fund of the county, except bond interest and redemption funds, the board of county commissioners is authorized, after the emergency loan is authorized as provided above, to transfer from such fund of the county money sufficient to handle said emergency; and provided further, that when such transfer is made the board of county commissioners shall comply with the provisions of section 8 of this act, and when the emergency tax is thereafter collected the amount so collected shall be immediately placed in the fund of said county from which the loan was made; provided, however, in cases where such fund, unless it be the road fund, at the time of the transfer of funds therefrom, contains a surplus that in the judgment of the state board of finance is or will not be needed for the purposes of such fund in the ordinary course of events, then said emergency tax need not be levied, collected and placed in such fund, but such transfer shall be deemed refunded for all purposes of this act.
κ1953 Statutes of Nevada, Page 574 (CHAPTER 335, SB 37)κ
transfer from such fund of the county money sufficient to handle said emergency; and provided further, that when such transfer is made the board of county commissioners shall comply with the provisions of section 8 of this act, and when the emergency tax is thereafter collected the amount so collected shall be immediately placed in the fund of said county from which the loan was made; provided, however, in cases where such fund, unless it be the road fund, at the time of the transfer of funds therefrom, contains a surplus that in the judgment of the state board of finance is or will not be needed for the purposes of such fund in the ordinary course of events, then said emergency tax need not be levied, collected and placed in such fund, but such transfer shall be deemed refunded for all purposes of this act.
Sec. 7. Whenever any board of county commissioners shall be authorized to make any emergency loan, as provided for in the preceding section, it may issue, as evidence thereof, negotiable paper, notes or short-time negotiable bonds. Said evidence of indebtedness shall mature not later than two and one-half years from the date of issuance, and shall bear interest at not to exceed eight percent per annum, and be redeemable at the option of the county at any time when money is available in the emergency tax fund hereinafter provided.
Sec. 8. It shall be the duty of the county commissioners at the first tax levy following the creation of any emergency indebtedness to levy a tax sufficient to pay the same, which shall be designated emergency tax, the proceeds of which shall be placed in the emergency fund in the treasury of the county, and used solely for the purpose of maturing and redeeming the emergency loan for which the same is levied; provided, that when such temporary loan is for the support of any lawfully organized county farm bureau, the county tax levied therefor shall be deemed the emergency tax within the provisions of this section, and the proceeds thereof may be transferred to the state treasury as may be prescribed in any act providing for the transfer of county farm bureau funds to the state treasury, when the state controller shall be authorized to draw his warrant against such proceeds for the principal and interest of such temporary loan in favor of the holder of the note issued therefor, and the state treasurer shall pay the same.
Sec. 9. In case of great necessity or emergency the governing board of any city, town, school district, county high school, high school district, educational district, or irrigation district organized according to law, by unanimous vote, by resolution reciting the character of such necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency; provided, however, that before the adoption of any such emergency resolution the governing board shall publish notice of their intention to act thereon in a newspaper of general circulation for at least one publication, and no vote may be taken upon such emergency resolution until fifteen days after the publication of said notice; provided further, however, that in school districts having less than 100 pupils in average daily attendance the publication of such emergency resolution may be made by posting conspicuously, in three different places in said school district, notice containing in full the emergency resolution with the date upon which the board of school trustees of said district are to meet to act upon said emergency resolution, and such posting of said resolution shall be made not less than ten days previous to the date fixed in said emergency resolution for action thereon.
κ1953 Statutes of Nevada, Page 575 (CHAPTER 335, SB 37)κ
posting conspicuously, in three different places in said school district, notice containing in full the emergency resolution with the date upon which the board of school trustees of said district are to meet to act upon said emergency resolution, and such posting of said resolution shall be made not less than ten days previous to the date fixed in said emergency resolution for action thereon. Upon the unanimous adoption of any emergency resolution a certified copy thereof shall be forwarded to the secretary of the Nevada tax commission, and said secretary shall as soon as is practicable submit said resolution, together with a factual report as to the tax structure of the political subdivisions concerned, and the probable ability of the political subdivision to repay the said emergency loan requested to the state board of finance for its approval, and no such resolution shall be effective until approved by the state board of finance and the resolution of the state board of finance shall be recorded in the minutes of the said governing board; provided, that when in the judgment of the governing board of any city, town, school district, county high school, high school district, educational district, or irrigation district organized according to law, the fiscal affairs of such designated governmental agency can be carried on without impairment and there is sufficient money in the general fund or a surplus in any other fund, with the exception of the bond interest and redemption fund, of such designated governmental agency, the governing boards are authorized, after the emergency loan has been approved as provided above, to transfer from the general fund or from the surplus appearing in any fund, with the exception of the bond interest and redemption fund, of such designated governmental agency money sufficient to handle said emergency; and provided further, that when such transfer is made the governing board of such designated governmental agency shall comply with the provisions of section 11 of this act, and when the emergency tax is thereafter collected, the amount so collected shall be immediately placed in the fund from which the loan was made; provided, however, in cases where the fund from which the loan was made, at the time of the transfer of funds therefrom, contains a surplus that in the judgment of the state board of finance is or will not be needed for the purposes of said fund in the ordinary course of events, then said emergency tax need not be levied, collected, and placed in the fund from which the loan was made, but such transfer shall be deemed refunded for all purposes of this act. Interest accounts come within the jurisdiction of the state board of finance and may be approved or disapproved in whole or in part by said board.
Sec. 10. Whenever any governing board of any city, town, school district, county high school, or high school district or educational district shall be authorized to make an emergency loan as provided for in this act, they may issue as evidence thereof negotiable notes or short-time negotiable bonds. Said negotiable notes or bonds shall mature not later than two and one-half years from the date of issuance, and shall bear interest not to exceed eight percent per annum and be redeemable at the option of such city, town, school district, county high school, or high school district or educational district at any time when money is available in the emergency tax fund hereinafter provided.
κ1953 Statutes of Nevada, Page 576 (CHAPTER 335, SB 37)κ
when money is available in the emergency tax fund hereinafter provided.
Sec. 11. It shall be the duty of every governing board of any town, city, school district, county high school, or high school district or educational district, at the first tax levy following the creation of any emergency indebtedness, to levy a tax sufficient to pay the same, which shall be designated city of ........................ emergency tax, town of ........................ emergency tax, school district ........................ emergency tax, high school ........................ emergency tax, as the case may be; the proceeds of which shall be authorized in an emergency fund in the treasury of the city or in an emergency fund in the county, in the cases of towns, school districts, county high schools and high school districts, or educational districts, and shall be used solely for the purpose of redeeming the emergency loan for which the same is levied.
Sec. 12. The cost of publication of any budget or notice required of any school district, county high school, or high school district or educational district shall be a proper charge against the general fund of the county in which the same is situated.
Sec. 13. This act shall be effective from and after January 1, 1955, and for the purpose of putting the same into effect the county commissioners and governing boards of each of the political subdivisions herein mentioned, shall at the time fixed by existing law for the preparation of the budget for the calendar year 1954, prepare a supplemental budget for the first 6 months of the calendar year 1955.
Sec. 14. All acts and parts of acts in conflict with the provisions of this act, and including specifically that certain act entitled, An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies, approved March 22, 1917, as amended and supplemented, are hereby repealed.
________
Senate Bill No. 216Committee on Taxation.
CHAPTER 336
AN ACT to amend 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 28, 1953]
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 6545, 1929 N.C.L. 1941 Supp., is amended to read as follows:
Section 4. Said tax commission shall keep its office at Carson City, and shall be in general session and open for the transaction of business during the usual hours and days in which public offices are kept open.
(a) There shall annually be held at Carson City a regular session of said commission, beginning on the first Monday in October of each year at 10 oclock a.
κ1953 Statutes of Nevada, Page 577 (CHAPTER 336, SB 216)κ
each year at 10 oclock a. m., and continuing from day to day until the business of the particular session is completed, at which valuations shall be established by said commission on the several kinds and classes of property mentioned in section 5 of this act; and the said commission may, after the adjournment of the state board of equalization, hold such sessions as are deemed necessary for the purposes mentioned in section 7 of this act.
(b) The said commission shall convene annually on the first Monday in February, at the hour of 10 oclock a. m., as the state board of equalization and continue in session from day to day until the business of said board is completed, as hereinafter provided, and at said session the state board of equalization shall equalize property valuations in the state, including the valuation of livestock theretofore established by said commission; it shall be the duty of said state board of equalization to hear and determine all appeals from the various county boards of equalization; provided, any person, firm, company, association, or corporation claiming overvaluation or excessive valuation of its property in the state, whether assessed by the tax commission or the county assessor or assessors, by reason of undervaluation for taxation purposes of the property of any other person, firm, company, association, or corporation within the state whose property is assessed by the tax commission, or by reason of any such property not being so assessed, shall appear before the said state board of equalization at its said February session and make complaint concerning the same and submit proof thereon, which said complaint and proof shall, in any event, show the name of owner or owners, location, description and the full cash value of the property claimed to be undervalued or nonassessed, whereupon it shall be the duty of said board of equalization to forthwith examine such proof and all data and evidence submitted by complainant, together with any evidence submitted by an assessor or any other person or persons, and if it shall be determined by said board of equalization that the complainant has just cause for making such complaint it shall immediately make such increase in valuation of the property complained of as shall conform to its full cash value, or cause such property to be placed on the assessment roll at its full cash value, as the case may be, and make proper equalization thereof. The publication in the statutes of the foregoing time, place, and purpose of each regular session of the tax commission shall be deemed notice of such sessions, or said board, if it so elects, may cause published notices of such regular sessions to be made in the press, or may notify parties in interest by letter or otherwise. Special sessions may be held at such times and places and for such purposes as said commission or said board may declare by giving notice thereof by publication of such notice once a week for two consecutive weeks in some newspaper of general circulation in the county in which the special session is to be held, or by giving five days notice by personal service, or by registered mail, to the person, firm, or corporation affected, stating the time, place, objects and purposes of such special session. All sessions shall be public and all parties shall have the right to appear in person, or by their agents and attorneys, and, subject to exceptions and qualifications in this act contained, submit evidence, both oral and documentary; provided, it shall be lawful, in lieu of personal appearance, or appearance by agent or attorney, of any claimant before the commission or state board of equalization, for such claimant to cause to be filed with the said commission or said board a statement in writing, signed by said claimant, setting forth such claimants claim or claims with respect to the valuation of property of such claimant or the property of others; provided, however, nothing herein contained shall be construed as relieving such claimant or any board, commission or officer from complying with all the requirements of this act, and all other acts relative to the manner and form of appealing from the action of county boards of equalization, and submitting such proof as may be required by the said commission or said board.
κ1953 Statutes of Nevada, Page 578 (CHAPTER 336, SB 216)κ
qualifications in this act contained, submit evidence, both oral and documentary; provided, it shall be lawful, in lieu of personal appearance, or appearance by agent or attorney, of any claimant before the commission or state board of equalization, for such claimant to cause to be filed with the said commission or said board a statement in writing, signed by said claimant, setting forth such claimants claim or claims with respect to the valuation of property of such claimant or the property of others; provided, however, nothing herein contained shall be construed as relieving such claimant or any board, commission or officer from complying with all the requirements of this act, and all other acts relative to the manner and form of appealing from the action of county boards of equalization, and submitting such proof as may be required by the said commission or said board.
Sec. 2. Section 5 of the above-entitled act, being section 6546, 1929 N.C.L. 1949 Supp., is amended to read as follows:
Section 5. At the regular session of said tax commission commencing on the first Monday in October of each year, said commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which shall in any event include: The property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, motor bus, motor truck, air transport, electric light and power companies, together with their franchises, and the property and franchises of all express companies operating on any common or contract carrier in this state, and which foregoing shall be assessed as follows: Said commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, said commission shall then proceed to determine the total aggregate mileage operated within the state and within the several counties thereof, and apportion the same upon a mile-unit valuation basis, and the number of miles so apportioned to any county shall be subject to assessment in that county according to the mile-unit valuation so established by said commission; provided, said commission shall prepare and adopt formulas, and cause the same to be incorporated in its records, providing the method or methods pursued in fixing and establishing the full cash value of all franchises and property assesssed by it. Such formulas shall be adopted, and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but such formulas shall in any event show all the elements of value considered by the commission in arriving at and fixing said value for any class of property assessed by it. The word company shall be construed to mean and include any person or persons, company, corporation, or association engaged in the business described. In case of the omission by said commission to establish a valuation for assessment purposes upon the property mentioned in this section, it shall be the duty of the assessors of any counties wherein such property is situated to assess the same. All other property shall be assessed by the county assessors, except that the valuation of land, livestock, and motor vehicles shall be established for assessment purposes by the commission as provided in section 7 of this act.
κ1953 Statutes of Nevada, Page 579 (CHAPTER 336, SB 216)κ
assessors, except that the valuation of land, livestock, and motor vehicles shall be established for assessment purposes by the commission as provided in section 7 of this act. On or before the first Monday in December it shall be the duty of the said commission to transmit to the several assessors the assessed valuation found by it on such classes of property as are enumerated in this section, together with the apportionment of each county of such assessment. The several county assessors shall enter on the roll all such assessment transmitted to them by the Nevada tax commission.
Sec. 3. Section 6 of the above-entitled act, being section 6547, 1929 N.C.L. 1949 Supp., is amended to read as follows:
Section 6. The state board of equalization shall be composed of the members of the tax commission and shall convene as such board on the first Monday in February of each year at Carson City, and continue in session from day to day until the business of such session shall be completed; provided, such session shall not continue beyond the third Monday in February. The chairman of the tax commission shall be the chairman of said board, and the secretary of said commission shall be the secretary of such board. Each member of the tax commission shall have a vote upon said board, and in all cases a majority vote of the entire membership of said board shall govern. It shall be the duty of each county assessor to prepare and file with the secretary of the said board of equalization, on or before the first Monday in February, a report showing the segregation of property and the assessment thereof shown on the tax roll for the current year, and it shall be the further duty of each said assessor to file with or cause to be filed with the said secretary, on or before the said first Monday in February, the tax roll, or a true copy thereof, of his county for such current year as corrected by the county boards of equalization. It shall be the duty of the said board of equalization to review the said tax rolls of the various counties as corrected by the county boards of equalization thereof and to raise or lower, equalizing and establishing the full cash value of the property, for the purpose of the valuations therein established by all the county assessors and county boards of equalization and the tax commission, of any class or piece of property in whole or in part in any county, including also livestock and those classes of property enumerated in section 5 of this act; provided, that the said board of equalization shall hear and determine all appeals from the action of each county board of equalization, as provided in section 20 of An act to provide revenue for the support of the government of the State of Nevada and its political subdivisions; fixing the duties of certain officers; defining certain crimes and providing penalties therefor, and other matters properly connected therewith, and to repeal certain acts and parts of acts in conflict herewith, the same being senate bill No. 182 of the 1953 session of the Nevada state legislature; provided further, no such appeals shall be heard and determined by the said board of equalization where overvaluation or excessive valuation of the claimants property, or the undervaluation of other property, or nonassessment of other property, was the ground of complaint before the county board of equalization, save upon the terms and conditions provided in sections 18 and 19 of the aforesaid act to provide revenue for the support of the government of the State of Nevada.
κ1953 Statutes of Nevada, Page 580 (CHAPTER 336, SB 216)κ
the aforesaid act to provide revenue for the support of the government of the State of Nevada. No appeal shall be heard and determined save upon the evidence and data submitted to the county board of equalization, unless it is proven to the satisfaction of the state board of equalization that it was impossible in the exercise of due diligence to have discovered or secured such evidence and data in time to have submitted the same to the county board of equalization prior to its final adjournment.
Sec. 4. Section 7 of the above-entitled act, being section 6548, 1929 N.C.L. 1949 Supp., is amended to read as follows:
Section 7. The tax commission may continue in session from day to day after the session of the state board of equalization for the purpose of considering the tax affairs of the state. It shall be the duty of said commission, after the adjournment of the said board of equalization and on or before the first Monday in June of each year to fix and establish the valuation for assessment purposes of all livestock in the state, and motor vehicles, and to classify land and fix and establish the valuation thereof for assessment purposes. Said valuation of livestock, motor vehicles, and land so fixed and established shall be for the next succeeding year and shall be subject to equalization by the state board of equalization at the February meeting thereof for such year. The said commission shall have the power to cause to be placed on the assessment roll of any county, property found to be escaping taxation coming to its knowledge after the adjournment of the state board of equalization; provided, such property is placed upon such assessment roll prior to the delivery thereof to the ex officio tax receiver. In the event such property cannot be placed upon the assessment roll of the proper county within the proper time it shall thereafter be placed upon the tax roll for the next ensuing year, in addition to the assessment for the current year, if any, and taxes thereon collected for the prior year in the same amount as though collected upon the said prior years assessment roll; provided further, said commission shall not raise or lower any valuations established at the session of the state board of equalization unless, by the addition to any assessment roll property found to be escaping taxation, it shall be found necessary so to do; provided further, nothing herein shall be construed as providing an appeal from the acts of the state board of equalization to said tax commission.
Sec. 5. Section 8 of the above-entitled act, being section 6549, N.C.L. 1929, is repealed.
Sec. 6. Section 11 of the above-entitled act, being section 6552, 1929 N.C.L. 1941 Supp., is amended to read as follows:
Section 11. (a) Any property owner whose taxes are less than $300, and who has paid the first installment of such taxes in full, may, on filing with the treasurer of the county a certificate of the secretary of the Nevada tax commission that he has made complaint or applied to said commission for redress from any increased valuation of his property, pay the next installment of such taxes in two separate payments, one payment in the sum which, when added to the first installment, shall represent the amount of taxes payable if computed on the valuation of the preceding tax year plus the taxes on any improvements added since such preceding levy, and the other for the balance required to make up the full amount levied for the current year; and the county treasurer shall receipt for the latter as a special deposit, to be held by such treasurer undisbursed until the Nevada tax commission shall, by its findings, grant or refuse redress from such increased valuation, and said property owner, in such case, shall not be liable for any penalty under the delinquent tax act; and if the Nevada tax commission, by its findings, reduces the assessment valuation of such property, said county treasurer, on order of said commission, shall refund from such special deposit an amount corresponding to such reduction, and shall transfer the remainder to the public revenues; and if said commission shall not reduce the valuation of said property, then said county treasurer shall transfer the entire special deposit to the public revenues.
κ1953 Statutes of Nevada, Page 581 (CHAPTER 336, SB 216)κ
valuation of the preceding tax year plus the taxes on any improvements added since such preceding levy, and the other for the balance required to make up the full amount levied for the current year; and the county treasurer shall receipt for the latter as a special deposit, to be held by such treasurer undisbursed until the Nevada tax commission shall, by its findings, grant or refuse redress from such increased valuation, and said property owner, in such case, shall not be liable for any penalty under the delinquent tax act; and if the Nevada tax commission, by its findings, reduces the assessment valuation of such property, said county treasurer, on order of said commission, shall refund from such special deposit an amount corresponding to such reduction, and shall transfer the remainder to the public revenues; and if said commission shall not reduce the valuation of said property, then said county treasurer shall transfer the entire special deposit to the public revenues. Any person proceeding under this subparagraph (a) being aggrieved by the findings and order of the commission may appeal therefrom to the district court of the proper county, said appeal being taken in like manner and within the time as appeals from justice courts to district courts in civil actions, and such cases shall there be tried de novo; and, if such person prevails in the district court, such court may allow a reasonable amount of interest, not exceeding six per centum per annum, on the amount of said special deposit ordered repaid to the tax payer from the date of deposit thereof with the county treasurer; provided, that an appeal may be taken from the judgment of the district court to the supreme court by either party to the action.
(b) Any property owner whose taxes exceed the sum of $300 and are in excess of the amount which such owner claims to be justly due, may pay each installment of taxes as it becomes due under protest in writing, which said protest shall be in triplicate and filed with the county treasurer at the time of the payment of the installment of taxes, and it shall be the duty of said treasurer to forthwith forward one copy of said protest to the attorney-general and one copy to the state controller. Such property owner, having protested the payment of taxes as hereinbefore provided, may commence a suit in any court of competent jurisdiction in the State of Nevada against the state and county in which the taxes were paid, and, in a proper case, the Nevada tax commission may be joined as a defendant for a recovery of the difference between the amount of taxes paid and the amount which such owner claims to be justly due, and such owner may complain upon any of the grounds hereinafter contained; provided, every action commenced under and by virtue of the provisions of this subparagraph (b) shall be commenced within three months from the date of the payment of the last installment of taxes, and if not so commenced shall be forever barred; provided further, that if the tax complained of shall be paid in full and under the written protest provided for herein, at the time of the payment of the first installment of taxes, suit for the recovery of the difference between the amount paid and the amount claimed to be justly due shall be commenced within three months of the date of payment thereof, and if not so commenced shall be forever barred. In any suit brought under the provisions of this act, the person assessed may complain or defend upon any of the following grounds:
κ1953 Statutes of Nevada, Page 582 (CHAPTER 336, SB 216)κ
son assessed may complain or defend upon any of the following grounds:
1. That the taxes have been paid before the suit; or
2. That the property is exempt from taxation under the provisions of the revenue or tax laws of the state, specifying in detail the claim of exemption; or
3. That the person assessed was not the owner and had no right, title, or interest in the property assessed at the time of assessment;
4. That the property is situate in and has been duly assessed in another county, and the taxes thereon paid; or
5. Fraud in the assessment or that the assessment is out of proportion to and above the actual cash value of the property assessed; or the assessment is out of proportion to and above the valuation fixed by the Nevada tax commission for the year in which the taxes were levied and the property assessed; or that the assessment complained of is discriminatory in that it is not in accordance with a uniform and equal rate of assessment and taxation, but is at a higher rate of the full cash value of the property so assessed than that at which the other property in the state is assessed; provided, however, in all cases mentioned in this act, where the complaint is based upon any grounds mentioned herein, the entire assessment shall not be declared void, but shall only be void as to the excess in valuation; provided further, in every action brought under the provisions of any subparagraph of this section the burden of proof shall be upon the plaintiff to show by clear and satisfactory evidence that any valuation established or equalized by the Nevada tax commission, or the state board of equalization, or the county assessor, or the county board of equalization is unjust and inequitable.
In any judgment recovered by the taxpayer under this subparagraph (b), the court may provide for interest thereon and not to exceed six per centum per annum from and after the date of payment of the tax complained of.
Nothing in this subparagraph (b) or in any remedy provided herein shall prevent the distribution or apportionment of the taxes paid under the provisions of this subparagraph (b) into the various funds of the state and county, but, in the event of judgment in favor of the person bringing the suit to recover taxes claimed to be unjustly paid under this subparagraph (b), the amount of said judgment plus the interest thereon, as may be fixed and determined by the court, shall be paid out of the general funds of the state and county by the proper officers thereof as the respective liability of the state and county may appear. The county treasurer is hereby directed, and it shall be his duty in making tax settlements with the state, to then and there notify the state controller of the amount of state tax moneys paid under protest, and an amount equivalent thereto, plus a reasonable amount of interest thereon, not exceeding six per centum per annum after the date of such payment to such county treasurer, shall be deemed to be and hereby is appropriated for the purpose of satisfying any judgment therefor recovered against the state in a suit under the provisions of this subparagraph (b); provided, if and when a judgment against a county is secured under the provisions of this subparagraph (b) and there shall not be sufficient money in the general fund of the county affected by such judgment to satisfy the same, the board of county commissioners of such county is hereby empowered and directed, and it shall be its duty, to forthwith levy and provide for the collection of a sufficient tax upon all the taxable property within said county, exclusive of the property of the person securing such judgment, to satisfy such judgment and such interest thereon as may have been fixed and determined therein by the court; and provided further, it shall be the duty of the boards of county commissioners of the respective counties of the state annually to provide in their respective budgets a reasonable amount of money and to levy a tax therefor to provide for the payment of interest required in this act with respect to judgments which may be secured against such counties; and it shall likewise be the duty of the governor of this state to include in the biennial executive budget of the state a reasonable amount of money to provide for the payments of interest required in this act with respect to judgments which may be secured against the state; provided, if at the time a final judgment secured against the state under this act is presented for satisfaction there is not sufficient money in the state treasury set apart for the satisfacion of any such judgment, the state treasurer is hereby empowered and directed, and it shall be his duty, to satisfy such judgment from moneys then and there in the general fund of the state.
κ1953 Statutes of Nevada, Page 583 (CHAPTER 336, SB 216)κ
ment against a county is secured under the provisions of this subparagraph (b) and there shall not be sufficient money in the general fund of the county affected by such judgment to satisfy the same, the board of county commissioners of such county is hereby empowered and directed, and it shall be its duty, to forthwith levy and provide for the collection of a sufficient tax upon all the taxable property within said county, exclusive of the property of the person securing such judgment, to satisfy such judgment and such interest thereon as may have been fixed and determined therein by the court; and provided further, it shall be the duty of the boards of county commissioners of the respective counties of the state annually to provide in their respective budgets a reasonable amount of money and to levy a tax therefor to provide for the payment of interest required in this act with respect to judgments which may be secured against such counties; and it shall likewise be the duty of the governor of this state to include in the biennial executive budget of the state a reasonable amount of money to provide for the payments of interest required in this act with respect to judgments which may be secured against the state; provided, if at the time a final judgment secured against the state under this act is presented for satisfaction there is not sufficient money in the state treasury set apart for the satisfacion of any such judgment, the state treasurer is hereby empowered and directed, and it shall be his duty, to satisfy such judgment from moneys then and there in the general fund of the state.
(c) Any property owner owning property of like kind and character in more than one county in the state, and desiring to proceed with a suit under the provisions of subparagraphs (a) or (b) of this section may, where the issues in the cases are substantially the same in all or in some of the counties concerning the assessment of taxes on such property, consolidate any or all of said suits in one action and bring the same in any court of competent jurisdiction in the county of Ormsby, State of Nevada.
Sec. 7. This act shall be effective January 1, 1955.
________
Assembly Bill No. 403Committee on Rules and Legislative Functions.
CHAPTER 337
AN ACT to amend an act entitled, An act relating to the election or appointment of officers and employees of the legislature of the State of Nevada, defining their duties and compensation, and repealing certain acts in conflict therewith, approved March 22, 1951.
[Approved March 28, 1953]
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 1 of chapter 265, Statutes of Nevada 1951, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 584 (CHAPTER 337, AB 403)κ
Section 1. The officers and employees of the senate shall not exceed fifteen (15) in number.
Sec. 2. Section 3 of the above-entitled act, being section 3 of chapter 265, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 3. The number of officers and employees of the assembly shall be determined by each session of the assembly as recommended by the assembly committee on rules and legislative functions.
Sec. 3. Section 6 of the above-entitled act, being section 6 of chapter 265, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 6. There shall be paid to the several officers and employees named in this act, for all services rendered by them under the provisions of this act, the following sums of money for each days employment and no more:
Senate
Secretary, $20.
Assistant secretary, $12.
Minute clerk, $10.
Journal clerk, $10.
History clerk, $10.
Sergeant-at-arms, $11.
Enrolling clerk, $8.
Engrossing clerk, $8.
Page, $6.
Janitor, $7.
Stenographers, $9.
Clerks, $8.
Assembly
Chief Clerk, $20.
Assistant chief clerk, $12.
Minute clerk, $10.
Journal clerk, $10.
History clerk, $10.
Sergeant-at-arms, $11.
Enrolling clerk, $8.
Engrossing clerk, $8.
Pages, $6.
Janitor, $7.
Stenographers, $9.
Clerks, $8.
Amendment clerk, $12.
Supply clerk, $8.
Typists, $8.
________
κ1953 Statutes of Nevada, Page 585κ
Senate Bill No. 63Senators Lemaire and Whitacre.
CHAPTER 338
AN ACT to amend an act entitled, 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.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 42 of the above-entitled act, being section 42 of chapter 333, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 42. The director is hereby authorized and directed to purchase or acquire on behalf of the State of Nevada and all the 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 general services administration or any other governmental agency dealing in war surplus material or donable war surplus material; provided, however, that the provisions of this section shall not apply to the school lunch program as administered by the state board of education.
Sec. 2. Section 43 of the above-entitled act, being section 43 of chapter 333, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 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 health and 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 beneficial to the state.
Sec. 3. Section 44 of the above-entitled act, being section 44 of chapter 333, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 44. All claims for supplies, materials, and equipment purchased pursuant to the provisions of this act and the necessary expenses and administrative and handling charges 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, or agencies receiving federal funds, 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.
κ1953 Statutes of Nevada, Page 586 (CHAPTER 338, SB 63)κ
federal funds, 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. The amount of administrative and handling charges shall be determined by the director in each case, but shall not exceed a uniform percentage basis charge between departments or using agencies; provided, that the total amount of the administrative and handling charges shall not exceed the total savings effected by reason of the purchase through the state department of purchasing.
Sec. 4. Section 45 of the above-entitled act, being section 45 of chapter 333, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 45. There is hereby created a revolving fund in the sum of $70,000 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 using 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. 5. Section 46 of the above-entitled act, being section 46 of chapter 333, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 46. Upon the receipt of 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.
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Assembly Bill No. 329Clark County Delegation.
CHAPTER 339
AN ACT to amend an act entitled, An act designating the various classes of bonds and other securities in which the funds of the state and its various departments, institutions, and agencies, and of the state insurance funds, except those whose investment is expressly governed by the Nevada constitution, and except those which are received from the federal government or pursuant to federal law and whose investment is governed thereby, may be lawfully invested, and other matters relating thereto, approved March 29, 1943.
[Approved March 28, 1953]
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 191, Statutes of Nevada 1943, as amended by chapter 211, Statutes of Nevada 1951, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 587 (CHAPTER 339, AB 329)κ
Section 1. Any law of this state to the contrary notwithstanding, the following bonds and other securities, or either or any of them, are and hereby are declared to be proper and lawful investments of any of the funds of this state, and of its various departments, institutions, and agencies, and of the state insurance fund, except such funds or moneys as the investment of which is governed by the provisions of the constitution of the State of Nevada, such as moneys for the benefit of the public schools of this state and for other educational purposes derived from land grants of the United States, escheat estates, gifts, and bequests for educational purposes, fines, and from other sources as provided for in Article XI, section 3 of the constitution of this state (Nevada Compiled Laws 1929, section 148); and except also such funds or moneys thereof as have been received or which may hereafter be received from the federal government or received pursuant to some federal law and the investment of which is governed thereby: Bonds and certificates of the United States, bonds of federal agencies where underwritten or payment guaranteed by the United States, or bonds of this state or other states of the union, bonds of any county of the State of Nevada or of other states, bonds of incorporated cities in this state or in other states of the union, including special assessment district bonds when such bonds provide that any deficiencies in the proceeds to pay said bonds are to be paid from the general fund of said incorporated city, general obligation bonds of irrigation and drainage districts in the State of Nevada which are liens upon the property within such districts, and the value of which property is found by the board or commission making such investments to render such bonds financially sound over and above all other obligations of such districts, bonds of school districts within the State of Nevada, bonds of any power and/or water district having a population of not less than 200,000 persons and situated in two (2) or more counties of the State of Nevada or of any other state, and which bonds are general obligation bonds and constitute a lien upon the property within said district which is subject to taxation and is of an assessed valuation of not less than five (5) times the amount of the bonded indebtedness of such district, temporary or emergency loans authorized under the provisions of section 3010 to 3025, N.C.L. 1929, as amended, to counties, cities, and school districts at an interest rate determined by the state board of finance, and loans bearing interest at a rate of not less than six percent (6%) per annum when secured by first mortgages on agricultural lands in the State of Nevada of not less than three (3) times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances.
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κ1953 Statutes of Nevada, Page 588κ
Assembly Bill No. 261Messrs. Houghton and Castle.
CHAPTER 340
AN ACT to amend an act entitled, An act to regulate the practice of pharmacy and the use and sale of poisons and drugs in the State of Nevada; exempting registered pharmacists from jury duty; providing for a State Board of Pharmacy, and defining its powers and duties, and fixing penalties for the violation thereof, approved April 1, 1913, as amended.
[Approved March 28, 1953]
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 5040, N.C.L. 1929, as last amended by chapter 195 of the Statutes of Nevada 1951, is hereby amended to read as follows:
Section 1. (a) It is unlawful to manufacture, compound, sell, dispense, or permit to be manufactured, compounded, sold, or dispensed, any drug, poison, medicine, or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a medical, dental, chiropody, or veterinarian practitioner, unless such person be a registered pharmacist. Every store, dispensary, pharmacy, laboratory, or office for the sale, dispensing, or compounding of drugs, medicines, or chemicals, or for the dispensing of prescriptions of medical, dental, chiropody, or veterinarian practitioners, except duly licensed hospitals, shall be, at all times when it is open for business, in charge of a registered pharmacist who shall be physically present therein; provided, however, that this requirement shall not interfere with the registered pharmacist being absent each day for a period of not to exceed two hours, in total, for the purpose of taking meals, but shall be on call during such absence. Every store or shop where drugs, medicines, or chemicals are dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded, shall be deemed a pharmacy within the meaning of this act.
(b) The term prescription, as used in this act, means a written or oral order for a drug, or medicine, or combination or mixture of drugs or medicines, or proprietary preparation, signed or given or authorized by a medical, dental, chiropody, or veterinarian practitioner, and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals.
Sec. 2. Section 7 of the above-entitled act, being section 5046, N.C.L. 1929, as last amended by chapter 195 of the Statutes of Nevada 1951, is hereby amended to read as follows:
Section 7. Three members of the board shall constitute a quorum. They shall hold a meeting at least once in every six months.
Powers and Duties of the Board
Subdivision 1. The state board of pharmacy shall have power:
(a) To make such bylaws and regulations, not inconsistent with the laws of this state, as may be necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties;
(b) To regulate the practice of pharmacy;
κ1953 Statutes of Nevada, Page 589 (CHAPTER 340, AB 261)κ
(c) To regulate the sale of poisons, drugs and medicines;
(d) To examine and register as pharmacists applicants whom it shall deem qualified to be such.
(e) To charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this act.
(f) The board shall report annually to the governor upon the condition of pharmacy in the state, which said report shall contain a full and complete record of the proceedings of the board for the year, a complete statement of all fees received, and also the names of all pharmacists registered under this act. It shall be the duty of the state printer to print said report.
Sec. 3. Section 8 of the above-entitled act, being section 5047, N.C.L. 1929, as last amended by chapter 195 of the Statutes of Nevada, 1951, is hereby amended to read as follows:
Section 8. (a) The board shall charge and collect the following fees for the following services:
For examination of applicant for certificate as registered
pharmacist.......................................................................................................... $30.00
For issuance of certificate of registration as registered
pharmacist.......................................................................................................... 10.00
For annual renewal of certificate of registration as registered
pharmacist.......................................................................................................... 10.00
For reinstatement of lapsed certificate of registration (in
addition to annual renewal fees for period of lapse)................................. 20.00
For issuance of duplicate certificate of registration.......................................... 10.00
(b) All fees shall be payable in advance and shall not be refunded.
(c) An applicant for a certificate as a registered pharmacist who has failed to pass the boards examination for such certificate shall not be eligible for reexamination within six (6) months from the date of such failed examination.
(d) No applicant for a certificate as a registered pharmacist shall be entitled to more than three examinations for such certificate.
(e) No certificate of registration as a registered pharmacist which has lapsed for more than five (5) years shall be reinstated.
Sec. 4. Section 10 of the above-entitled act, being section 5049, N.C.L. 1929, as last amended by chapter 195, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 10. (a) Each certificate of registration issued by the board to a registered pharmacist, if not revoked, shall be valid to and including the 30th day of June next succeeding the date of its issuance, and shall entitle the person to whom it is issued to practice pharmacy for that period.
(b) Each person to whom such a certificate has been issued may, if he so desires and if his certificate has not been revoked, renew his certificate from year to year upon making application therefor as herein provided and paying the renewal fee as provided in this act.
(c) Application for a renewal certificate, together with the renewal fee, shall be delivered to the board on or before the first Monday in May next preceding the expiration date of any presently existing valid certificate.
κ1953 Statutes of Nevada, Page 590 (CHAPTER 340, AB 261)κ
(d) Renewal certificates shall, ordinarily, be dated as of the 1st day of July in each year, and be delivered to the applicant on or before that date.
(e) The board may refuse to issue a renewal certificate if it shall find, upon proof and after a hearing, of which the applicant shall have notice and may attend, that the applicant is not of good moral character, or is guilty of habitual intemperance or unprofessional conduct or conduct contrary to the public interest, or is addicted to the use of narcotic drugs, or has been convicted of a felony.
(f) The board shall have the power to delay the issuance of a renewal certificate for a reasonable period pending a hearing and determination as provided for in paragraph (e) of this section.
(g) Failure to make timely application for a renewal certificate and timely payment of the fee therefor shall subject the applicant to the fees for reinstatement of a lapsed certificate as provided for in section 8(a) of this act.
Sec. 5. Section 12 of the above-entitled act, being section 5051, N.C.L. 1929, as last amended by chapter 195 of the Statutes of Nevada 1951, is hereby repealed.
Sec. 6. Section 16 of the above-entitled act, being section 5055, N.C.L. 1929, as last amended by chapter 195 of the Statutes of Nevada, 1951, is hereby amended to read as follows:
Section 16. (a) The board shall have the power to issue duplicate certificates of registration and duplicate renewal certificates upon written application therefor, signed by the applicant, and proof to the satisfaction of the board that good cause exists for their issuance, and the payment of the proper fees for the issuance thereof.
(b) The board may, in proper instances, require the surrender of the original certificate of registration, or the original renewal certificate, before issuing a duplicate.
(c) The board shall have the power to provide by proper rules and regulations for the revocation of the registration and certificate of registration and any current renewal thereof issued under the provisions of this act, whenever the person so registered and to whom a certificate of registration has been issued is not of good moral character or is guilty of habitual intemperance or unprofessional conduct or conduct contrary to the public interest, or shall be addicted to the use of narcotic drugs, or shall have been convicted of a felony.
Sec. 7. Section 18 of the above-entitled act, being section 5057, N.C.L. 1929, as last amended by chapter 195 of the Statutes of Nevada, 1951, is hereby amended to read as follows:
Section 18. Notwithstanding any other provision of this act, the board of pharmacy may issue a permit to general dealers in rural districts in which the conditions in their judgment, do not justify the employment of a registered pharmacist, which said permit shall authorize the persons or firm named therein to sell in such locality, but not elsewhere, and under such restrictions and regulations as said board may from time to time adopt, the following simple household remedies and drugs, and such other items as may be determined by the board from time to time, for the protection of the public health and welfare, in such manner and form as may be hereafter authorized by said board, as follows, to-wit:
κ1953 Statutes of Nevada, Page 591 (CHAPTER 340, AB 261)κ
in such manner and form as may be hereafter authorized by said board, as follows, to-wit:
Spirits of camphor, almond oil, distilled extract, witch hazel, syrup of rhubarb, hive syrup, sweet spirits of nitre, tincture of iron, epsom salts, rochelle salts, senna leaves, carbonate of magnesia, seidlitz powders, cathartic pills, camomile flowers, caraway seeds, chlorate of potash, moth balls, plasters, salves, peroxide of hydrogen, copperas, gum camphor, asafetida, saffron, anise seed, saltpeter; provided, however, that no such permit shall be issued to any dealer whose place of business is located within three miles of any drug store.
The board shall charge an annual fee of eight dollars in advance for such permit, and it shall be unlawful for any dealer to sell any drugs or ordinary household remedies without complying with the requirements of this section; provided, that the following drugs, medicines, and chemicals may be sold by grocers and dealers generally without restriction, viz:
Glauber salts, petroleum jelly, turpentine, condition powders, cream of tartar, carbonate of soda, bay rum, essence of Jamaica ginger, essence of peppermint, ammonia for external or commercial or bleaching purposes containing not more than 5% free ammonia, alum, castor oil, bicarbonate of soda, chloride of lime, glycerine, witch-hazel. sheep dip, borax, sulphur, bluestone, flaxseed, insect powder, fly paper, any rat poison, squirrel poison, and gopher poison, and arsenical poison, insecticides, weedicides, and rodenticides used for orchard spraying, when prepared and sold in original and unbroken packages and if poisonous, labeled with the official poison labels, and sold in accordance with the requirements of the federal food, drug, and cosmetic act; and provided further that aspirin and effervescent saline analgesics may be sold on railroad trains.
No store or shop shall use the words drug or drugs in any advertising or display unless a registered pharmacist is in charge of said store or shop, or such store or shop holds a rural permit issued by the board of pharmacy as defined in section 18.
Sec. 8. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 280Messrs. Davis and Ruedy.
CHAPTER 341
AN ACT to amend an act entitled, An act to regulate the purchase, sale, transfer, and encumbrance of a stock of goods, wares, or merchandise, in bulk, or of any portion of a stock of goods, wares and merchandise, otherwise than in the usual course of trade, and prescribing penalties for the violation thereof, approved March 20, 1907.
[Approved March 28, 1953]
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 6817, 1929 N.C.L., as last amended by chapter 175, Statutes of Nevada 1949, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 592 (CHAPTER 341, AB 280)κ
1929 N.C.L., as last amended by chapter 175, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 2. Whenever any person shall bargain for or purchase any portion of or the entire stock of merchandise in bulk, or all or substantially all of the fixtures used, or to be used, in the sale, display, manufacture, care or delivery of said goods, wares or merchandise, including movable store and office fixtures, motor or other vehicles or trucks, otherwise than in the ordinary course of trade and in the regular and usual prosecution of the sellers business, for cash or on credit, and shall pay any part of the price, or execute and deliver to the vendor thereof or to his order, or to any person for his use, any promissory note or other evidence of indebtedness, to give credit, whether or not evidenced by promissory note or other evidence of indebtedness, for said purchase price or any part thereof, without at least ten days previously thereto having demanded and received from the said vendor or his agent the statement provided for in section 1 of this act, and verified as there provided, and without notifying also at least ten days previously thereto, by registered mail, every creditor as shown upon said verified statement of said proposed sale or transfer to be made, and the time and conditions of payment, and without paying or seeing to it that the purchase money of said property is applied to the payment of bona fide claims of the creditors of the vendor as shown upon said verified statement, in those proportions which the amount each claim bears to the total amount of all such claims, such sale or transfer shall be fraudulent and void.
Sec. 2. Section 3.1 of the above-entitled act, as added by chapter 175, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 3.1. Any vendee who shall purchase any portion of or the entire stock of merchandise, in bulk, or all or substantially all of the fixtures used, or to be used, in the sale, display, manufacture, care or delivery of said goods, wares or merchandise, including movable store and office fixtures, motor or other vehicles, or trucks. otherwise than in the ordinary course of trade and in the regular and usual prosecution of the sellers business, for cash or on credit, or who shall pay any part of the purchase price or execute and deliver to the vendor thereof or to any person for his use, any promissory note or other evidence of indebtedness, to give credit, whether or not evidence by a promissory note or other evidence of indebtedness, for said purchase price or any part thereof, who shall fail to demand and receive from the vendor the affidavit as to the vendors creditors as provided in section 1 hereof, or who shall fail to give the notice of said proposed sale as provided in section 2 hereof, or who shall fail to pay or see to it that the purchase money is applied to the payment of bona fide claims as provided in section 2 hereof, shall be deemed to assume the liability of the vendor in an amount equal to the market value of the goods and property purchased.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 593κ
Assembly Bill No. 182Miss Frazier.
CHAPTER 342
AN ACT to amend an act entitled, An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947.
[Approved March 28, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 205 of the above-entitled act, being last amended by chapter 271, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 205. Payments, How Determined. The superintendent of public instruction is hereby authorized to order payments from the aid to rural school fund. The amount of aid paid to any rural school shall be determined as follows:
1. Upon receipt of the request for aid accompanied by a copy of the budget and statement of the assessed valuation specified in section 203 of this chapter, the superintendent of public instruction shall determine the amount available from all sources for the support and maintenance of the rural school for the then current year.
2. The amount needed for the transportation of pupils shall be deducted from the total amount available for the support and maintenance of the rural school;
3. The amount to be paid as aid to the rural school shall be the difference between three thousand six hundred ($3,600) dollars in the case of a one-teacher school and seven thousand two hundred ($7,200) dollars in the case of a two-teacher school, and the amount determined in subparagraph 2 of this section to be available for the support and maintenance of the rural school for the then current school year after deducting the cost of transporting pupils;
4. The amount of aid thus determined to be necessary in order to guarantee to each rural school applying for aid, the sum provided in subparagraph 3 of this section shall be paid to the county treasurer for the account of the rural school as soon as practicable after the 15th of March of each year.
Sec. 2. This act shall be effective on passage and approval.
________
κ1953 Statutes of Nevada, Page 594κ
Assembly Bill No. 420Messrs. Houghton, Shuey, and Castle.
CHAPTER 343
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 30, 1953]
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., as last amended by chapter 303, Statutes of Nevada 1951, 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.
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.
κ1953 Statutes of Nevada, Page 595 (CHAPTER 343, AB 420)κ
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 post; 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 a minimum of 90 days on active duty (unless sooner discharged or retired by reason of service-incurred disability) 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 presidential proclamation or by act or resolution of congress, or who has served in the armed forces of the United States after June 1, 1950, and prior to such date as shall thereafter be determined by presidential proclamation or 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, or who having so served is still serving in 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; 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 3 years 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.
κ1953 Statutes of Nevada, Page 596 (CHAPTER 343, AB 420)κ
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., the same shall be taxed.
Eleventh-The buildings, furniture and equipment of noncommercial theaters owned and operated by nonprofit educational corporations organized for the exclusive purpose of conducting classes in theater practice and the production of plays on a nonprofessional basis shall be exempt from taxation; provided, that such corporation shall provide in its articles of incorporation that the property for which the tax exemption is requested shall revert to the county in which it is located upon the cessation of the activities of the said noncommercial theater; provided, that such exemption shall in no case exceed the sum of $5,000 to any one such nonprofit educational corporation.
Twelfth-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.
________
κ1953 Statutes of Nevada, Page 597κ
Senate Bill No. 182Committee on Taxation.
CHAPTER 344
AN ACT to provide revenue for the support of the government of the State of Nevada and its political subdivisions; fixing the duties of certain officers; defining certain crimes and providing penalties therefor, and other matters properly connected therewith, and to repeal certain acts and parts of acts in conflict herewith.
[Approved March 30, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. All property of every kind and nature whatsoever within this state shall be the 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 Untied 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.
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.
κ1953 Statutes of Nevada, Page 598 (CHAPTER 344, SB 182)κ
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 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 November for the purpose of being exempt on the tax roll; 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.
κ1953 Statutes of Nevada, Page 599 (CHAPTER 344, SB 182)κ
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 dollars ($5,000) 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 or 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., 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 in November of the year for which the exemption is claimed.
Sec. 2. Every tax levied under the provisions or authority of this act shall be a perpetual lien against the property assessed until such taxes and any penalty charges and interest which may accrue thereon shall be paid. The lien shall attach on the day on which the taxes are levied in each year upon all property then within the county and upon all other property on the day it is moved into the said county. If real and personal property are assessed against the same owner, a lien shall attach upon such real property also for the tax levied upon said personal property within the said county; provided, that a lien shall also attach for taxes on personal property, upon real property assessed against the same owner in any other county of the state from the date on which a certified copy of any unpaid property assessment is filed for record with the county recorder in the county in which said real property is situated.
All special taxes levied for city, town, school, road or other purposes throughout the different counties of this state, shall be a lien on the property so assessed, and shall be assessed and collected by the same officer at the same time and in the same manner as the state and county taxes are now or may hereafter be assessed and collected.
κ1953 Statutes of Nevada, Page 600 (CHAPTER 344, SB 182)κ
Sec. 3. The following words, terms, and/or expressions when used in this act, shall be deemed and taken and have the meaning hereinafter in this section set forth and no other meaning:
The term real estate, when used in this act, shall be deemed and taken to mean and include, and it is hereby declared to mean and include, all houses, buildings, fences, ditches, structures, erections, railroads, toll roads and bridges, or other improvements, built or erected upon any land, whether such land be private property or property of the state or of the United States or of any municipal or other corporation, or of any county, city or town in this state, the ownership of, or claim to, or possession of, or right of possession to any lands within this state, and the claim by or the possession of any person, firm, or corporation, association or company to any land, and the same shall be listed under the head of real estate; provided, however, when an agreement has been entered into, whether in writing or not, or when there is sufficient reason to believe that an agreement has been entered into, for the dismantling, moving or carrying away or wrecking the aforesaid property, or shall undergo any change whereby it shall be depreciated in value or entirely lost to the county, the aforementioned property shall be classified as personal property, and not real estate.
The term personal property, whenever used in this act, shall be deemed and taken to mean, and it is hereby declared to mean and include all household and kitchen furniture, all law, medical and miscellaneous libraries, all goods, wares and merchandise, all chattels of every kind and description, all money on hand or on deposit in bank or banks, or with individuals, stocks of goods on hand, horses, mules, oxen, calves, beef cattle, hogs, sheep, goats, jacks and jennies, and cattle of every description, wagons, carriages, buggies, omnibuses, stages, stage coaches, sulkies, carts, drays and all other vehicles, whether for use, pleasure or hire; also, all locomotives, cars, rolling stock and other personal property used in operating any railroad within the state; all machines and machinery, all works and improvements, all steamers, vessels and watercraft of every kind and name navigating or used upon the waters of any river or lake within this state or having a general depot or terminus within this state; the money, property, and effects of every kind, except real estate, of all banks, banking institutions or firms, bankers, money lenders and brokers, and all property of whatever kind or nature not included in the term real estate, as said term is defined in this act; provided, that gold- and silver-bearing ores, quartz or minerals, from which gold or silver is extracted, when in the hands of the producers thereof, shall not mean, not be taken to mean, nor be listed and assessed, under the term personal property, as used in this section of this act, but are specially excepted therefrom, and shall be listed, assessed and taxed as provided by law.
The term full cash value means the amount at which the property would be appraised if taken in payment of a just debt due from a solvent debtor.
The term fiscal year shall be the period, when used in this act to