[Rev. 3/1/2019 5:13:10 PM]
κ1953 Statutes of Nevada, Page 601 (CHAPTER 344, SB 182)κ
be deemed and taken to mean and include that period of time between July 1 of one year to and including June 30 of the following year.
The term resident or bona fide resident shall mean a person who has established a residence in the State of Nevada, and has actually resided in this state for at least six months.
Sec. 4. The board of county commissioners of each county shall, prior to the first of September of each year, cause to be prepared suitable books for the use of the assessor, in which the county assessor shall enter his tax list and assessment roll as hereinafter provided; and in which list and assessment roll shall be assessed and included all taxes levied by authority of law for county purposes. Said book shall contain suitably printed heads and be ruled to conform with the form of the assessment roll as provided by this act. All property must be assessed at its full cash value.
Sec. 5. Between the first day of July and the 31st day of December in each year the county assessor, except when otherwise required by special enactment shall ascertain by diligent inquiry and examination all property in his county real and personal, subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the same; and he shall then determine the full cash value of all such property and he shall then list and assess the same to the person, firm, corporation, association, or company owning it. In arriving at the value of all public utilities, of an intracounty nature the intangible or franchise element shall be considered as an addition to the physical value and a portion of the full cash value. For the purpose of enabling the assessor to make such assessments, he shall demand from each person or firm; and from the president, cashier, treasurer, or managing agent of each corporation, association, or company including all banking institutions, associations or firms within his county, a statement under oath or affirmation on forms to be furnished by the assessor of all the real estate and personal property within the county, owned or claimed by such persons, firms, corporation, association, or company. If any person, officer, or agent shall neglect or refuse on demand of the assessor or his deputy to give under oath or affirmation the statement required by this section, or shall give a false name, or shall refuse to give his or her name, or shall refuse to swear or affirm, he or she shall be guilty of a misdemeanor and shall be arrested upon the complaint of the assessor or his deputy; and upon conviction by the justice of the peace of the county, he or she shall be punished by a fine not less than $10 or more than $500, or by imprisonment in the county jail for a term not less than 10 (ten) days or more than three months, or by both such fine and imprisonment at the discretion of the court. If the owners of any property not listed by another person shall be absent or unknown, or fail to make the statement under oath or affirmation as provided herein, within five days after demand is made therefor, the assessor shall make an estimate of the value of such property and assess the same accordingly. If the name of such absent owner is known to the assessor, the property shall be assessed in his or her name. If unknown to the assessor, the property shall be assessed to unknown owner. But no mistake heretofore or hereafter made in the name of the owner or the supposed owner of real property shall render the assessment or any sale of such property for taxes invalid.
κ1953 Statutes of Nevada, Page 602 (CHAPTER 344, SB 182)κ
or hereafter made in the name of the owner or the supposed owner of real property shall render the assessment or any sale of such property for taxes invalid. It is hereby made the duty of the assessor, at the end of each month to report to the district attorney of the county the names of all persons neglecting or refusing to give the statement as required by this section of this act, and it is hereby made the duty of such district attorney to prosecute all persons so offending.
Sec. 6. The assessor and his sureties shall be, and they are hereby, made liable for the taxes on all taxable property, within the county required to be assessed by him, which is not assessed through the assessors willful or inexcusable neglect; and proof of the nonassessment of any taxable property within the county shall be deemed prima-facie evidence of such neglect; it shall be the duty of the county auditor and the county treasurer to inform the district attorney of the county of the nature and value of all property not assessed, naming the owner or owners thereof whenever they or either of them shall know or have good reason to believe any property within the county has not been assessed according to law.
It shall be the duty of the district attorney of each of the several counties of this state on or before the 15th day of January of each year to report in writing to the board of county commissioners of his county, a list of all taxable property, real and personal in the county, unassessed, at which time the assessor of such county may appear, and by testimony under oath or other sworn proof, explain to the board the reason for such nonassessment. If, after hearing such proofs, the said board shall be satisfied that such nonassessment was excusable in the assessor, it shall cause an order to that effect to be entered upon the minutes, and if the said board shall be satisfied that any nonassessment was not excusable, then said board shall cause an order to that effect to be entered on its minutes, when it shall be the duty of the district attorney of such county to demand of the assessor thereof all the state and county taxes due and payable upon such property for the preceding year, and if the same shall not be paid by such assessor within ten days from such demand, then said district attorney shall forthwith commence an action in a court of competent jurisdiction against such assessor and his sureties, for the collection in one suit, of all sums payable by such assessor as aforesaid; provided, however, if it can be proven that any nonassessment was caused by the refusal of the owner, agent or claimant of such property, or of the person or persons having it in possession or under his control or charge, to give a list of it to the assessor, the assessor shall not be liable; but the person or persons whose refusal to give the assessor such list (and whose duty it was under the law to give such list) caused the omission shall pay double the amount of the taxes that would have been imposed upon the property had it been assessed.
Sec. 7. At the same time and in the same manner as other lists of property, herein required, are given each and every person shall deliver, under oath or affirmation, to the assessor, a similar list of all real estate, with the improvements thereon, and all personal property which he, and the firm of which he is a member, and the corporation of which he is president, cashier, treasurer, secretary, trustee or managing agent, owns, claims or has the charge, possession or control of, in any other county of the state, which he does not, of his own personal knowledge, know has been assessed in such other county for that year, which list shall particularly describe each tract of land and each city or town lot contained therein (so that the same may be found or known by such description), and all vessels, steamers and other water craft, and shall also specify each and all deposits, if any, and persons with whom such deposit or deposits are made, and the places in which the same may be found, unless he shall have included all such money, gold dust, gold and silver bars and bullion in the list of property in his county, which it shall be lawful to do; and shall also specify the kind and nature of all other personal property in such county belonging to or under the charge, control or in the possession of him or them.
κ1953 Statutes of Nevada, Page 603 (CHAPTER 344, SB 182)κ
of which he is president, cashier, treasurer, secretary, trustee or managing agent, owns, claims or has the charge, possession or control of, in any other county of the state, which he does not, of his own personal knowledge, know has been assessed in such other county for that year, which list shall particularly describe each tract of land and each city or town lot contained therein (so that the same may be found or known by such description), and all vessels, steamers and other water craft, and shall also specify each and all deposits, if any, and persons with whom such deposit or deposits are made, and the places in which the same may be found, unless he shall have included all such money, gold dust, gold and silver bars and bullion in the list of property in his county, which it shall be lawful to do; and shall also specify the kind and nature of all other personal property in such county belonging to or under the charge, control or in the possession of him or them.
Sec. 8. Every assessor, as soon as he shall have received a list of any property in another county, under the foregoing section, shall make out from the list delivered to him a list for each county in which any such taxable property may be, and shall transmit the same by mail or express, to the assessor of the proper county, who shall assess the same as other taxable property therein, if it has not been before assessed for the same year.
Sec. 9. When real property is assessed by the county assessors of two counties on territory claimed by both, the owner of the real estate assessed is hereby authorized to pay said taxes in either county that he may select, and in case of suit being brought for the nonpayment of said taxes in the county in which said suit may be brought, the production of a tax receipt for the current year on said property, signed by the proper officer, although in an adjoining county claiming jurisdiction, of a date prior to the commencement of said action, shall entitle said taxpayer to a dismissal of said suit, free of cost.
Sec. 10. The owner or holder of any stock in any firm, incorporated company or association, the entire capital of which is invested in property which is assessed, or the capital of which is assessed, shall not be assessed individually for his stock in such company or association, nor shall any person having an interest in any partnership or firm be individually assessed for the partnership or firm property, if such property is assessed to the partnership or firm. The property of every firm, incorporated company or association shall be taxed in the county wherein the same is situated; provided, that whenever any portion of the property of any such company shall be assessed and taxed in the county wherein the same is located, then upon presentation at the principal office of such company, of the certificate or receipt of the collector of said county, that such taxes have been paid in another county, the same shall be deducted at the principal office from the aggregate amount of taxes imposed upon, or paid by said company, for the same property, in the county wherein the principal office of said company is situated.
The undivided property of deceased and insane persons may be listed to the heirs, guardians, executors or administrators, as the case may be, and a payment of taxes made by either, shall bind all the parties in interest for their equal proportions.
κ1953 Statutes of Nevada, Page 604 (CHAPTER 344, SB 182)κ
parties in interest for their equal proportions. It is hereby made the duty of every district judge, from time to time, to direct each and every administrator, executor and guardian (which direction may be especially given in each case or by general order) to pay, out of the funds of the estate, all taxes that have attached or accrued against such estate after the passage of this act; and no order or decree, for the distribution of any property of any decedent among the heirs of devisees, shall be made until the taxes which have been attached to or accrued against the estate shall have been paid.
Sec. 11. If any person shall willfully make or give, under oath or affirmation, a false list of his, her or their taxable property, under his or her control, such person shall be deemed guilty of perjury, and, upon conviction thereof, shall be punished therefor as is by law provided for the punishment of perjury.
Sec. 12. When personal property is mortgaged or pledged it shall, for the purpose of taxation, be deemed the property of the person who has possession thereof.
Sec. 13. It shall be the duty of the assessor of each of the several counties of the state, on or before the first day of January of each year to notify by mail in writing each person whose assessment upon the tax roll has been increased from the roll of the previous year. At the same time, the assessor shall post at the front door of the courthouse, and publish in the official newspaper of the county, a notice to the effect that the tax roll is completed and open for inspection by interested persons of the county.
It shall likewise be the duty of the assessor in each of the respective counties of the state, on or before the first day of January of each year, to prepare a printed list of all the taxpayers in the county and the total valuation of property on which they severally pay taxes. A copy of said list shall be by the assessor delivered in person or mailed to each and every taxpayer in the county. The several boards of county commissioners in the state are authorized and empowered to allow the bill contracted with their approval by the assessor under this section, on a claim to be allowed and paid as are other claims against the county.
Sec. 14. The assessor shall also, when directed by the board of county commissioners, in a book, make a map or plat of the various blocks within any incorporated city or town, and shall mark thereon the various subdivisions, as they are assessed; and in such subdivision he shall mark the names of persons to whom it is assessed.
Sec. 15. On or before the first day of January of each year the assessor of each of the several counties shall complete his tax list or assessment roll, and he or his deputy, as the case may be, shall take and subscribe to an affidavit written therein to the effect that he has made diligent inquiry and examination to ascertain all the property within the county subject to taxation, and required to be assessed by him, and that he has assessed the same on the assessment roll equally and uniformly, according to the best of his judgment, information and belief, at its full cash value; but the failure to take or subscribe to such affidavit shall not in any manner affect the validity of any assessment contained in said assessment roll.
κ1953 Statutes of Nevada, Page 605 (CHAPTER 344, SB 182)κ
to such affidavit shall not in any manner affect the validity of any assessment contained in said assessment roll.
The county assessor may close his roll as to changes in ownership of property on December 1, of each year, or on any other date which may be approved by the board of county commissioners.
Sec. 16. As soon as completed, the assessment roll shall be delivered by the assessor to the clerk of the board of county commissioners. The clerk of the board of county commissioners shall thereupon immediately give notice thereof, and of the time the board of equalization will meet to equalize assessments, by publication in a newspaper of the county, and by posting at the front door of the courthouse, and in such additional manner as the board of county commissioners may direct. Said assessment roll shall be open to inspection at all times while in the possession of the clerk by any person of the county. In the event that the assessor shall fail to deliver said assessment roll in the manner and at the time specified herein, no salary or other compensation shall be allowed him by the board of county commissioners for any day during which such roll is not so delivered, unless excused by the board of county commissioners.
Sec. 17. The assessment made by the county assessor, and by the Nevada tax commission, as equalized according to law, shall be the only basis for property taxation by any city, town, school, road, or other district, in that county. The provisions of this act as to assessment shall not apply to property of an interstate or intercounty nature presently required to be assessed by the Nevada tax commission as provided by sections 6542-6561, 1929 N.C.L., as amended.
Sec. 18. The board of county commissioners of each county shall constitute a board of equalization, of which board the clerk of the board of county commissioners shall be the clerk. The board of equalization of each county shall meet during the month of January of each year, and shall hold such number of meetings during said month as may be necessary to care for the business of equalization presented to it; provided, however, that the business of equalization must be concluded during said month of January. The board of equalization shall have power to determine the valuation of any property assessed by the assessor, and may change and correct any valuation found to be incorrect either by adding thereto or deducting therefrom such sum as shall be necessary to make it conform to the actual or full cash value of the property assessed, whether such valuation was fixed by the owner or the assessor; except, that where the person complaining of the assessment of his property has refused to give the assessor his list under oath, as required by this act, no reduction shall be made by the board of equalization from the assessment of the assessor. If the board of equalization finds it necessary to add to the assessed valuation of any property on the assessment roll, it shall direct the clerk to give notice to the person so interested by registered letter, deposited in the post office, or express, or by personal service, naming the day when it shall act on the matter, and allowing a reasonable time to appear. On the day after the adjournment of the board of equalization the clerk shall prepare a list of the names of those whose assessment has been added to by the board of equalization, and who did not appear before the said board of equalization, and shall cause such list to be published one time in a newspaper of the county, and to be posted at the front door of the courthouse, and any person whose name appears thereon and who makes affidavit to the effect that he did not receive the notice required to be given by the clerk, may appear before the state board of equalization and shall be given a hearing.
κ1953 Statutes of Nevada, Page 606 (CHAPTER 344, SB 182)κ
names of those whose assessment has been added to by the board of equalization, and who did not appear before the said board of equalization, and shall cause such list to be published one time in a newspaper of the county, and to be posted at the front door of the courthouse, and any person whose name appears thereon and who makes affidavit to the effect that he did not receive the notice required to be given by the clerk, may appear before the state board of equalization and shall be given a hearing. The secretary of the state board of equalization shall note all changes made and certify them to the county auditor, or clerk as the case may be, who shall make the changes required by the said state board upon the assessment roll. The county assessor shall attend all meetings of the county board of equalization, without additional compensation.
Sec. 19. Any person, firm, company, association, or corporation, claiming overvaluation or excessive valuation of its property in the state, assessed by the tax commission, by reason of undervaluation of the property of any other person, firm, company, association, or corporation within any county of the state assessed by the county assessor or by reason of any such property not being so assessed, shall appear before the county board of equalization of the county or counties wherein such undervalued or nonassessed property may be, and make complaint concerning the same and submit proof thereon, which said complaint and proof shall, in any event, show the name of the 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 such county board of equalization to forthwith examine such proof and all data and evidence submitted by the complainant, together with any evidence submitted thereon by the assessor or any other person, and if it shall be determined by the county 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; provided, however, any such person, firm, company, association, or corporation claiming overvaluation or excessive valuation of its property, for the reason or reasons as in this section provided, failing to make complaint thereof and submit proof thereon to the county board of equalization of each county wherein it is claimed property is undervalued or nonassessed, shall not hereafter be permitted to make complaint of or offer proof concerning such undervalued or nonassessed property to the state board of equalization, or otherwise, save and except, in the event the fact that there is such undervalued or nonassessed property in any county has become known to the complainant after the final adjournment of the county board of equalization of that county for that year, complainant may make its complaint and submit its proof as hereinbefore provided at the February session of the state board of equalization, upon complainant proving to said boards satisfaction it had no knowledge of such undervalued or nonassessed property prior to the final adjournment of said county board of equalization, whereupon it shall be the duty of said state board of equalization to proceed in the matter in like manner as provided herein for a county board of equalization in such case, and cause its order thereon to be certified to the county auditor with direction therein to change the assessment roll accordingly.
κ1953 Statutes of Nevada, Page 607 (CHAPTER 344, SB 182)κ
be the duty of said state board of equalization to proceed in the matter in like manner as provided herein for a county board of equalization in such case, and cause its order thereon to be certified to the county auditor with direction therein to change the assessment roll accordingly.
Sec. 20. Any taxpayer being aggrieved at the action of the county board of equalization in equalizing, or failing to equalize the value of his property, or property of others, may appeal to the state board of equalization at its February session, and present to such board the matters complained of; provided, all such appeals shall be presented upon the same facts and evidence as were submitted to the county board of equalization in the first instance, unless there shall be discovered new evidence pertaining to the matter which could not, by due diligence, have been discovered prior to the final adjournment of the county board of equalization; provided further, it shall be the duty of each county board of equalization at the expense of the county to cause to be taken and transcribed a full and complete stenographic report of all its proceedings, the original or a full, true and correct copy of which, duly verified by the person making such stenographic report, together with all exhibits, papers, reports, and other documentary evidence submitted to the said county board of equalization in all matters of equalization before it, shall be by the clerk of such board forwarded to and filed with the secretary of the state board of equalization on or before the opening day of the February session thereof; provided further, that in the event of an extensive hearing at any particular matter the county board of equalization may prorate the cost of the stenographic transcript of that particular matter between the county and the complainant and make such arrangements as to the furnishing of a copy thereof to the complainant as shall be equitable.
Sec. 21. A quorum of the board of county commissioners shall be sufficient to constitute the board of equalization, and a majority of the members present shall determine the action of the board.
Sec. 22. During the session, or within five days after the adjournment of the board of equalization, its clerk shall enter upon the assessment roll all the changes and corrections made by the board and shall immediately deliver said corrected roll, with his certificate attached, to the county auditor.
Sec. 23. The county auditor shall, as soon as all changes have been certified to him by the secretary of the state board of equalization, enter all such changes on the assessment roll, add up the valuations and enter the total valuation of each kind of property and the total valuation of all property on the assessment roll, and shall certify the results to the board of county commissioners on or before the 15th day of March of each year.
Sec. 24. Subsequent to the approval of the budgets for the various political subdivisions of the state, and their submission to the Nevada tax commission for auditing and approval as required by law, the said Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by said approved budgets, and shall certify such combined rate, broken down as to the budgetary funds, to each of said boards of county commissioners; provided, however, that if said combined rate, together with the state tax rate theretofore approved, shall exceed the constitutional tax rate limit, the said Nevada tax commission is hereby authorized and directed to call together the governing boards of the respective political subdivisions concerned, and to hold said governing boards in session until such time as the budgeted requirements have been reduced to such amount as may be produced by a combined tax rate which will not exceed the said constitutional limitation.
κ1953 Statutes of Nevada, Page 608 (CHAPTER 344, SB 182)κ
to produce the amount of revenue required by said approved budgets, and shall certify such combined rate, broken down as to the budgetary funds, to each of said boards of county commissioners; provided, however, that if said combined rate, together with the state tax rate theretofore approved, shall exceed the constitutional tax rate limit, the said Nevada tax commission is hereby authorized and directed to call together the governing boards of the respective political subdivisions concerned, and to hold said governing boards in session until such time as the budgeted requirements have been reduced to such amount as may be produced by a combined tax rate which will not exceed the said constitutional limitation. After said budgeted requirements have been so reduced the said Nevada tax commission shall proceed as heretofore provided to certify the said combined tax rate. In the event that the governing board of any political subdivision shall refuse or neglect to participate in said meeting of all governing boards, the said Nevada tax commission is hereby authorized and directed to adjust the budget of said political subdivision as the exigencies of the situation may require.
A copy of the certificate of the tax commission to the board of county commissioners shall be forwarded to the county auditor.
Immediately after the said Nevada tax commission shall certify the combined tax rate, the board of county commissioners shall by resolution proceed to levy the tax rate required for the next fiscal year, designating the number of cents of each one hundred dollars of property levied for each fund.
Sec. 25. Immediately upon the levy of the tax rate the county clerk shall inform the county auditor of the action of the board of county commissioners and the county auditor shall proceed to extend the tax roll by applying the tax rate levied to the total valuation and ascertaining the total taxes to be collected from each property owner. When said roll has been so extended, and not later than the first day of June of each year, the county auditor shall deliver the same, with his certificate attached, to the ex officio tax receiver of the county.
Sec. 26. On delivering the assessment roll to the ex officio tax receiver, the auditor shall charge him with the full amount of the taxes levied, and he shall forthwith transmit by mail to the state controller a statement showing the assessed valuation of all property in the county and the amount of taxes levied thereon for state and county purposes.
Sec. 27. The several county treasurers of this state shall be ex officio tax receivers, under the provisions of this act, for their several counties and they shall receive all taxes assessed upon the real property tax roll.
Sec. 28. Upon receiving the assessment roll from the auditor, the ex officio tax receiver shall proceed to receive taxes, and shall forthwith give notice, by publication in some newspaper published in his county, and if none be so published then by posting notices in three public and conspicuous places in the county, (1) that taxes will be due and payable on the first Monday of July; (2) that said taxes may from and after the first Monday of July, and thereafter be paid in four equal quarterly installments as follows, to wit: On or before the first Monday of July, the first Monday of October, the first Monday of January and the first Monday of March; (3) that if any person charged with taxes which are a lien on real estate shall fail to pay one-quarter of said taxes on or before the first Monday of July, then there shall be added thereto a penalty of two (2%) percent on said first installment; that should said first and second quarter of taxes, together with accumulated penalties, be not paid on or before the first Monday of October, then there shall be added thereto a penalty of three (3%) percent on the said first and second quarters of said taxes; that in the event the first, second and third quarters of said taxes, together with accumulated penalties, are not paid on the first Monday of January, then and in that event there shall be added to said three-quarters of said taxes then due a penalty of four (4%) percent on the three quarters due; that in the event the full amount of said taxes, together with accumulated penalties, are not paid on or before the first Monday of March, then and in that event there shall be added thereto a penalty of five (5%) percent on the total amount of taxes due.
κ1953 Statutes of Nevada, Page 609 (CHAPTER 344, SB 182)κ
four equal quarterly installments as follows, to wit: On or before the first Monday of July, the first Monday of October, the first Monday of January and the first Monday of March; (3) that if any person charged with taxes which are a lien on real estate shall fail to pay one-quarter of said taxes on or before the first Monday of July, then there shall be added thereto a penalty of two (2%) percent on said first installment; that should said first and second quarter of taxes, together with accumulated penalties, be not paid on or before the first Monday of October, then there shall be added thereto a penalty of three (3%) percent on the said first and second quarters of said taxes; that in the event the first, second and third quarters of said taxes, together with accumulated penalties, are not paid on the first Monday of January, then and in that event there shall be added to said three-quarters of said taxes then due a penalty of four (4%) percent on the three quarters due; that in the event the full amount of said taxes, together with accumulated penalties, are not paid on or before the first Monday of March, then and in that event there shall be added thereto a penalty of five (5%) percent on the total amount of taxes due.
Sec. 29. Whenever any tax is paid to the ex officio tax receiver he shall mark the word paid and date of payment on the assessment roll opposite the name of the person or the description of the property liable for such taxes and shall give a receipt therefor.
Sec. 30. The county treasurer must, at least once each quarter, and at such intervals as may be required by the board of county commissioners apportion all the money that shall have come into his hands, as ex officio tax receiver, since the last apportionment into several funds, as provided by law, and shall make out a statement of the same, under oath and transmit said statement to the auditor to be by him filed in his office.
Sec. 31. On the fourth Monday in April of each year the ex officio tax receiver shall attend at the office of the county auditor with the assessment roll and the auditor shall then and there administer to the ex officio tax receiver an oath, which shall be written and subscribed on the assessment roll, to the effect that each person and all property assessed on the roll on which taxes have been paid has the word paid, and the date of payment marked opposite the name of such person or the description of such property; that each person and all property assessed on said roll on which taxes have been stricken by the order of the board of county commissioners have such word marked opposite the taxes so stricken; that all property which became delinquent has the word delinquent marked opposite the same.
Sec. 32. Within ten days after such report the treasurer shall transmit, by mail or otherwise, to the state controller a statement in such form as the controller may require of all the particular kind of property delinquent, and the total amount of delinquent tax.
Sec. 33. If any treasurer and ex officio tax receiver shall refuse, for a period of five days, or willfully neglect to make the statement to the auditor of his county, as in this act required, he and his sureties shall be liable to pay the full amount of taxes charged upon the assessment roll, and the district or prosecuting attorney, of his own volition, or on being instructed to do so by the state controller or the board of county commissioners, shall cause suit to be brought against said treasurer and ex officio tax receiver and his sureties for the full amount due on the auditors books.
κ1953 Statutes of Nevada, Page 610 (CHAPTER 344, SB 182)κ
volition, or on being instructed to do so by the state controller or the board of county commissioners, shall cause suit to be brought against said treasurer and ex officio tax receiver and his sureties for the full amount due on the auditors books. And if such suit is commenced, no credit or allowance whatever shall be made to such refusing or neglecting treasurer and ex officio tax receiver for the taxes outstanding.
Sec. 34. Immediately after the first Monday in March of each year, in all cases where the delinquent tax, exclusive of poll taxes, penalties, and assessments of benefits of irrigation districts, does not exceed the sum of three thousand ($3,000) dollars, the tax receiver of the county shall give the notice in the manner and form provided in this section.
Such notice shall be published in a newspaper, if there be one in the county, at least once a week from the date thereof until the second Monday in April, and if there be no newspaper in the county, such notice shall be posted in at least five conspicuous places within the county; provided, that the cost of publication in each case shall be charged to the delinquent taxpayer, and shall, in no case, be a charge against the state or county; and provided further, that such publication shall be made at not more than legal rates; and provided further, that when the delinquent property consists of unimproved real estate assessed at not to exceed twenty-five ($25) dollars, the notice shall be given by posting a copy of the same in three conspicuous places within the county without publishing the same in a newspaper. Such notice shall specify and give:
First-The name of owner, if known.
Second-The description of the property on which such taxes are a lien.
Third-The amount of the taxes due on said property and the penalties and costs as provided by law.
Fourth-That (if said amount is not paid by the taxpayer or his successor in interest) the tax receiver will, on the second Monday in April of the current year at 1:30 oclock in the afternoon of said day, issue to the county treasurer, as trustee for the state and county, a certificate authorizing him to hold said property, subject to redemption within two years after date thereof, by payment of said taxes and accruing taxes, penalties, and costs, together with interest at the rate of ten (10%) percent per annum from date due until paid as provided by law, and that such redemption may be made in accordance with the provisions of the civil practice act of this state in regard to real property sold under execution. At the same time that the said officer shall first publish said notice or post the same, as the case may be, he shall send a copy of the same by registered mail, in the case of each respective property as taxed to the owner or owners thereof, and also to the person or persons listed as the taxpayer or taxpayers thereon, on the tax rolls, at their last-known address, if such names and addresses are known. In addition a second copy shall be sent in the same manner as in the case of the first copy, not less than 60 days before the expiration of the period of redemption as stated in the notice.
κ1953 Statutes of Nevada, Page 611 (CHAPTER 344, SB 182)κ
Sec. 35. The tax receiver of the county shall, pursuant to the notice given as provided in section 34 of this act and at the time so noticed, make out his certificate authorizing the county treasurer as trustee for the state and county to hold the property described therein for the period of two years after the date thereof, unless sooner redeemed. The certificate should specify the amount of delinquency including the amount and year of assessment, and the taxes and the penalties and costs added thereto, and that interest thereon will be added at the rate of ten percent (10%) per annum from the date due until paid, and the name of the owner or taxpayer if known. Such certificate shall state, and it is hereby provided, that the said property may be redeemed within two years from its date, and that if not redeemed the title to the property shall vest in the county for the benefit of the state and county. Until the expiration of the period of redemption, the property held pursuant to said certificate shall be assessed to the county treasurer as trustee annually, and before the owner or his successor shall redeem such property he shall also pay the county treasurer holding the certificate as aforesaid any additional taxes assessed and accrued against the property after the date of the certificate, together with the interest thereon at the rate of ten percent (10%) per annum from the date due until paid.
Sec. 36. On the third Monday in May of each year following the redemption period as set forth in section 35 of this act the ex officio tax receiver shall attend at the office of the county auditor with the assessment roll and shall render an account under oath to the county auditor as to the amount of the taxes paid on said roll, the amount of taxes stricken by the board of county commissioners and the amount of taxes delinquent on said roll.
The auditor shall audit said account and make a final settlement with the ex officio tax receiver of all taxes charged against him on account of said assessment roll.
Sec. 37. If the property is not redeemed within the time allowed by law for its redemption, the tax receiver, or his successor in office must make to the treasurer as trustee for the state and county a deed of the property reciting in the deed substantially the matters contained in the certificate of sale, and that no person has redeemed the property during the time allowed for its redemption; provided, that such deeds hereafter issued shall be recorded in the office of the county recorder within thirty days from the date of expiration of the period of redemption. All such deeds, whether theretofore or hereafter issued, are primary evidence that the property was assessed as required by law; that the property was equalized as required by law; that the taxes were levied in accordance with law; that the taxes were not paid; that at a proper time and place the property was sold as prescribed by law, and by proper officer; that the property was not redeemed; that the person who executed the deed was the proper officer; that where the real estate was sold to pay taxes on personal property, the real estate belonged to the person liable to pay the tax; and are (except as against actual fraud) conclusive evidence of the regularity of all other proceedings, from the assessment by the assessor, inclusive, up to the execution of the deed.
κ1953 Statutes of Nevada, Page 612 (CHAPTER 344, SB 182)κ
Such deed conveys to the treasurer as trustee for the state and county the property described therein, free of all encumbrances, except any lien for any taxes or assessments heretofore or hereafter levied by any irrigation or other district for irrigation or other district purposes, and except interest and penalties on the same except when the land is owned by the United States, or this state, in which case it is prima-facie evidence of the right of possession accrued as of the date of the deed to the purchaser, but without prejudice to the lien for such other taxes or assessments, or the claim of any such district for such interest or penalties. No tax heretofore or hereafter assessed upon any property, or sale therefor, shall be held invalid by any court of this state on account of any irregularity in any assessment, or on account of any assessment or tax roll not having been made or proceeding had within the time required by law, or on account of any other irregularity, informality, omission, mistake or want of any matter of form or substance in any proceedings which the legislature might have dispensed with in the first place if it had seen fit so to do, and that does not affect the substantial property rights of persons whose property is taxed; and all such proceedings in assessing and levying taxes, and in the sale and conveyance therefor, shall be presumed by all the courts of this state to be legal until the contrary is affirmatively shown. No action or counterclaim for the recovery of lands sold for taxes shall lie unless the same be brought or interposed within three years after the execution and delivery of the deed therefor by the treasurer, any law to the contrary notwithstanding.
Sec. 38. At any time after the first day of June and before the institution of suit, as in this act provided, and before the sale of the property, any delinquent taxpayer may pay to the ex officio tax receiver the taxes assessed against said delinquent, together with the penalties and costs provided by law, taking from the ex officio tax receiver a receipt for the amount paid. In cases where suit has been required, such receipt shall be filed with the district attorney of the county.
Sec. 39. After having been served by any person with the tax receipt of the ex officio tax receiver for the total amount of the taxes, penalties, and costs due from such person or upon a piece of property, the district attorney shall not commence the suit authorized by this act against such person or property; provided, that if any person shall fail to serve said receipt, said person shall pay all costs that may result from his or her negligence.
Sec. 40. The additional penalties and costs hereinbefore or hereinafter provided for shall be paid into the county general fund for the use of the county.
Sec. 41. The treasurer shall, within three days after making the delinquent list in March of each year, make out and deliver to the district attorney of his county, a list duly certified to by him of all delinquencies to be collected by suit, charging him therewith and unless the delinquent taxes therein specified, together with penalties, and costs, are paid to the treasurer, as ex officio tax receiver, within twenty days, action will be commenced by the district attorney for the collection of said taxes, penalties and costs.
κ1953 Statutes of Nevada, Page 613 (CHAPTER 344, SB 182)κ
Sec. 42. The district or prosecuting attorney, before receiving the delinquent list, as provided in the preceding section, shall enter into such additional bonds as may be required by the board of county commissioners. The said delinquent list, or a copy thereof, certified by the county treasurer and showing unpaid taxes against any person or property shall be prima-facie evidence in any court to prove the assessment, property assessed, the delinquency, the amount of taxes due and unpaid, and that all the forms of law in relation to the assessment and levy of such taxes have been complied with.
Sec. 43. The district or prosecuting attorneys of the several counties of this state are hereby authorized and directed, immediately after the time specified in section 41 of this act, to commence action in the name of the State of Nevada against the person or persons so delinquent, and against all owners, known or unknown, to recover such delinquent taxes in all cases where suit is required. Such actions may be commenced in the county where the assessment is made, before any court in said county having jurisdiction of the amount thereof, and such jurisdiction shall be determined solely by the amount of delinquent taxes, exclusive of poll taxes and penalties sued for, without regard to the location of the lands or other property as to townships, cities or districts, and without regard to the residence of the person or persons, or owner or owners, known or unknown.
Sec. 44. The complaint in said action may be as follows in form:
State of Nevada, county of . (title of court).
The State of Nevada v. A. B. & Co., and the real estate and improvements in (describing them). The State of Nevada, by C. D., district attorney of the county of ., complains of A. B. and also the real estate and improvements (describing them with the same particularity as in actions of ejectment, or actions for the recovery of personal property), and for cause of action says that between the first day in July and the second day in January, A. D., one thousand nine hundred and ....., in the county of ., in the State of Nevada, E. T., then and there being county assessor of said county, did duly assess and put down on an assessment roll all the real and personal property in said county subject to taxation, and that said assessment roll was afterward submitted to the board of equalization of said county, and was by said board duly equalized as provided by law; that said A. B. was then and there the owner of, and that there was duly assessed to him the above-described real estate, improvements upon real estate and certain personal property, and that upon such property there has been duly levied for the fiscal year A. D., nineteen hundred and .., a state tax of . dollars, and a county tax of . dollars, amounting in the whole to . dollars, all of which is due and unpaid; of which amount . dollars was duly assessed and levied against the real estate, and . dollars against the improvements aforesaid, and . dollars against the personal property.
Wherefore, said plaintiff prays judgment against A. B. for the sum of . dollars (the whole of said tax) and all penalties and costs, and a separate judgment against said real estate and improvements, for the sum of .
κ1953 Statutes of Nevada, Page 614 (CHAPTER 344, SB 182)κ
for the sum of . dollars (the tax due on real estate, improvements, and personal property) and all penalties and costs, as provided by law, and for such other judgment as to justice belongs, and for all costs subsequent to the assessment of said taxes, and of this action.
C. D., district attorney, county of ........................................... .
Sec. 45. In all suits brought by the district or prosecuting attorney of his county, or the attorney of incorporated cities and towns, for delinquent taxes, the said district attorney is hereby authorized and empowered to make, in the summons and complaint, additional and more certain description than that contained in the assessment roll of the real property assessed and upon which suit is brought for the taxes due thereon, as he may deem proper, whether the same is an estate in fee, possessory claims, or claim to or right of possession to any lands; and where such additional description is made, evidence may be introduced to prove that the property described in the summons and complaint is the same property as that described in the assessment roll; provided, that the complaint and summons shall aver such fact, and the judgment and execution, and all proceedings, thereafter, shall follow the description given in the assessment roll, and the additional description given in the summons and complaint.
Sec. 46. Upon a complaint in a district court, a summons shall be issued as provided in other civil cases, except that it shall require the defendant and all owners of or claimants to any real estate or improvements described in the summons, known or unknown, to appear and answer the complaint filed in said court on a day certain, which day shall not be less than thirty nor more than forty days from the date of the summons. The summons so issued shall be served by the sheriff, as follows:
First-As to the personal defendant, by delivering to and leaving with him a copy of the summons if found within the county. If the personal defendant cannot, after diligent search, be found within the county, then service may be made upon such personal defendant by publishing a notice, substantially in the form hereinafter described, in some newspaper published in the county, if there be one, once each week for three successive weeks, and in case no newspaper is published in the county, or in case a newspaper is published in the county, and from any cause whatever, the proprietor, manager or chief clerk of such newspaper refuse to publish the same (such facts to be shown by affidavit of the officer serving said summons), then the notice hereinafter prescribed may be posted at the courthouse door of the county in which the said suit is commenced, for twenty-one days, and no order of court shall be necessary for such publication or posting, but it shall be the duty of the sheriff to publish or post said notice as herein provided, when the personal defendant cannot be found within the county, and to return the manner of service on the summons.
Second-As to real estate and improvements thereon, or improvements when assessed to a person other than the owner of the real estate, and as to all owners of or claimants to the same, known or unknown, service of the summons may be made by posting a copy of the summons in some public place on the real estate, or improvements, when assessed separately, for twenty-one days, and also by publishing or posting a notice in the same manner and for the same time as required in cases where the personal defendant cannot be found in the county.
κ1953 Statutes of Nevada, Page 615 (CHAPTER 344, SB 182)κ
in some public place on the real estate, or improvements, when assessed separately, for twenty-one days, and also by publishing or posting a notice in the same manner and for the same time as required in cases where the personal defendant cannot be found in the county. The last publication of the notice, and the last day of the twenty-one days which the copy of the summons is required to be posted, shall expire at least ten days before the return day named in the summons. No other or further service shall be required, and the return of the officer, showing a service of the summons upon the defendant named, the real estate and improvements thereon, when assessed separately, and upon all owners of and claimants to the same, known, or unknown. If, on the return day named in the summons, the personal defendant fail to appear and answer the complaint, his default may be entered and final judgment entered by the clerk, as in other civil cases, for the amount of taxes with penalties and costs, as provided by law; and if, upon the return day, no person appear and answer for the real estate and improvements thereon, or for the improvements when assessed separately, then the default of the said real estate and improvements thereon, or of the improvements when assessed separately, and of all owners of or claimants to the same, known or unknown; may be entered and final judgment rendered as in other civil cases. The notice required to be published or posted shall be substantially in the following form, and may include any number of cases in which the return day of the summons shall be the same:
State of Nevada, county of ., district attorneys office.
Notice of Suits Commenced-To the following named defendants, and to all owners of, or claimants to the real estate and improvements, when assessed separately, hereinafter described, known or unknown. You are hereby notified that suits have been commenced in (name of court where held, etc.) by the State of Nevada, plaintiff, against each of the defendants hereinafter named, and each of the following described tracts or parcels of land with the improvements thereon, and improvements when separately assessed, and all owners of, or claimants to the same, known or unknown, to recover the tax and delinquency assessed to said defendant against said property, for the fiscal year commencing ., and ending ., and that a summons has been duly issued in each case; and you are further notified that unless you appear and answer the complaint filed in said cause, on or before the ... day of ., 19 .., judgment will be taken against you and the real estate and improvements herein described, for the amount of tax and delinquency specified, and cost of suit, tax and delinquency A. B. (describe real estate and improvements as in summons) $.......... C. D., personal property, assesses at $............
C. D., district attorney, ............................................... county.
It shall be the duty of the district attorney to file in the office of the county recorder a copy of each notice, published or posted, with the affidavit of the publisher or foreman in the office setting forth the date of each publication of the notice, in the paper in which the same was published; and the officers shall file a copy of the notices posted, with an affidavit of the time and place of posting, which copies so filed as aforesaid or certified copies thereof, shall be prima-facie evidence of all the facts therein contained, or contained in the affidavit, in all courts in the state.
κ1953 Statutes of Nevada, Page 616 (CHAPTER 344, SB 182)κ
with an affidavit of the time and place of posting, which copies so filed as aforesaid or certified copies thereof, shall be prima-facie evidence of all the facts therein contained, or contained in the affidavit, in all courts in the state. The publishers shall be entitled to not more than the legal rate for each case for publishing said notice, including the making of the affidavit. The recorder shall be entitled to fifty ($0.50) cents for filing each notice of publication, including affidavit; and said sums so allowed shall be taxed and collected as other costs in the case, from the defendant, and in no case shall they be charged against or collected from the county or state.
Sec. 47. The defendant may answer, which answer shall be verified:
First-That the taxes and penalties have been paid before suit.
Second-That the taxes with penalties and costs have been paid since suit, or that such property is exempt from taxation under the provisions of section 1 of this act.
Third-Denying all claim title, or interest in the property assessed at the time of the assessment.
Fourth-That the land is situate in, and has been duly assessed in another county, and the taxes thereon paid.
Fifth-Fraud in the assessment, or that the assessment is out of proportion to and above the actual cash value of the property assessed; provided, however, that in such last-mentioned case, where the defense is based upon the ground that the assessment is above the actual cash value of the property, the defense shall only be effectual as to the proportion of the tax based upon such excess of valuation; but in no such case shall an entire assessment be declared void.
Sec. 48. In case judgment is rendered for the defendant, it shall be general, without costs, and may be entered in favor of some one or more of them, and against others, as in other civil cases; but when defendants have no claim or title to the property at the time of assessment, judgment may, notwithstanding, be entered against the property by continuing the suit and summoning the owner, known or unkown, as provided in section 46 of this act. In case judgment is rendered for plaintiff, it may be entered against such defendant or defendants as are found liable for the tax, and for such portions as he or they may be found liable for. Judgment may be entered against the real estate, improvements and personal property for the taxes, penalties and costs severally due thereon; and when it appears from the assessment roll, and is not disproved at the trial, that the real estate, improvements, and personal property belonged to the same person or persons at the time the assessments were made, then the whole tax of such person or persons for that year may be recovered out of any such real estate, improvements, or personal property, or out of any other property of the defendant or defendants, at the time of levy under execution; provided, that upon such real estate and improvements assessed, a lien shall attach thereon for the taxes and penalties due upon the personal property, and shall not be released from such lien until all taxes, penalties and costs are paid, as provided in section 2 of this act. Such judgment shall be a lien as aforesaid, as in other civil cases where judgments are rendered in the district court.
κ1953 Statutes of Nevada, Page 617 (CHAPTER 344, SB 182)κ
judgment shall be a lien as aforesaid, as in other civil cases where judgments are rendered in the district court. Such lien shall not be extinguished until the delinquent tax, penalties and costs of suit and sale shall have been paid. The clerk of the district court may issue execution upon judgments rendered in his court as in other civil cases. Judgment may be rendered by default, for want of an answer, as in other civil cases. In case any person shall be sued for taxes on any lands or improvements of which he was the owner, or in which he had a claim or interest at the time of the institution of suit, and shall be discharged from personal liability, under an answer in conformity with the third subdivision of section 47 of this act, and such lands or improvements shall be sold under a judgment obtained against it, and shall thereafter be redeemed by such discharged defendant, or if he shall pay the taxes and costs to prevent a sale, then such personally discharged defendant shall have, and is hereby given, the right of recovery over against the owner at the time of the assessment, or any subsequent purchaser, for the full sum of all taxes, penalties and costs, or redemption money paid. And no court shall in any action now or hereafter instituted under this act, award liquidated or other damages; and the receipt of the district attorney for taxes, penalties and costs, or of the ex officio tax receiver, for the redemption money, shall be prima-facie evidence of the debt and of its amount; provided further, the tax receiver and all officers are empowered and directed to accept taxes due, exclusive of penalties, interest and taxes, if the property has not been sold by reason of such delinquency.
Sec. 49. The civil practice act of the State of Nevada, and the rules for civil procedure in the district courts of this state, so far as the same are not inconsistent with the provisions of this act, are hereby made applicable to the proceedings under this act, and any deed derived from the sale of real property under this act shall be conclusive evidence of the title, except as against actual frauds or the payment of the taxes by one not a party to the action or judgment in or upon which such sale was made, and shall entitle the holder thereof to possession of such property, which possession may be obtained by action in a justices court for the unlawful withholding whereof in the same manner as where tenants hold over after the expiration of their lease.
Sec. 50. It shall be the duty of the treasurer of the several counties of this state to take certificates to be issued to them under the provisions of section 35 of this act. When the time allowed by law for redemption shall have expired, and no redemption shall have been made, the officer who issued such certificate shall execute and deliver to such treasurer a deed of the property described in each respective certificate in trust as aforesaid for the use and benefit of the state and county and any officers having fees due them in such cases; and such treasurer, and his successors in office, upon obtaining a deed of any property, in trust as aforesaid, under the provisions of this act, shall hold such property in trust until the same is sold, pursuant to the provisions of this act.
Any property held in trust by any county treasurer by virtue of any deed made pursuant to the provisions of this act may be sold and conveyed in the manner hereinafter prescribed.
κ1953 Statutes of Nevada, Page 618 (CHAPTER 344, SB 182)κ
any deed made pursuant to the provisions of this act may be sold and conveyed in the manner hereinafter prescribed.
1. The board of county commissioners of the county may make an order to be entered on the record of its proceedings directing the county treasurer to sell the property particularly described therein after giving notice of sale in the same manner as is provided by law for the sale of such property having an assessed valuation less than five hundred ($500) dollars, for a total amount not less than the amount of the taxes, costs, penalties, and interest legally chargeable against such property, as stated in the order, and upon compliance with such order said officer shall make, execute, and deliver to any purchaser upon payment to him, as trustee as aforesaid, of a consideration not less than that specified in the order, an absolute deed, discharged of any trust of the property mentioned in such order. Before delivering any such deed, it is hereby made the duty of such treasurer to record same at the expense of the purchaser. All such deeds whether heretofore or hereafter issued are primary evidence of the regularity of all proceedings relating to the order of the county commissioners; notice of sale, and the sale of said property; but no such deed shall hereafter be executed and delivered by said treasurer until he shall have filed at the expense of the purchaser, with the clerk of the board of county commissioners, proper affidavits of posting and of publication of notice of sale, as the case may be, together with his return of sale, duly verified, showing compliance with the order of the commissioners, which said return shall constitute primary evidence of the facts recited therein. If such deed when regularly issued be not recorded in that office of the county recorder, such deed, and all proceedings relating thereto, shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same property, or any portion thereof, when his own conveyance shall be first duly recorded. The county commissioners shall provide said clerks with a record book in which shall be indexed the name of each purchaser, together with the date of sale, a description of the property sold, a reference to the book and page of the minutes of the county commissioners where the order of sale is recorded, and the file number of the affidavits and return.
Sec. 51. While such property is held in trust, as in this act provided, such treasurer, or his successor in office, shall collect any rents arising from the property during the time such property is subject to redemption; and after the time of redemption has expired, until such property can be sold, he may rent the same, with the approval of the board of commissioners, for a price to be fixed in their minutes. Such rents shall be paid out by the treasurer, or his successor in office, as follows:
First-To the payment of costs and taxes for which it was sold, with the percentage allowed for redemption.
Second-To the payment of any taxes afterward accruing upon such property.
Third-Any balance shall be paid into the general fund of his county. The price for which any property shall be sold shall be appropriated in the same manner as the rents are directed to be paid in this section.
κ1953 Statutes of Nevada, Page 619 (CHAPTER 344, SB 182)κ
priated in the same manner as the rents are directed to be paid in this section. The treasurer, or his successor in office, shall file in the office of the county auditor, a monthly statement, on the first Monday in each month, of the amount of property sold and rents collected during the past month; and upon any money being paid him for purchase or rent, shall give a statement of the amount thereof to the person, who shall file the same with the county auditor; and such auditor shall give the person paying such money a receipt for the same, as having been paid to the treasurer, and expressing the purpose of consideration upon which such payment was made.
Sec. 52. During the time such county treasurer holds certificates for any property under the provisions of this act and until the expiration of the period of redemption limited therein, it shall be annually assessed to such treasurer, and his successors in office, in the same manner that the taxable property of private persons is assessed, except that such assessment shall express that it is made against him as a trustee. But no proceedings shall be taken to enforce the collection of such taxes against the trustee. When the property is sold or rented for sufficient to pay the taxes and costs legally chargeable against such property, then the same shall be, by the trustee, fully paid.
Sec. 53. The county treasurer, for his services under this act, shall be allowed, upon the sale of any parcel of property held by him in trust or out of its rents, a reasonable compensation for his trouble, to be fixed by the board of commissioners in each case; and out of the sale price or rents of any property of which he is trustee, the treasurer shall pay the costs due any officer for the enforcement of the tax upon such parcel of property and all taxes owing thereon; and upon the redemption of any property from him as trustee, shall pay the redemption money over to any officers having fees due them from such parcels of property and pay the tax for which it was sold and redemption percentage according to the proportion such fees respectively bear to such tax. In no case shall any service rendered by any officer under this act become or be allowed as a charge against the county, nor shall the sale price or rent, or redemption money of any one parcel of property be appropriated to pay any cost or tax upon any other parcel of property than that so sold, rented or redeemed; and after paying all the tax and costs upon any one parcel of property, any balance remaining in the hands of the trustee shall by him be paid into the general fund of the county.
Sec. 54. Every county treasurer and his successor in office, becoming trustees under the provisions of this act, shall be liable upon his and their official bond for any misfeasance, malfeasance, failure or neglect to perform faithfully all the duties of their trust.
Sec. 55. There shall be allowed to all officers, except district or prosecuting attorneys, the same fees as are allowed in other civil cases. All officers shall perform such services as may be required of them under this act without the payment of fees in advance. All costs shall be taxed and entered in the judgment against the person and the real estate and the improvements, when the judgment is the same against all; but if the judgment against the person and the property is for different sums, then the costs may be apportioned by the court as the same may be deemed just; provided, that no fees or costs shall be paid to any officer unless the same be collected from the defendant except when property sold for taxes is purchased by the county, in which case the said county shall pay all fees and costs properly charged or taxed against such property, and the board of commissioners shall allow the fees and costs provided for in this section, and direct the same to be paid out of the general fund of the county.
κ1953 Statutes of Nevada, Page 620 (CHAPTER 344, SB 182)κ
different sums, then the costs may be apportioned by the court as the same may be deemed just; provided, that no fees or costs shall be paid to any officer unless the same be collected from the defendant except when property sold for taxes is purchased by the county, in which case the said county shall pay all fees and costs properly charged or taxed against such property, and the board of commissioners shall allow the fees and costs provided for in this section, and direct the same to be paid out of the general fund of the county.
Sec. 56. The district or prosecuting attorney shall, on the receipt of any money for taxes, enter the same on his delinquent list, opposite the description of the property, and shall, on Monday in each week, after the time fixed in this act for the commencement of actions against delinquent taxpayers, pay to the county treasurer all moneys collected by him for taxes, taking a receipt for the amounts so paid, and shall at the same time file with the county auditor a list of all judgments obtained by him up to the date for taxes under the provisions of this act, stating therein the names of the defendants, if known, or if unknown, a description of the property, the amount of each judgment and the name of the court in which said judgment was obtained. He shall, on the Saturday next preceding the first Monday in September in each year, pay to the county treasurer all moneys received by him from taxes and not previously paid over, taking a receipt therefor, and shall at the same time file with the auditor a list of all judgments obtained by him and not previously filed, as herein provided. He shall also, on the day last mentioned, make and file with the county auditor an affidavit stating that he has paid to the county treasurer all moneys collected by him for taxes prior to that date, and that the several lists filed by him, as herein directed, contain all judgments obtained by him under the provisions of this act.
Sec. 57. On the first Monday of September and May in each fiscal year, the district or prosecuting attorney shall attend at the office of the county auditor with the delinquent list or lists, and the auditor shall then carefully compare the same with the statements filed by the district or prosecuting attorney; and if the same shall be found to be correct, the auditor shall give to the district or prosecuting attorney a receipt specifying the same. The district or prosecuting attorney shall at the same time deliver to the auditor a written statement of all delinquent taxes upon said delinquent list or lists remaining uncollected, or for which suit has not been brought, with his reason in detail for not being able to collect the same, or for not bringing suit; and the auditor shall immediately file the said delinquent list or lists and statement with the clerk of the board of county commissioners, and the board of county commissioners shall revise the same by striking off such taxes as cannot be collected. The delinquent list or lists shall then be returned to the auditor, who shall note the changes made, and shall then return the same to the district or prosecuting attorney, taking his receipt therefor. The county auditor shall, in his report to the state controller, state the amounts stricken off the delinquent list or lists by the board of county commissioners.
Sec. 58. If any district or prosecuting attorney shall fail or refuse to pay to the county treasurer, as provided in this act, any money collected by him for taxes, he shall forfeit his office, and be forthwith removed therefrom, and shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in any sum not exceeding five thousand dollars, or by imprisonment in the county jail for a period not exceeding one year, or by both such fine and imprisonment.
κ1953 Statutes of Nevada, Page 621 (CHAPTER 344, SB 182)κ
to pay to the county treasurer, as provided in this act, any money collected by him for taxes, he shall forfeit his office, and be forthwith removed therefrom, and shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in any sum not exceeding five thousand dollars, or by imprisonment in the county jail for a period not exceeding one year, or by both such fine and imprisonment.
Sec. 59. The county assessor in the several counties in this state, when he assesses the property of any person or persons, company or corporation liable to taxation, who do not own real estate within the county of sufficient value, in the assessors judgment, to pay the taxes on both his or their real and personal property, shall proceed immediately to collect the taxes on the personal property so assessed; but the party paying such taxes shall not be thereby deprived of his right to have such assessment equalized, and if, upon such equalization, the value be reduced, the taxes paid shall be refunded to such party from the county treasury, upon the order of the board of county commissioners, in proportion to the reduction of the value made.
Sec. 60. If the person or persons, company or corporation so assessed shall neglect or refuse to pay such taxes on demand of the assessor, the assessor, or his deputy, shall seize sufficient of the personal property of the person or persons, company or corporation so neglecting or refusing to pay, to satisfy the taxes and costs, and shall post a notice of such seizure, with a description of the property, in three public places in the township or district where it is seized, and shall at the expiration of five days, proceed to sell, at public auction, at the time and place mentioned in the notice, to the highest bidder, for lawful money of the United States, a sufficient quantity of said property to pay the taxes and expenses incurred; and for this service the assessor shall be allowed from the delinquent party a fee of three dollars. Upon payment of the purchase money, he shall deliver to the purchaser of the property sold, with a certificate of the sale, the amount of taxes or assessment, and the expenses thereon, for which the property was sold, whereupon the title of the property so sold shall rest absolutely in the purchaser. If, in any instance, the county assessor shall be unable to find, seize, and sell sufficient of the property of such person, persons, company or corporation to pay such taxes and costs of sale; and such person, persons, company or corporation shall neglect or refuse to turn out to the assessor property sufficient to pay such taxes and costs of sale, it shall be the duty of the assessor, if the sum exceed three hundred dollars, to go before the district court or the judge thereof, at chambers, and in cases of three hundred dollars and less sums, then before a justice of the peace of the township wherein such party may reside, and make affidavit of the fact of assessment, the amount of taxes, the inability to find and seize property sufficient to pay such taxes and costs of sale; also, the fact of neglect or refusal to pay the same, or turn out property sufficient to pay the same and costs of sale. And on the filing of such affidavit, the court or judge, or justice of the peace, as the case may be, shall issue a citation, ordering the party to appear forthwith, or at a subsequent period not to exceed five days, before such court, judge or justice of the peace to answer under oath concerning his property.
κ1953 Statutes of Nevada, Page 622 (CHAPTER 344, SB 182)κ
period not to exceed five days, before such court, judge or justice of the peace to answer under oath concerning his property. Such citation may be served by the assessor, sheriff, or any constable of the county, and shall be served by delivering a copy thereof to such party personally. On the examination, if it shall appear that such party or parties have any money, goods, chattels, or effects, the judge or justice of the peace shall order sufficient thereof to be turned out to the assessor to satisfy such taxes and costs of sale, and also costs of proceeding on the citation; and in case of a willful neglect or refusal by such party either to obey the order of citation or the order to pay, or to turn out property aforesaid, such party or parties shall be deemed in contempt of such court, judge, or justice of the peace, and may be proceeded against as in other cases of contempt, in civil cases in the courts of justice in this state. For service under the provisions of this section, such fees shall be allowed as for similar services in civil cases, to be collected only from parties owing such taxes. In other respects than herein provided, the proceedings under this section shall be conducted as provided in the civil practice act of this state regulating proceedings supplemental to executions; and in case it appears from the affidavit of the assessor that such person or persons owing such taxes is about to absent from the county, or is about to convey his property with intent fraudulently, to evade the payment of such taxes, in such cases the citation herein mentioned may direct the officer serving the same, to arrest such party or parties and bring him, her or them before the court, judge or justice of the peace issuing the same. It shall not be lawful for a party served with the citation mentioned in this section, to sell or transfer his, her or their property or effects, so as to defeat the collection of taxes mentioned, or costs, or any part thereof. Any person or persons so doing shall be deemed guilty of a misdemeanor, and on conviction thereof shall pay a fine not to exceed two hundred dollars; and should the said taxes fail to be collected by such process, then no future liability shall attach to said assessor therefor.
Sec. 61. Notwithstanding the provisions of section 60 of this act, and in addition to and in lieu thereof, the district attorney of the proper county may bring a civil action in a court of competent jurisdiction therein for the recovery of the personal property tax subject of such action; provided, that in cases where personal property taxes, assessed to the same owner of migratory property and assessed upon such property and it is used and operated in more than one county of this state, are due, owing, and unpaid therein for the then current fiscal year or for not exceeding four years prior thereto, the district attorneys of each of such counties and/or the attorney general may consolidate all civil actions brought against said owner for the recovery of all or any portion of said delinquent taxes in one civil action brought in a court of competent jurisdiction in the county of Ormsby, State of Nevada, and any judgment recovered, when satisfied, shall be paid to each county involved and to the state as their several interests may appear; provided further, that where a nonresident of the state, owner of said migratory property, is defendant in any such action and judgment is recovered against such owner, such judgment shall be and become a lien on any property of such owner then or thereafter found within the state.
κ1953 Statutes of Nevada, Page 623 (CHAPTER 344, SB 182)κ
action and judgment is recovered against such owner, such judgment shall be and become a lien on any property of such owner then or thereafter found within the state.
Any court in which the civil action provided in this section is brought shall have jurisdiction to try and determine such action notwithstanding no property of the defendant can be found within the state at the time of the commencement of the action or thereafter.
Sec. 62. The assessor shall, on or before the fifteenth day of each month, return to the auditor a list of all collections made under the provisions of sections 59 and 60 of this act, under oath, and shall, at the same time, return all the original schedules of assessment of such property made the previous month, which schedules, after comparing with the sworn list of collections, the auditor shall file in his office, and shall enter upon the assessment roll of his county for that year, when the same shall have come into his hands, and mark the word paid opposite the name of each party whose taxes are so paid. It shall also be the duty of the assessor, on the first Monday of each month, to pay over to the treasurer of the county all moneys collected under the provisions of sections 59 and 60 of this act, taking duplicate receipts from said treasurer for the amount so paid, one of which receipts the assessor shall file with the auditor.
Sec. 63. Should the county assessor neglect or refuse to make the monthly statements of his collections of movable personal property tax, as required by law, or to file the original schedules of his assessments of such property, he shall be guilty of a misdemeanor in office, and shall, on conviction, be liable to a fine of not less than one hundred dollars nor more than five hundred dollars, and imprisonment in the county jail for not less than ten and not more than one hundred days or both such fine and imprisonment, and shall be removed from office. In case of such neglect and refusal, the county auditor shall immediately inform the district attorney of his county of such facts, whose duty it is hereby made to commence proceedings against the assessor under this section.
Sec. 64. It is made the duty of the state controller to prepare suitable blank receipts, to be issued by the several county assessors on the payment of them of the taxes on movable personal property. Such blank tax receipts shall be of the form selected by the controller, and shall be consecutively numbered by him for each county, and shall be countersigned by the county auditor.
Sec. 65. Before the first of September in each year, the state controller shall transmit to the several county auditors a sufficient number of said blank tax receipts for use in each county. The county auditor, on receiving such tax receipts, shall receipt to the controller for the number so received, and shall immediately countersign and deliver them to the county assessor, taking his receipt for the number so delivered.
Sec. 66. Should the county assessor give any other receipt on the payment to him of any tax on movable personal property than that provided for in this act, he shall be guilty of a felony, and on conviction thereof shall be punished by imprisonment in the state prison for a term of not less than one year or more than five years, and shall be removed from office.
κ1953 Statutes of Nevada, Page 624 (CHAPTER 344, SB 182)κ
a term of not less than one year or more than five years, and shall be removed from office.
Sec. 67. The county auditor shall be liable on his official bonds for double the amount of the loss that the state and county may sustain through the defalcation of the assessor, or otherwise, in cases where he has not notified the district attorney of the neglect or refusal of the assessor to make his monthly statement, under oath, of collection of the tax on movable personal property, as required by law. The state controller shall have direction and control of all suits brought against the county auditor under this act, and a copy of the statement of amount lost by the state and county, made out, and certified by the controller, with the official seal affixed thereto, shall be sufficient evidence to support an action in any court of competent jurisdiction for the amount of such loss, without proof of the signature or official character of such controller, subject, however, to the right of the defendant to plead and give in evidence as in other actions, all such matters as shall be legal and proper for his defense or discharge. All moneys recovered under such suit against the county auditor shall go, one-half into the general fund of the state, and one-half into the general fund of the county.
Sec. 68. On the first Monday of July of each year, the assessor shall return to the county auditor all blank receipts for taxes on movable personal property received by him and not used, and also all stubs of the receipts used; and the county auditor, after comparing the stubs of the receipts used with the monthly sworn statement made by the assessor, and the original schedules of assessment of movable personal property on file in his office, shall immediately return such unused receipts and said stubs to the state controller.
Sec. 69. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed insofar as such inconsistency exists.
Sec. 70. For purpose of putting this act in effect, the assessment roll prepared in the calendar year 1954 shall be, unchanged, the basis for the assessment roll for the fiscal year 1955-1956; that is to say, the assessment roll prepared for the calendar year of 1954 shall be copied, unchanged, into the 1955-1956 assessment roll. Any law of the State of Nevada to the contrary notwithstanding, all property shall be considered assessed for the calendar year 1955.
Taxes levied on the basis of the 1954 assessment roll shall be collected only to the extent of one-half thereof; that is to say, the installments of taxes due prior to the first Monday in December 1954 and the first Monday in March 1955, shall be collected, but the installments due prior to the first Mondays of June and August 1955, shall be marked by the county treasurer and ex officio tax receiver considered paid.
For all other purposes, this act shall be effective January 1, 1955.
Sec. 71. This act shall not be construed to repeal or to limit in any way the provisions of chapter 77 of the 1949 Statutes of Nevada.
________
κ1953 Statutes of Nevada, Page 625κ
Assembly Bill No. 62Washoe County Delegation.
CHAPTER 345
AN ACT authorizing the county commissioners of Washoe county, Nevada, to enter into agreements with the United States, its departments or agencies, respecting reef removal and channeling in the Truckee river, and empowering the county commissioners to make such agreements for periods of time extending beyond their terms of office; declaring inconsistent acts not applicable insofar as they conflict; and other matters properly relating thereto.
[Approved March 30, 1953]
Whereas, The problem of reef removal on the Truckee river concerns jointly the county of Washoe and the United States, and requires the concerted action of both; and
Whereas, It is necessary that arrangements be made for concerted effort extending over a period of years; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county commissioners of Washoe county are hereby authorized to enter into agreements with the United States, its departments or agencies, respecting the removal of reefs in the bed of and channeling of the Truckee river in Washoe county, in such form and with such provisions as may be agreed.
Sec. 2. The county of Washoe, by and through its county commissioners, in accepting the agreements entered into, shall be bound and obligated to perform the agreements fully as to all the terms thereof for the duration of the agreements.
Sec. 3. The county commissioners of Washoe county are hereby specifically empowered and authorized to enter into and perform the aforesaid agreements notwithstanding the limitations or provisions of that certain act entitled, An act in relation to county contracts, approved March 16, 1895, and being sections 1973 and 1974, N.C.L. 1929. All acts or parts of acts inconsistent with this act are hereby declared not applicable insofar as they are inconsistent with this act.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 205Committee on Banks, Banking and Corporations.
CHAPTER 346
AN ACT to regulate sales of certain vehicles and other matters appropriate thereto.
[Approved March 30, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following words and phrases when used in this act shall, for the purpose of this act, have the meanings ascribed to them in this section except in those instances where the context clearly indicates a different meaning:
κ1953 Statutes of Nevada, Page 626 (CHAPTER 346, SB 205)κ
(a) Conditional sale contract shall mean:
(1) Any contract for the sale of a vehicle, with or without accessories, under which possession is delivered to the buyer but the title vests in the buyer thereafter only upon the payment of all or part of the price, or upon the performance of any other condition.
(2) Any contract for the bailment or leasing of a vehicle, with or without accessories, by which the bailee or lessee agrees to pay as compensation a sum substantially equivalent to the value of the property, and by which it is agreed that the bailee or lessee is bound to become, or has the option of becoming, the owner of the property upon full compliance with the terms of the contract.
(3) Any contract for the sale of a vehicle, with or without accessories, under which possession is delivered to the buyer, and a lien on the property is to vest in the seller as security for the payment of part or all of the price, or for the performance of any other condition.
(b) Seller shall mean the person who sells or leases the property under a conditional sale contract.
(c) Buyer shall mean the person who buys or hires property under a conditional sale contract, or any legal successor in interest of such person.
(d) Person shall mean and include an individual, company, firm, association, partnership, trust, corporation, or other legal entity.
(e) Cash price shall mean the amount for which the seller would sell and transfer to the buyer unqualified title to the personal property described in the conditional sale contract, if such property were sold for cash at the sellers place of business on the date such contract is executed, and includes any applicable sales taxes.
(f) Down payment shall mean that part of the cash price which the buyer pays or agrees to pay to the seller in cash or property value or moneys worth at or prior to delivery by the seller to the buyer of the personal property described in the conditional sale contract.
(g) Unpaid balance shall mean the difference between (e) and (f), plus all insurance premiums, and all fees paid or to be paid to any public officer, in connection with the transaction, which are included in the contract balance.
(h) Time price differential shall mean any amount which the buyer agrees to pay to the seller in excess of the unpaid balance.
(i) Contract balance shall mean the amount unpaid under the conditional sale contract, which the buyer agrees to pay in installments as provided therein.
(j) Vehicle shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
Sec. 2. (a) Every conditional sale contract for the sale of a vehicle, with or without accessories, shall be in writing and shall contain all of the agreements between the buyer and the seller relating to the personal property described therein. It shall be signed by the buyer or his authorized representative and by the seller or its authorized representative, and when so executed an exact copy thereof shall be delivered by the seller to the buyer at the time of its execution.
κ1953 Statutes of Nevada, Page 627 (CHAPTER 346, SB 205)κ
ered by the seller to the buyer at the time of its execution. It shall recite the following separate items as such, in the following order:
(1) The cash price of the personal property described in the conditional sale contract.
(2) The amount of the buyers down payment, and whether made in cash or represented by the net agreed value of described property traded in, or both, together with a statement of the respective amounts credited for cash and for such property. As soon as received by the dealer the dealer shall refund to the buyer or credit to the buyer on the next payment due the amount realized on any insurance policy, or rights thereunder, assigned to the seller by the buyer in connection with the conditional sale. Failure of the dealer to comply with the foregoing provision shall in no way affect the validity or enforceability of the conditional sale contract.
(3) The amount unpaid on the cash price, which is the difference between items (1) and (2).
(4) The cost to the buyer of any insurance, the premium for which is included in the contract balance.
(5) A description and itemization of amounts, if any, which will actually be paid by the seller or his assignee to any public officer as fees in connection with the transaction, which are included in the contract balance.
(6) The amount of the unpaid balance, which is the sum of items (3), (4) and (5).
(7) The amount of the time price differential.
(8) The contract balance owed by the buyer to the seller, which is the sum of items (6) and (7).
(9) The number of installments required to pay the contract balance, the amount of each installment, and the date for payment of the installments.
(b) If any charge for insurance is included in the amount paid or to be paid by the buyer under any conditional sale contract for the sale of a vehicle, with or without accessories, an insurance policy or policies or a certificate of insurance under a master policy shall be issued and the seller shall within 30 days after the execution of the conditional sale contract send or cause to be sent to the buyer the original or an exact copy of such policy or policies or certificate.
(c) The amount of the time price differential in any conditional sale contract for the sale of a vehicle, with or without accessories, shall not exceed 1 percent of the unpaid balance multiplied by the number of months, including any excess fraction thereof as one month, elapsing between the date of such contract and the due date of the last installment, or twenty-five dollars ($25), whichever is greater, provided that such contract may provide for interest on any delinquent installment from and after the date of delinquency, and for reasonable collection costs and fees in the event of delinquency.
(d) Any provision in any conditional sale contract for the sale of a vehicle to the contrary notwithstanding, the buyer may satisfy in full the indebtedness evidenced by such contract at any time before the final maturity thereof, and in so satisfying such indebtedness shall receive a refund credit thereon for such anticipation of payments.
κ1953 Statutes of Nevada, Page 628 (CHAPTER 346, SB 205)κ
receive a refund credit thereon for such anticipation of payments. The amount of such refund shall represent at least as great a proportion of the time price differential, after first deducting from such time price differential a minimum charge of not to exceed twenty-five dollars ($25), as the sum of the periodic time balances after the month in which such contract is paid in full bears to the sum of all of the periodic time balances under the schedule of payments in the contract, both sums to be determined according to the monthly balances which would result if the indebtedness were paid according to the terms of the contract; provided, however, that the provisions of this subsection shall not impair the right of the seller or his assignee to receive a minimum time price differential of twenty-five dollars ($25), or to receive interest on delinquent installments or reasonable collection costs and fees, as provided in subsection (c) of this section; and provided further, that where the amount of such refund credit would be less than one dollar ($1), no refund need be made.
(e) If the seller, except as the result of an accidental or bona fide error in computation, shall violate any provision of subdivisions (c) or (d) of this section the conditional sale contract shall not be enforceable, except by a bona fide purchaser for value, and the buyer may recover from the seller in a civil action the total amount paid on the contract balance by the buyer to the seller or his assignee pursuant to the terms of such contract.
(f) If the holder of such contract, except as the result of an accidental or bona fide error in computation, shall violate any provision of subdivision (d) of this section, the buyer may recover from such holder in a civil action the total amount paid on the contract balance by the buyer to such holder pursuant to the terms of such contract.
________
Assembly Bill No. 193Mr. Mount.
CHAPTER 347
AN ACT to amend an act entitled, An act to provide for the licensing and registration of motor vehicles in the State of Nevada, defining the duties of certain officers in connection therewith, prescribing certain rules and regulations, defining certain powers and duties, and other matters properly connected therewith, and repealing all acts or parts of acts in conflict or inconsistent with this act, approved March 19, 1925.
[Approved March 30, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 23 of the above-entitled act, being section 4396, 1929 N.C.L., as last amended by chapter 179, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 23. No vehicle shall be operated nor moved upon any public highway, except upon the following conditions: (1) The maximum weight on any single axle shall not exceed eighteen thousand (18,000) pounds. Every vehicle whether operated singly or in a combination of vehicles, and every combination of vehicles must comply with both subdivisions (a) and (b) of this section. (
κ1953 Statutes of Nevada, Page 629 (CHAPTER 347, AB 193)κ
subdivisions (a) and (b) of this section. (a) The total gross weight with load imposed on the highway by any group of two or more consecutive axles of a vehicle or of a combination of vehicles where the distance between the first and last axles of said two or more consecutive axles is 18 feet or less, shall not exceed that given for the respective distance in the following table:
|
Table (a) |
|||
|
Distance in feet between first and last axles of group |
Allowed load in pounds on group of axles |
Distance in feet between first and last axles of group |
Allowed load in pounds on group of axles |
|
|
|
11............... |
35,700 |
|
4............... |
32,000 |
12............... |
36,400 |
|
5............... |
32,000 |
13............... |
37,100 |
|
6............... |
32,200 |
14............... |
43,200 |
|
7............... |
32,900 |
15............... |
44,000 |
|
8............... |
33,600 |
16............... |
44,800 |
|
9............... |
34,300 |
17............... |
45,600 |
|
10............... |
35,000 |
18............... |
46,400 |
(b) The total gross weight with load imposed on the highway by any vehicle or combination of vehicles where the distance between the first and last axles is more than 18 feet shall not exceed that given for the respective distances in the following table:
|
Table (b) |
|||
|
Distance in feet |
Allowed load in pounds |
Distance in feet |
Allowed load in pounds |
|
18................ |
46,400 |
37................ |
65,450 |
|
19................ |
47,200 |
38................ |
66,300 |
|
20................ |
48,000 |
39................ |
67,150 |
|
21................ |
48,800 |
40................ |
68,000 |
|
22................ |
49,600 |
41................ |
68,000 |
|
23................ |
50,400 |
42................ |
68,000 |
|
24................ |
51,200 |
43................ |
68,000 |
|
25................ |
55,250 |
44................ |
68,000 |
|
26................ |
56,100 |
45................ |
68,000 |
|
27................ |
56,950 |
46................ |
68,800 |
|
28................ |
57,800 |
47................ |
69,600 |
|
29................ |
58,650 |
48................ |
70,400 |
|
30................ |
59,500 |
49................ |
71,200 |
|
31................ |
60,350 |
50................ |
72,000 |
|
32................ |
61,200 |
51................ |
72,800 |
|
33................ |
62,050 |
52................ |
73,600 |
|
34................ |
62,900 |
53................ |
74,400 |
|
35................ |
63,750 |
54................ |
75,200 |
|
36................ |
64,600 |
55................ |
76,000 |
|
56 or over 76,800 |
|
|
|
κ1953 Statutes of Nevada, Page 630 (CHAPTER 347, AB 193)κ
(a) The distance between axles shall be measured to the nearest even foot. When a fraction is exactly one-half foot the next larger whole number shall be used. The provisions of this section shall not apply to traction engines or tractors, the propulative power of which is exerted, not through wheels resting upon the ground but by means of a flexible band or chain known as a movable track, when the portions of the movable tracks in contact with the surface of the highway presents plane surfaces; provided, that no traction engines or tractors having lugs, grousers, or other mechanical contrivance on its wheels, or track, designed to give tractive effect shall be operated on any highway in this state unless a circular metal band of a width of not less than three (3) inches is placed entirely around the periphery of such wheel or track, such band to serve as a protection against the tearing up or marring of the surface of the highway. (b) Authority for the enforcement of the provisions of section 23 shall be vested in the Nevada highway patrol under the jurisdiction of the public service commission of Nevada. Any officer of the highway patrol having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same either by means of portable or stationary scales and may require that such vehicle be driven to the nearest public scales in the event such scales are within five miles.
Whenever an officer upon weighing a vehicle and load as above provided determines that the weight is unlawful, such officer may require the driver to stop in a suitable place and remove such portion of the load as may be necessary to reduce the gross weight of such vehicle to those limits permitted under this code. Provided, however, that the officer may allow the driver of the inspected vehicle to continue on his journey in the event that any overload does not exceed by more than five percent the limitations prescribed herein, and provided further that the penalties provided in this act shall be exercised for the overload violation. All materials so unloaded shall be cared for by the carrier of such material and shall be cared for at the expense of the carrier.
Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses when directed by an officer of the highway patrol upon a weighing of the vehicle to stop and otherwise comply with the provisions of this section, shall be deemed guilty of a misdemeanor. Every person convicted of a violation of any weight limitation provision of this section and every person, company, association or corporation, either personally or by his or its agent or employee, who is found guilty of violating any weight limitation of this section shall be punished by a fine which shall equal the amounts specified in the following table:
κ1953 Statutes of Nevada, Page 631 (CHAPTER 347, AB 193)κ
Pounds of Pounds of
excess excess
weight Fine weight Fine
2,001-2,500............................. $20 7,501- 8,000.......................... $200
2,501-3,000............................. 25 8,001- 8,500.......................... 225
3,001-3,500............................. 30 8,501- 9,000.......................... 275
3,501-4,000............................. 35 9,001- 9,500.......................... 325
4,001-4,500............................. 40 9,501-10,000......................... 375
4,501-5,000............................. 60 10,001-10,500...................... 425
5,001-5,500............................. 80 10,501-11,000...................... 475
5,501-6,000............................. 100 11,001-11,500...................... 525
6,001-6,500............................. 120 11,501-12,000...................... 575
6,501-7,000............................. 150 12,001 and over................... 600
7,001-7,500............................. 175
The maximum fine under this section shall be six hundred dollars ($600).
The fines provided herein shall be mandatory and shall not be waived or suspended under any circumstances by the court.
________
Assembly Bill No. 74Miss Frazier.
CHAPTER 348
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, as amended.
[Approved March 30, 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 63, Statutes of Nevada 1947, is hereby amended by inserting a new chapter and new sections immediately following section 108, to be known as chapter 17a and sections 108.01, 108.02, 108.03, 108.04, 108.05, 108.06, 108.07, 108.08, 108.09, 108.10 and 108.11 and reading as follows:
Chapter 17a
Section 108.01. Definitions. Subject to the provisions of this act, the governing board of any school district or county high school may make such special provisions as in its judgment may be necessary for the education of physically or mentally handicapped minors. Physically or mentally handicapped minor, as used in this act means a physically or mentaly defective or handicapped person under the age of twenty-one years who is in need of education. Any minor who, by reason of physical or mental impairment, cannot receive the full benefit of ordinary education facilities, shall be considered a physically or mentally handicapped individual for the purposes of this act. Minors with vision, hearing, speech, orthopedic, mental, and neurological disorders or defects, or with rheumatic or congenital heart disease or any disabling condition caused by accident, injury, or disease shall be considered as being physically or mentally handicapped.
κ1953 Statutes of Nevada, Page 632 (CHAPTER 348, AB 74)κ
disabling condition caused by accident, injury, or disease shall be considered as being physically or mentally handicapped.
Section 108.02. Education of Handicapped Minors. The governing board of any school district or county high school may establish uniform rules of eligibility for instruction under the special education programs herein provided. The rules and regulations shall be subject to such standards as may be prescribed by the state department of education.
Section 108.03. Exceptions by Means of Statements. No minor shall be required to take advantage of the special provisions for the education of physically or mentally handicapped minors, if the parent or guardian of the minor files a statement with the board of school trustees of the school district showing that the minor is receiving adequate educational advantages.
Section 108.04. Individual Examination of Child. Before any child is placed in a school or class for mentally retarded children, a consultation with his parents or guardian shall be held, and he shall be given a careful individual examination to determine if he can profit by education, said examination to be given by a competent psychologist approved by the state department of education, or by a person serving under the supervision of such a psychologist and approved by the state department of education. A psychiatrist may be consulted in any specific case when the governing board of the district deems it necessary.
Section 108.05. Residence. Any school district furnishing education to physically or mentally handicapped minors shall furnish such education to any resident handicapped minor of the county in which said school district is located.
Section 108.06. Age of Admittance. Handicapped minors may be admitted at the age of three years to special schools or classes established for such minors, and their attendance shall be counted for apportionment purposes as if they were already six years of age.
Section 108.07. Location of Instruction Facilities. Physically or mentally handicapped minors may be instructed in special ungraded schools or classes for the instruction of handicapped minors. Boards of school trustees are also authorized to purchase sites and erect buildings for such purposes, in the same manner as other school sites or school buildings may be purchased and erected, or boards of school trustees may rent reasonably suitable property at an economical rental for special or ungraded rooms without being so directed by vote of the district; or boards of school trustees may accept gifts or donations of sites and buildings for such purposes.
Section 108.08. Transportation. The board of school trustees of a school district may provide for the transportation of pupils assigned to special schools or classes for physically or mentally handicapped pupils.
Section 108.09. Standards. The state department of education shall prescribe minimum standards for the special education of physically or mentally handicapped minors, and no apportionment of state funds shall be made by the superintendent of public instruction to any school district on account of the instruction of physically or mentally handicapped minors until the program of instruction maintained therein for such handicapped minors is approved by the state department of education as meeting the prescribed minimum standards.
κ1953 Statutes of Nevada, Page 633 (CHAPTER 348, AB 74)κ
school district on account of the instruction of physically or mentally handicapped minors until the program of instruction maintained therein for such handicapped minors is approved by the state department of education as meeting the prescribed minimum standards.
Section 108.10. Computation of Attendance. The state board of education shall establish rules and regulations for the computation of average daily attendance of pupils enrolled under the provisions of this act.
Section 108.11. Reports of Attendance. The attendance of all physically or mentally handicapped pupils instructed in accordance with the provisions of this act, including those instructed under cooperative arrangements with the department of vocational rehabilitation of the state department of education, shall be reported annually together with all other attendance on forms provided by the superintendent of public instruction.
Sec. 2. Section 180 of the above-entitled act, being section 4 of chapter 113, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 180. Further Provision for Apportionment of State Distributive School Fund-After Emergency Fund and State School Reserve Fund Are Set Aside-Minimum Salary of Certificated Employees.
1. Emergency School Fund-State School Reserve Fund. It shall be the further duty of the superintendent of public instruction, immediately after the state controller shall have made his semiannual report, to apportion the state distributive school fund among several counties of the state in the following manner:
After setting aside the sum of five thousand ($5,000) dollars as the emergency school fund, and not more than thirty thousand ($30,000) dollars as the state school reserve fund, in the manner provided in section 183 of this school code, he shall, beginning with July 1, 1947, and semiannually thereafter, apportion the state distributive school fund, subject to apportionments at the time, among the several counties in the state in the following manner:
2. Apportionment of Balance in State Distributive School Fund. (a) Teacher Basis. After complying with the provisions of paragraph 1 of this section, the superintendent of public instruction shall apportion from the state distributive school fund among the several counties of the state in the following manner: He shall apportion eight hundred eighty-seven dollars and fifty cents ($887.50) for each teacher to which the county is entitled as provided in paragraph 1 of section 179 hereof; 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 employee who is required to hold a Nevada teachers certificate shall result in the forfeiture of all of the next semiannual state apportionment for each teacher to which such district may be entitled under the provisions of this act.
(b) Pupil Basis. He shall apportion on a per capita basis from the state distributive school fund eight ($8) dollars for each pupil in average daily attendance as shown by the last preceding annual school report.
κ1953 Statutes of Nevada, Page 634 (CHAPTER 348, AB 74)κ
average daily attendance as shown by the last preceding annual school report.
(c) In addition to the regular apportionment for each pupil in average daily attendance as provided herein, he shall apportion on a per capita basis from the state distributive school fund one hundred ($100) dollars for each physically or mentally handicapped minor pupil in average daily attendance, as shown by the last preceding annual school report.
3. Apportionment of State School Reserve Fund. Whenever the county commissioners of any county shall have levied, for elementary school purposes, exclusive of bond interest and redemption, a county tax of at least thirty-five cents (35’) on the one hundred ($100) dollars assessed valuation of the taxable property in the county, if such levy does not produce for the county school fund of such county an amount of money sufficient to make the minimum county teacher and pupil apportionments provided for in section 181, paragraph 1, (a) and (b) of this act, the superintendent of public instruction shall apportion to such county from the state school reserve fund such a sum of money as when taken with the amount produced by the said county tax levy of thirty-five (35’) cents on the one hundred ($100) dollars assessed valuation on said property will be sufficient to make the minimum county teacher and pupil apportionments required by law for such county elementary school purposes.
4. 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 state distributive school fund at the time of the regular semiannual 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; provided, that school districts established after the regular July apportionment of the state distributive school fund has been made are entitled to receive the apportionment to which they would have been entitled from that fund had they been established on July 1, the pupil apportionment being based upon the number of resident pupils of school age listed on the verified petition filed by their parents or legal guardians with the county commissioners for the establishment of such districts. The superintendent of public instruction is hereby authorized and directed to make such supplemental apportionments of the state distributive school fund as herein proved.
5. The legislature shall appropriate out of the moneys in the general fund of the state treasury, for deposit in the state distributive school fund sufficient funds to carry out the provisions of this chapter.
Sec. 3. Section 181.04 of the above-entitled act, being section 181.04 of chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 181.04. Apportionment of State High School Fund. It shall be the duty of the superintendent of public instruction, beginning with July 1, 1947, and semiannually thereafter, to apportion the state high school fund among the several high schools of the state in the following manner:
κ1953 Statutes of Nevada, Page 635 (CHAPTER 348, AB 74)κ
1. He shall apportion semiannually to each high school in the several counties of this state the sum of three hundred and fifty ($350) dollars for each high school teacher unit as herein defined, which said sum shall be the basic apportionment as defined by this act; provided, that failure on the part of the board of trustees or the board of education of any high school to pay a minimum annual salary of two thousand four hundred ($2,400) dollars to every full-time employee of such high school who is required to hold a Nevada teachers certificate shall result in the forfeiture of all of the next semiannual basic apportionment herein provided for.
2. Whenever the amount that would be realized from a thirty-five (35’) cent tax, if levied upon each one hundred ($100) dollars of assessed valuation in any county, would be insufficient to produce the sum of one thousand four hundred ($1,400) dollars semiannually, for each high school teacher unit within the county, then and in that event the superintendent of public instruction shall apportion semiannually from the state high school fund to each high school within that county an equalizing apportionment, the amount of which shall be determined in the following manner:
(a) He shall subtract the amount that would result from a thirty-five (35’) cent tax, if levied on each one hundred ($100) dollars of assessed valuation in the county, from the amount necessary to provide (exclusive of the basic apportionment provided for in subsection 1 of section 181.04) one thousand four hundred ($1,400) dollars semiannually for each high school teacher unit within the county, as such unit is defined by this chapter.
(b) He shall divide the difference thus obtained by the total number of high school teacher units in the county, which quotient shall be the equalizing apportionment for each high school teacher unit within the county.
(c) He shall apportion, semiannually, to each high school in any county eligible for equalizing apportionments, the semiannual equalizing apportionment for each high school teacher unit to which each high school may be entitled at that time, as calculated from the attendance report for the last preceding school year and as determined in (a) and (b) of paragraph 2 of this section; provided, that no high school, in any county, shall receive any equalizing apportionment, as defined and provided for herein, unless a total county and/or district tax of thirty-five (35’) cents has been levied and collected for high school purposes; provided, that failure on the part of the board of trustees or the board of education of any high school to pay a minimum annual salary of two thousand four hundred ($2,400) dollars to every full-time employee of such high school who is required to hold a Nevada teachers certificate, or failure on the part of any such board to utilize for the payment of salaries of such certificated employees the full amount of the apportionment herein provided, shall result in the forfeiture of all of the next semiannual equalizing apportionments herein provided for.
3. In addition to the regular apportionment for each high school teacher unit as provided herein, he shall apportion on a per capita basis one hundred ($100) dollars for each physically or mentally handicapped pupil in average daily attendance as shown by the attendance report for the last preceding school year.
κ1953 Statutes of Nevada, Page 636 (CHAPTER 348, AB 74)κ
basis one hundred ($100) dollars for each physically or mentally handicapped pupil in average daily attendance as shown by the attendance report for the last preceding school year.
Sec. 4. Section 274 of the above-entitled act, being section 1 of chapter 78, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 274. Powers and Duties of School Trustees. Boards of trustees of school districts in this state shall have the following powers and duties:
1. To buy or sell any schoolhouse or schoolhouse site directed to be bought or sold by a vote of the registered electors of the school district; provided, that in school districts in which there shall be fewer than ten (10) families with resident children of school age, no schoolhouse or schoolhouse site shall be sold without the approval of the superintendent of public instruction or the deputy superintendent of public instruction of that educational supervision district;
2. To build, purchase or rent schoolhouses when directed to do so by a vote of the registered electors, and to equip and supply the same with all things necessary for the successful operation of the schools of the district. The board of trustees, without such vote, shall make necessary repairs in any school buildings when the expense of such repairs will not exceed one thousand ($1,000) dollars; provided, that in districts of the first class, the board of trustees may make all necessary repairs without a vote of the electors. No public schoolhouse shall be erected in any school district until the plan of the same has been submitted to and approved by the deputy superintendent of public instruction. The county auditor shall draw no warrant in payment of any bill for the erection of such new schoolhouse until notified by the deputy superintendent of public instruction that the plans for the said new schoolhouse have received his approval; notwithstanding the foregoing provisions of this paragraph, bids must be advertised for all contracts over one thousand dollars ($1,000), as provided in section 286 of this school code;
3. To change the location of school or schoolhouse sites; provided, that in districts in which there shall be fewer than ten (10) families with one (1) or more resident children of school age, no school or schoolhouse site shall be changed without the approval of the deputy superintendent of public instruction;
4. To call meetings of the registered electors of the school district in order to secure by vote the authority to procure or sell schoolhouse sites, or to erect, purchase, sell, hire, or rent schoolhouses for the use of the district. Whenever the trustees shall decide to hold such meeting, they shall give at least ten (10) days notice by posting at least three (3) notices of such meeting in three (3) conspicuous places within the district. One (1) of such notices shall be posted on the school grounds. The notices shall contain the time, place and purpose of the meeting. The president of the board shall call such meeting to order and shall preside over the deliberations of the same. The clerk of the board shall keep a record of the proceedings of such meeting in a book kept especially for that purpose. In case of absence of either the president or the clerk of the board at such meeting, the registered electors assembled shall proceed to elect a president pro tem or a temporary clerk, as the case may be.
κ1953 Statutes of Nevada, Page 637 (CHAPTER 348, AB 74)κ
electors assembled shall proceed to elect a president pro tem or a temporary clerk, as the case may be. All questions placed before the meeting shall be determined by ballot or by taking the ayes and noes as the meeting shall decide;
5. To manage and control the school property within their districts; and to pay all moneys collected by them, from any source whatever, for school purposes, into the county treasury at the end of each month to be placed to the credit of their district;
6. To cause to be erected at least two (2) suitable convenient privies for each of the schools under their charge, which shall be entirely separate each from the other, and have separate means of access and approach thereto. In case of failure or neglect on the part of the trustees to provide privies in accordance with the provisions of this section, the deputy superintendent of public instruction shall have power, and it shall be his duty, to cause such privies to be built, and to pay for the same by drawing his order on the county auditor on the funds of the district, and the auditor shall draw his warrant upon the county treasurer in payment of the same;
7. To prescribe and enforce rules, not inconsistent with law or those prescribed by the state board of education, for their own government and government of schools under their charge, and to transact their business at regular or special meetings, called for such purpose, notice of which shall be given each member;
8. To keep the public school buildings in their charge in such repair as is necessary for the comfort and health of pupils and teachers, and in case of neglect to do so, the deputy superintendent of public instruction shall have power, and it shall be his duty, to cause such needed repairs to be made, and to pay for the same by drawing his order upon the county auditor on the funds of the district, and the auditor shall draw a warrant upon the county treasurer in payment of the same; provided, that the cost of such repair shall not exceed one hundred ($100) dollars;
9. To have the custody and safekeeping of the district schoolhouses, their sites and appurtenances;
10. To insure the schoolhouses, furniture and school apparatus in some company authorized by law to transact business in the State of Nevada, and to comply with the conditions of the policy;
11. To employ legally qualified teachers, to determine the salary to be paid and the length of the term of school for which teachers shall be employed, embodying these conditions in a written contract to be signed by the president and the clerk of the board or by a majority of the trustees and the teacher, and a copy of the said contract properly written shall be delivered to each teacher not later than the opening of the term of school; provided, that the trustees shall not have the right to employ teachers for any school year commencing after the time for which any member of the board of trustees was elected or appointed. The salaries of teachers shall be determined by the character of the service required, and in no district shall there be any discrimination in the matter of salary as against female teachers; provided, that it shall be unlawful for the board of trustees of any school district to employ any teacher not legally qualified to teach all the grades of the school for which such teacher is engaged to teach or to pay teachers salaries in advance of the time when earned; and provided further, that notice of reemployment of teachers must be given in accordance with the provisions of section 319 of this school code;
κ1953 Statutes of Nevada, Page 638 (CHAPTER 348, AB 74)κ
any school district to employ any teacher not legally qualified to teach all the grades of the school for which such teacher is engaged to teach or to pay teachers salaries in advance of the time when earned; and provided further, that notice of reemployment of teachers must be given in accordance with the provisions of section 319 of this school code;
12. To pay toward the salaries of legally qualified teachers the public moneys apportioned to districts for such purpose, by giving them orders therefor on the county auditor; provided, that boards of school trustees are hereby authorized to deduct from teachers salaries, upon written request of such teachers, moneys for the payment of group health, or other group insurance of any kind.
13. The governing body of any high or elementary school district may, with the approval of the deputy superintendent of public instruction in the supervison district in which said high or elementary school district is located, admit to the school or schools of the district pupil or pupils living in an adjoining state or in a district within this state, or it may pay tuition for pupils residing in the district but who attend school in an adjoining state or in a district within this state. An agreement shall be entered into between the governing board of the district in which the pupil or pupils reside and the governing board of the district in which the said pupil or pupils attend school providing for the payment of such tuition as may be agreed upon; provided, that the amount of tuition per pupil in average daily attendance shall not exceed the average current expenditure per pupil in the school which such pupil or pupils attend school and it is further provided, that transportation costs, if any, shall be paid by the governing board of the district in which said pupil or pupils reside.
________
Assembly Bill No. 128Messrs. Covington and Christensen (Washoe).
CHAPTER 349
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, 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 180 of the above-entitled act, as last amended by chapter 113, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 180. Further Provision for Apportionment of State Distributive School Fund-After Emergency Fund and Sate School Reserve Fund are Set Aside-Minimum Salary for Certificated Employees.
1. Emergency School Fund-State School Reserve Fund. It shall be the further duty of the superintendent of public instruction, immediately after the state controller shall have made his quarterly report, to apportion the state distributive school fund among several counties of the state in the following manner:
κ1953 Statutes of Nevada, Page 639 (CHAPTER 349, AB 128)κ
be the further duty of the superintendent of public instruction, immediately after the state controller shall have made his quarterly report, to apportion the state distributive school fund among several counties of the state in the following manner:
After setting aside the sum of two thousand five hundred ($2,500) dollars as the emergency school fund, and not more than thirty thousand ($30,000) dollars as the state school reserve fund, in the manner provided in section 183 of this school code, he shall, beginning with July 1, 1947, and quarterly thereafter, apportion the state distributive school fund, subject to apportionments at the time, among the several counties in the state in the following manner.
2. Apportionment of Balance in State Distributive School Fund.
(a) Teacher Basis. After complying with the provisions of paragraph 1 of this section, the superintendent of public instruction shall apportion from the state distributive school fund among the several counties of the state in the following manner: He shall apportion five hundred dollars ($500) for each teacher to which the county is entitled as provided in paragraph 1 of section 179 hereof; provided, that failure on the part of the board of trustees of any school district to pay a minimum annual salary of three thousand two hundred ($3,200) dollars to every full-time employee who holds a bachelors degree or an equivalent number of hours of training and who is required to hold a Nevada teachers certificate, or to pay a minimum annual salary of two thousand four hundred dollars ($2,400) to all other full-time employees who are required to hold Nevada teachers certificates, shall result in the forfeiture of all of the next quarterly state apportionment for each teacher to which such district may be entitled under the provisions of this act.
(b) Pupil Basis. He shall apportion on a per capita basis from the state distributive school fund ten dollars ($10) for each pupil in average daily attendance, as shown by the last preceding annual school report.
(c) In addition to the regular apportionment for each pupil in average daily attendance as provided herein, he shall apportion on a per capita basis from the state distributive school fund fifty dollars ($50) for each physically handicapped minor pupil in average daily attendance in a special class for handicapped children, as shown by the last preceding annual school report.
3. Apportionment of State School Reserve Fund. Whenever the county commissioners of any county shall have levied, for elementary school purposes, exclusive of bond interest and redemption a county tax of at least thirty-five cents (35’) on the one hundred ($100) dollars assessed valuation of the taxable property in the county, if such levy does not produce for the county school fund of such county an amount of money sufficient to make the minimum county teacher and pupil apportionments provided for in section 181, paragraph 1, (a) and (b) of this act, the superintendent of public instruction shall apportion to said county from the state school reserve fund such a sum of money as when taken with the amount produced by the said county tax levy of thirty-five (35’) cents on the one hundred ($100) dollars assessed valuation on said property will be sufficient to make the minimum county teacher and pupil apportionments required by law for such county for elementary school purposes.
κ1953 Statutes of Nevada, Page 640 (CHAPTER 349, AB 128)κ
thirty-five (35’) cents on the one hundred ($100) dollars assessed valuation on said property will be sufficient to make the minimum county teacher and pupil apportionments required by law for such county for elementary school purposes.
4. 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 state distributive 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; provided, that school districts established after the regular July apportionment of the state distributive school fund has been made are entitled to receive the apportionment to which they would have been entitled from that fund had they been established on July 1, the pupil apportionment being based on the number of resident pupils of school age listed on the verified petition filed by their parents or legal guardians with the county commissioners for the establishment of such districts. The superintendent of public instruction is hereby authorized and directed to make such supplemental apportionments of the state distributive school fund as herein provided.
5. The legislature shall appropriate out of the moneys in the general fund of the state treasury, for deposit in the state distributive school fund, sufficient funds to carry out the provisions of this chapter.
Sec. 2. Section 181.04 of the above-entitled act is hereby amended to read as follows:
Section 181.04. Apportionment of State High School Fund. It shall be the duty of the superintendent of public instruction, beginning with July 1, 1947, and quarterly thereafter, to apportion the state high school fund among the several high schools of the state in the following manner:
1. He shall apportion quarterly to each high school in the several counties of this state the sum of two hundred dollars ($200) for each high school teacher unit as herein defined, which said sum shall be the basic apportionment as defined by this act; provided that failure on the part of the board of trustees or the board of education of any high school to pay a minimum annual salary of three thousand two hundred ($3,200) dollars to every full-time employee of such high school who is required to hold a Nevada teachers certificate, shall result in the forfeiture of all of the next quarterly basic apportionment herein provided for.
2. Whenever the amount that would be realized from a thirty-five (35’) cent tax, if levied upon each one hundred ($100) dollars of assessed valuation in any county, would be insufficient to produce the sum of seven hundred ($700) dollars quarterly for each high school teacher unit within the county, then and in that event the superintendent of public instruction shall apportion quarterly from the state high school fund to each high school within that county, an equalizing apportionment, the amount of which shall be determined in the following manner:
κ1953 Statutes of Nevada, Page 641 (CHAPTER 349, AB 128)κ
(a) He shall subtract the amount that would result from a thirty-five (35’) cent tax, if levied on each one hundred ($100) dollars of assessed valuation in the county, from the amount necessary to provide (exclusive of the basic apportionment provided for in subsection 1 of section 181.04) seven hundred ($700) dollars quarterly for each high school teacher unit in the county, as such unit is defined by this chapter.
(b) He shall divide the difference thus obtained by the total number of high school teacher units in the county, which quotient shall be the equalizing apportionment for each high school teacher unit in the county.
(c) He shall apportion, quarterly to each high school in any county, eligible for equalizing apportionments, the quarterly equalizing apportionment for each high school teacher unit to which each high school may be entitled at that time, as calculated from the attendance reports for the last preceding school year and as determined in (a) and (b) of paragraph 2 of this section; provided, that no high school, in any county, shall receive any equalizing apportionment, as defined and provided for herein, unless a total county and/or district tax of thirty-five (35’) cents has been levied and collected for high school purposes; provided, that failure on the part of the board of trustees or the board of education of any high school to pay a minimum annual salary of three thousand two hundred ($3,200) dollars to every full-time employee of such high school who is required to hold a Nevada teachers certificate, or failure on the part of any such board to utilize for the payment of salaries of such certificated employees the full amount of the apportionment herein provided, shall result in the forfeiture of all of the next quarterly equalizing apportionment herein provided for.
(d) He shall apportion quarterly on a per capita basis from the state high school fund five ($5) dollars for each pupil in average daily attendance, as shown by the last preceding annual school report.
(e) In addition to the regular apportionment for each high school pupil in average daily attendance as provided herein, he shall apportion on a per capita basis from the state distributive school fund fifty dollars ($50) for each physically handicapped minor pupil in average daily attendance in a special class for handicapped children, as shown by the last preceding annual school report.
Sec. 3. This act shall become effective July 1, 1953 and shall expire on June 30, 1955.
________
κ1953 Statutes of Nevada, Page 642κ
Assembly Bill No. 426Committee on Education.
CHAPTER 350
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 30, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 173 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 173. Controller to Report School Securities. The state controller shall, on or before the tenth (10th) day of April and the tenth (10th) day of October of each year, make to the state board of education a statement of the securities belonging to the state permanent school fund. He shall also, on or before the tenth (10th) day of January, the tenth (10th) day of April, the tenth (10th) day of July and the tenth (10th) day of October of each year, render to the superintendent of public instruction a statement of the moneys in the treasury subject to distribution to the several districts of the state, as provided in section 179 hereof.
Sec. 2. Section 175 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 175. County Treasurers to Receive School Moneys Quarterly. All school moneys due each county in the state shall be paid over by the state treasurer to the county treasurers on the tenth (10th) day of January, the tenth (10th) day of April, the tenth (10th) day of July and the tenth (10th) day of October of each year or as soon thereafter as the county treasurer may apply for the same upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction, as provided in section 179 hereof.
Sec. 3. Section 179 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, as last amended by chapter 119, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 179. Apportionment of State Distributive School Fund. The superintendent of public instruction is hereby empowered to establish uniform rules to be used in calculating the average daily attendance of pupils for all public schools in the state. For making the apportionments now or hereafter authorized and directed to be made under the provisions of this act, the term average daily attendance shall mean the six months of highest average daily attendance for the school year last preceding. It shall be the duty of the superintendent of public instruction, immediately after the state controller shall have made his quarterly report, to apportion the state distributive school fund among the several counties of the state in the following manner:
1. Teacher and Pupil Basis. He must ascertain the number of teachers to which each school district is entitled by calculating one (1) teacher for the first twenty (20) pupils in average daily attendance or such less number of pupils in average daily attendance as required by law for the maintenance of a school, and one (1) additional teacher for each additional twenty (20) pupils or major fraction of twenty (20) pupils in average daily attendance; provided, that a school having an average daily attendance of between twenty (20) and thirty (30) as shown by the report of such district for the last preceding school year, shall be allowed an extra teacher, if such school has regularly employed two (2) teachers since the preceding quarterly school apportionment.
κ1953 Statutes of Nevada, Page 643 (CHAPTER 350, AB 426)κ
teachers to which each school district is entitled by calculating one (1) teacher for the first twenty (20) pupils in average daily attendance or such less number of pupils in average daily attendance as required by law for the maintenance of a school, and one (1) additional teacher for each additional twenty (20) pupils or major fraction of twenty (20) pupils in average daily attendance; provided, that a school having an average daily attendance of between twenty (20) and thirty (30) as shown by the report of such district for the last preceding school year, shall be allowed an extra teacher, if such school has regularly employed two (2) teachers since the preceding quarterly school apportionment.
2. Rules for Average Daily Attendance. The state board of education may prescribe additional rules and regulations under which pupils may be excused from attendance and may be credited with attendance during the period for which such pupils may have been excused.
3. False Report by Teacher as to Attendance. Any teacher, principal or superintendent who shall knowingly report, cause to be reported, or permit to be reported, the presence of any pupil or pupils at schools, when such pupil or pupils were absent, or when school is not in session, shall forfeit his certificate or subject it to revocation, and the same shall not be restored or a new one granted within one (1) year after such forfeiture or revocation; provided, that pupils who are excused from attendance at examinations or having completed their work in accordance with the rules of the board of trustees shall be accredited with attendance during said period.
Sec. 4. Section 181.01 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 181.01. State High School Fund, How Constituted-Purpose of. All moneys derived from special appropriations and from other sources for the purpose of this act, shall be placed in and constitute a fund to be known as the state high school fund to be apportioned quarterly among the several high schools of the state in the manner provided in this chapter.
Sec. 5. Section 181.03 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 181.03. Uniform Rules To Be Established for Distribution of State High School Fund. The superintendent of public instruction is hereby empowered to establish uniform rules to be used in calculating the average daily attendance of pupils for the purpose of distributing the high school fund provided for in this chapter.
1. He shall calculate the number of high school teacher units for each county in the following manner:
(a) In each high school, for the first ten pupils, or major fraction thereof, in average daily attendance, as shown by the attendance report for the last preceding school year, there shall be allowed one high school teacher unit; provided, that any county high school having an average daily attendance of ten pupils or more, as shown by the attendance report for such county high school for the last preceding school year, shall be allowed one additional high school teacher unit, if such school has regularly employed two teachers during the last preceding school year or since the last preceding quarterly apportionment of the state high school fund.
κ1953 Statutes of Nevada, Page 644 (CHAPTER 350, AB 426)κ
school year or since the last preceding quarterly apportionment of the state high school fund.
(b) In each high school, for each fifteen pupils, or major fraction thereof, of the next ninety pupils in average daily attendance, as shown by the attendance report for the last preceding school year, there shall be allowed one teacher unit.
(c) In each high school, for each twenty pupils, or major fraction thereof, of the next two hundred pupils in average daily attendance, as shown by the attendance report for the last preceding school year, there shall be allowed one teacher unit.
(d) In each high school, for each twenty-five pupils, or major fraction thereof, in excess of three hundred pupils in average daily attendance, as shown by the attendance report for the last preceding school year, there shall be allowed one teacher unit.
2. Any teacher, principal, or superintendent who shall knowingly report, cause to be reported, or permit to be reported, as attending high school, any pupil not in actual attendance, shall forfeit his certificate or subject it to revocation, and the same shall not be restored or a new certificate granted within one year after such forfeiture or revocation; provided, that the state board of education may prescribe rules and regulations making exceptions under which pupils may be excused from attendance and may be credited with attendance during such excepted period of attendance.
Sec. 6. Section 183 of the above-entitled act, as last amended by chapter 113, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 183. State School Reserve Fund, Emergency Fund, State School Research Fund, Created. At the time of the apportionment of money in the state distributive school fund in January, April, July and October of each year, the superintendent of public instruction, before making such apportionment, shall set aside from said fund the sum of two thousand five hundred ($2,500) dollars, the same to constitute and be known as the emergency school fund, and not more than fifteen thousand ($15,000) dollars as the state school reserve fund. He shall at once notify the state controller and the state treasurer of his action. Funds for school research, and for the study of statewide school problems, shall be provided by legislative appropriation from the general fund, as a budgeted part of the appropriation for the support of the department of education.
Sec. 7. Section 184 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 184. How Used. The emergency school fund or such portion thereof as the state board of education shall deem advisable shall be used as hereinafter provided for the relief of school districts newly established after the regular January, April, July and October apportionment of any year and not constituted mainly or wholly of resident children and territory theretofore included in an already established school district. Such fund shall also be used for the relief of already established school districts wherein there has developed a substantial and unexpected increase since the beginning of the school year in the number of resident children enrolled in such districts, said increases requiring the employment of additional teachers.
κ1953 Statutes of Nevada, Page 645 (CHAPTER 350, AB 426)κ
in the number of resident children enrolled in such districts, said increases requiring the employment of additional teachers.
________
Senate Bill No. 2Committee on Finance.
CHAPTER 351
AN ACT creating a state department of personnel, defining its powers and duties, making an appropriation, prescribing penalties, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto.
[Approved March 30, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The legislature declares that the purpose of this act is to provide all citizens a fair and equal opportunity for public service, to establish conditions of service which will attract officers and employees of character and ability, to establish uniform job and salary classifications, and to increase the efficiency and economy of the governmental departments and agencies by the improvement of methods of personnel administration. The legislature further declares its intention that to establish effective personnel management it is necessary that a survey of all state departments be conducted by a firm skilled in public administration, finance and personnel management to form a sound framework from which to build. The legislature further declares that, in its considered judgment, the proper administration of our state government requires the enactment of this measure.
Sec. 2. The following words shall have the following meaning within the purview of this act, and shall be so construed:
(1) Department means the state department of personnel.
(2) Commission means the personnel commission.
(3) Director means the director of the state department of personnel.
(4) Public service means positions providing service for any office, department, board, commission, bureau, agency, or institution operating by authority of the constitution or law, and supported in whole or in part by any public funds, whether said public funds are funds received from the federal government of the United States or any branch or agency thereof, or from private or any other sources.
Sec. 3. Immediately upon the passage and approval of this act, the governor shall designate a firm skilled in public administration, finance, and personnel management to conduct a survey of all state departments, agencies, and institutions, to furnish recommendations for the following services:
(1) An integrated position classification and compensation plan.
(2) An employee rating service plan for use in determining salary advancements, promotions, or demotions.
(3) A comprehensive system of testing and certifying personnel for initial employment.
κ1953 Statutes of Nevada, Page 646 (CHAPTER 351, SB 2)κ
(4) A complete set of rules and regulations on personnel management, including classification and salary administration, working conditions, leaves of absence, examination and eligible lists, employee certification, and separations.
(5) Preparation of examination questions for use in the selection of a personnel director as hereinafter provided.
Sec. 4. There is hereby created the department of personnel of the State of Nevada, in which shall be vested the administration of the provisions of this act.
Sec. 5. There is hereby created in the department of personnel an advisory personnel commission composed of five members, one of whom shall be designated by the governor as chairman. Continued absence from meetings of the commission may constitute good and sufficient cause for removal of a member by the governor.
Sec. 6. The members of the commission shall serve at the pleasure of the governor; provided, however, that no appointment shall extend beyond a period of four years from the date of expiration of the preceding appointment.
Sec. 7. No member of the commission shall have held a partisan political office or have been an employee of the state within the calendar year immediately preceding his appointment nor shall he seek or hold such an office or employment during his term as a member of the board.
Sec. 8. The members of the commission shall meet at such times and at such places as shall be specified by call of the chairman or a majority of the commission; provided, however, that a meeting of the commission shall be held at least once every three months. The director of the department of personnel shall act as the nonvoting recording secretary. The commission shall prescribe rules and regulations for its own management and government, and it shall have only such powers and duties as authorized by law. Three members of the commission shall constitute a quorum, and such quorum may exercise all the power and authority conferred on the commission; provided, however, that no rules or regulations shall be adopted, amended, or rescinded, except by a majority vote of the entire membership of the commission.
Sec. 9. In addition to the duties set forth elsewhere in this act, the commission shall have the following powers and duties:
(1) To advise the director concerning the organization and administration of the personnel department.
(2) To report to the governor biennially on all matters which it may deem pertinent to the department, and concerning any specific matters previously requested by the governor.
(3) To advise and make recommendations to the governor or legislature relative to the personnel policy of the state.
(4) To advise the director with respect to the preparation and amendment of rules and regulations to give effect to the provisions of this act.
(5) To foster the interest of institutions of learning, and of civic, professional, and employee organizations in the improvement of personnel standards in the state service.
κ1953 Statutes of Nevada, Page 647 (CHAPTER 351, SB 2)κ
(6) To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this act.
(7) To keep minutes of the transactions of each meeting of the commission, regular or special, which shall be public records and filed with the department.
Sec. 10. While engaged in official business of the department, members of the commission shall receive a salary of $20 per day and the per diem expense allowance and travel expenses as fixed by law.
Sec. 11. There is hereby created the position of director of the state department of personnel.
Sec. 12. The director shall be in the classified service as defined herein for all purposes other than removal. He shall receive an annual salary which shall be fixed in accordance with the pay plan adopted under this act; provided, however, that until such pay plan is adopted, such annual salary shall be determined by the governor, with the approval of the commission. He shall receive the per diem expense allowance and travel expenses as fixed by law. He shall devote his entire time to the duties of his office, and he shall follow no other gainful employment or occupation. Within ninety days after the appointment of the commission, and thereafter within thirty days after a vacancy occurs in the office of the director which cannot be filled from an existing list pursuant to this section, the commission shall appoint a special examining committee of three members to conduct a test for the position of director. The members of such committee shall be persons who have knowledge of and are in sympathy with the principles of the merit system in public personnel administration. Within ninety days after it is appointed, the examining committee shall hold a competitive test in accordance with the provisions of this act, and on the basis of that test shall establish an employment list of persons found eligible for appointment as director. The commission shall certify to the governor the names of the three highest ranking eligibles and the governor shall appoint one of them as the director. The special examining committee shall have the same powers and duties with respect to the conduct of the test and establishment of the employment list that are vested in or imposed upon the director under the provisions of this act with respect to other positions in the classified service. Every employment list for director shall expire one year after it is established unless extended by the commission; provided, however, that eligibility may not be extended for a period of more than three years.
Sec. 13. The director shall be selected with special reference to his training, experience, capacity, and interest in the field of personnel administration. His knowledge and abilities should include the following:
(1) A comprehensive knowledge of the principles and practices of personnel administration, and a working knowledge of job and salary classification methods.
(2) An extensive knowledge of the organization and operations of state departments, agencies, and institutions, and of statutes and regulations concerning government personnel.
κ1953 Statutes of Nevada, Page 648 (CHAPTER 351, SB 2)κ
(3) An extensive knowledge of principles of public organization and administration.
(4) Administrative ability in the direction of staff analyses of government salaries and positions, and in the maintenance of effective working relationships with all state officials concerned with personnel.
(5) The ability to organize and present clearly oral and written reports of findings and recommendations.
Sec. 14. The director shall have progressively responsible experience in personnel administration in an amount to be determined by the commission, and graduation from an accredited four-year college or university; or an equivalent combination of experience in personnel administration or training, substituting two years of experience for one year of training.
Sec. 15. The director, as executive head of the department, shall direct and supervise all its administrative and technical activities. In addition to the duties imposed upon him elsewhere in this act, it shall be his duty:
(1) To apply and carry out this act and the rules and regulations adopted thereunder.
(2) To attend all meetings of the commission and to act as its secretary, and keep minutes of its proceedings.
(3) To report to the governor and commission upon all matters concerning the administration of his office, and he shall request the advice and counsel of the commission on matters concerning the policy thereof; provided, that the director shall be responsible for the conduct of the department and its administrative functions, unless otherwise provided by law.
(4) To establish and maintain a roster of all employees in the public service, in which there shall be set forth, as to each employee, the class title of the position held; the salary or pay; any change in class title, pay, or status; and other pertinent data.
(5) To appoint, under the provisions of this act, such employees of the department and such expert and special assistants as may be necessary to carry out effectively the provisions of this act.
(6) To foster and develop, in cooperation with appointing authorities and others, programs for the improvement of employee effectiveness and morale, including training, grievances and hearings thereon.
(7) To encourage and exercise leadership in the development of effective personnel administration within the several departments in the state service, and to make available the facilities of the department personnel to this end.
(8) To make a biennial report regarding the work of the department and such special reports as he may consider desirable, to the commission and to the governor.
(9) To maintain a continuous program of recruiting for the public service.
(10) To perform any other lawful acts which he may consider necessary or desirable to carry out the purposes and provisions of this act.
Sec. 16. The director may designate an employee of the department to act as his deputy. In case of the absence of the director or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his deputy.
κ1953 Statutes of Nevada, Page 649 (CHAPTER 351, SB 2)κ
inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his deputy.
Sec. 17. The director may designate appropriate persons, including officers and employees in the public service, to assist in the preparation and rating of tests. An appointing authority may excuse any employee in his division from his regular duties for the time required for his work as an examiner. Such officers and employees shall not be entitled to extra pay for their services as examiners, but shall be entitled to their regular salaries, and the per diem expense allowance and travel expenses as fixed by law.
Sec. 18. The unclassified service of the State of Nevada shall comprise positions held by state officers or employees as follows:
(1) Persons chosen by election or appointment to fill an elective office.
(2) Members of boards and commissions, and heads of departments, agencies, and institutions required by law to be appointed.
(3) At the discretion of the elective officer or head of each department, agency, or institution, one deputy and one chief assistant in such department, agency, or institution.
(4) All employees in the office of the governor and all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.
(5) Officers and employees of the Nevada legislature.
(6) Officers and members of the teaching staff and the agricultural extension division and experiment station staffs of the university of Nevada, or any other state institution of learning, and student employees of such institutions; provided, however, that custodial, clerical, or maintenance employees of such institutions shall be in the classified service. It shall be the duty of the board of regents to assist the director in carrying out the provisions of this act applicable to the university of Nevada.
(7) Officers and members of the Nevada national guard, as such.
(8) Persons engaged in public work for the state but employed by contractors when the performance of such contract is authorized by the legislature or other competent authority.
(9) Persons temporarily employed or designated by the legislature or by a legislative committee to make or conduct a special inquiry, investigation, examination, or installation.
(10) Patient and inmate-help in the state charitable, penal, mental and correctional institutions.
(11) Part-time professional personnel who are paid for any form of medical, nursing, or other professional service, and who are not engaged in the performance of administrative duties.
Sec. 19. The classified service of the State of Nevada shall comprise all positions in the public service now existing or hereafter created which are not included in the unclassified service, and which provide services for any office, department, board, commission, bureau, agency, or institution operating by authority of the constitution or law, and supported in whole or in part by any public funds, whether said public funds are funds received from the government of the United States or any branch or agency thereof, or from private or any other sources.
κ1953 Statutes of Nevada, Page 650 (CHAPTER 351, SB 2)κ
or any branch or agency thereof, or from private or any other sources. Appointments in the classified service shall be made according to merit and fitness from eligible lists prepared upon the basis of examination which shall be open and competitive, except as otherwise provided herein. No person shall be appointed, transferred, promoted, demoted, or discharged as an officer, clerk, employee, or laborer in the classified service in any manner or by any means other than those prescribed in this act and the rules and regulations adopted in accordance therewith. No person shall be discriminated against on account of his religious opinions or affiliations or race.
Sec. 20. The director shall prescribe a code of rules and regulations for the classified service, which, upon approval of the commission after public notice and opportunity for public hearing, shall have the force and effect of law. Rules concerning certifications, appointments, layoffs, and reemployment shall be prescribed for positions involving unskilled or semiskilled labor, and said rules may be different from the rules concerning these processes for other positions in the classified service. Amendments may be made in the same manner upon recommendation of the director.
Sec. 21. Officers authorized by law to make appointments to positions in the unclassified service, and appointing officers of departments or institutions whose employees are exempt from the provisions of this act shall be permitted to make appointments from appropriate registers of eligibles maintained by the department without affecting the continuance of the names on the list.
Sec. 22. The director shall prepare, maintain, and revise as necessary, a position classification plan for all positions in the classified service, based upon similarity of duties and responsibilities, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class. The director shall, as soon as practicable, and after consultation with appointing authorities and principal supervisory officials, allocate the position of every employee in the classified service to one of the positions in the plan. This duty to classify shall extend to all offices, employments, and positions held by persons who may become members of the classified service under the provisions of this act. Any employee affected by the allocation of a position to a grade or class shall, after filing with the director a written request for reconsideration thereof, be given a reasonable opportunity to be heard thereon by the director. Titles and grades shall be established for each class of employment for use in examining and certifying the names of persons for appointment under this act, and a description of the duties and responsibilities exercised by the persons appointed to each of them shall be drawn up, and minimum qualifications shall be specified for satisfactory performance of the duties of each grade and class. The titles and grades in the several classifications as defined by the specifications of duties and qualifications shall be used for original appointments, promotions, payrolls, and all other records affecting the status of personnel. The director, after consultation with department and agency heads, may recommend changes in the classification of positions whenever he deems it necessary for the efficiency of the public service.
κ1953 Statutes of Nevada, Page 651 (CHAPTER 351, SB 2)κ
sary for the efficiency of the public service. The classification plan, and changes therein, shall be subject to approval by the commission.
Sec. 23. The director shall prescribe rules and regulations for a pay plan for all employees in the classified service, after consultation with appointing authorities and the state fiscal officers, and after a public hearing and approval by the commission. Such pay plan and amendments thereto shall become effective only after approval by the commission and the governor. The director shall, as soon as practicable after the adoption of the classification plan, prepare a pay plan and ranges for each class, grade, or group of positions in the classified service. Each employee shall be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary funds are made available for such payment.
Sec. 24. The legislature declares that since uniform salary and wage rates and classifications are necessary to an effective and efficient personnel system, the aforementioned pay plan shall set the official rates applicable to all positions in the classified service; provided, however, that pending the establishment of such pay plan, existing salary and wage rates for positions in the classified service shall continue; provided further, that nothing in existing laws shall establish the rates for such positions in the pay plan, and provided further, that the establishment of such pay plan shall in no way limit the authority of the legislature relative to budgeted appropriations for salary and wage expenditures. This act shall not be construed to supersede or conflict with existing or future contracts of employment dealing with wages, hours, and working conditions.
Sec. 25. The director shall prescribe rules and regulations for open competitive examinations to test the relative fitness of applicants for the respective positions. Such examination shall not be held until after the rules have been adopted, the positions classified, and a pay plan established.
Sec. 26. All competitive examinations for positions in the classified service shall relate to those matters which will fairly test the capacity and fitness of the persons examined to efficiently discharge the duties of the class in which employment is sought. The competitive examinations shall be open to all applicants who meet with reasonable standards or requirements fixed by the director with regard to experience, character, age, education, physical condition, and such other factors as may be held to relate to the ability of the candidates to perform with reasonable efficiency the duties of the position. Persons under such physical disability as not to make them ineligible by reason thereof, shall be examined in such manner as will fairly test their ability to perform the duties of the position, notwithstanding such physical disability. The director may require candidates in filing their applications to submit certificates of general or special qualifications as the good of the public service may require. Examinations shall be held at such times and places as in the judgment of the director most nearly meet the convenience of applicants, practicability of administration, and the needs of the public service.
Sec. 27. The director may refuse to examine an applicant or after examination may refuse to certify an eligible, who is found to lack any of the preliminary requirements established for the examination for the position or employment for which he applies; or who is physically so disabled as to be rendered unfit for the proper performance of the duties of the position to which he seeks appointment; or who is addicted to habit-forming drugs or is a habitual user of intoxicating liquors to excess; or who has been guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct; or who has been dismissed from the public service for delinquency or misconduct; or who has made a false statement of any material fact; or who directly or indirectly shall give, render or pay, or promise to give, render or pay, any money, service, or other valuable thing to any person for, or on account of, or in connection with, his test, appointment, or proposed appointment; or who practiced, or attempted to practice, any deception or fraud in his application, in his certificate, in his examination, or in securing his eligibility or appointment.
κ1953 Statutes of Nevada, Page 652 (CHAPTER 351, SB 2)κ
examination may refuse to certify an eligible, who is found to lack any of the preliminary requirements established for the examination for the position or employment for which he applies; or who is physically so disabled as to be rendered unfit for the proper performance of the duties of the position to which he seeks appointment; or who is addicted to habit-forming drugs or is a habitual user of intoxicating liquors to excess; or who has been guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct; or who has been dismissed from the public service for delinquency or misconduct; or who has made a false statement of any material fact; or who directly or indirectly shall give, render or pay, or promise to give, render or pay, any money, service, or other valuable thing to any person for, or on account of, or in connection with, his test, appointment, or proposed appointment; or who practiced, or attempted to practice, any deception or fraud in his application, in his certificate, in his examination, or in securing his eligibility or appointment.
Sec. 28. Whenever the director refuses to examine an applicant, or after an examination refuses to certify an eligible, as provided in this act, then the director, upon request of the person so rejected, shall furnish to him a statement of the reasons for such refusal to examine or refusal to certify, as the case may be. In the case of any such refusal an appeal may be taken to the commission in accordance with the rules and regulations to be adopted in the manner hereinbefore provided, and if the commission finds that the director is in error in refusing to examine an applicant or in certifying an eligible, the commission shall order the director to examine or certify, and the director shall comply.
Sec. 29. When any position requires the appointee to furnish a bond, such requirement shall be included in the announcement of the examination for said position.
Sec. 30. The director shall prescribe rules and regulations for the establishment of eligible lists for appointment and promotion which shall contain the names of successful candidates in the order of their relative excellence in the respective examinations. The term of eligibility of candidates on such lists shall be one year, but such term may be extended by the director to a maximum of three years.
Sec. 31. Appointments shall be made from the appropriate eligible list, but if no such list exists then the director may certify from such other list as he deems the next most appropriate. A new and separate list shall be created for a stated position only when there is no satisfactory list. No person shall be appointed or employed under any title not appropriate to the duties performed, and no person shall be transferred to, nor assigned to perform the duties of, any position in the classified service, unless otherwise provided by this act.
Sec. 32. In establishing the lists of eligibles, certain preferences shall be allowed for veterans not dishonorably discharged from the armed forces of the United States. For disabled veterans, ten points shall be added to the passing grade achieved on the examination; for ex-service men and women who have not suffered disabilities, and for the widows of veterans, five points shall be added to the passing grade achieved on the examination.
κ1953 Statutes of Nevada, Page 653 (CHAPTER 351, SB 2)κ
Sec. 33. Appointing authorities shall give written notice to the director of their intention to establish new positions and of the existence of any vacancy to be filled in any office or employment in the classified service and, within a reasonable time after the receipt of such notice, the director shall certify from the list of eligibles, appropriate for the grade and class in which the position is classified, the three names at the head thereof.
Sec. 34. The appointing authority shall appoint on probation, with sole reference to merit and fitness, one of the said candidates, whose name is certified in the manner above set forth, to fill such vacancy. The provisions of this section shall not apply when the office or employment is among those listed for which competitive examinations are not required.
Sec. 35. As soon as practicable after the effective date of this act and after consultation with the director, the appointing authorities and other supervising officials of the various state departments, agencies, and institutions shall establish standards of work performance for each class of positions. The director shall maintain service records of performance efficiency, character, and conduct by a system of service ratings based upon such standards. The director shall establish rules and regulations in respect to such service ratings and prescribe the extent to which such service ratings shall be considered in determining the advisability of transfers, the promotion of an employee to a higher class, the question of reduction or dismissal of any employee, increases and decreases in salary of an employee within the salary range established under this act, and in all other decisions relating to the status of employees. The director may further by rule and regulation prescribe the extent to which such ratings and the reports upon which they are based shall be open to inspection.
Sec. 36. Vacancies in positons shall be filled, so far as practicable, by promotion within a department or agency from among persons holding positions in the classified service. Promotions shall be based upon merit and fitness to be ascertained in accordance with rules and regulations established by the director, and in which the employees efficiency, character, conduct and length of service shall all constitute factors. Eligibility for promotion will be determined on recommendation of the appointing authority and certification by the director that the employee meets the minimum requirements and demonstrates his qualifications in accordance with rules and regulations established by the director. The director may provide, in specific cases, for competitive promotional examinations among employees of departments other than that in which a particular vacancy in a higher classification may exist. An advancement in rank or grade or an increase in salary beyond the maximum fixed for the class shall constitute a promotion.
Sec. 37. Any promotional appointee who fails to attain permanent status in the position to which he was promoted, or who is dismissed for cause other than misconduct or delinquency on his part from the position to which he was promoted either during the probationary period, or at the conclusion thereof by reason of the failure of the appointing authority to file a request for his continuance in the position, shall be restored to the position from which he was promoted.
κ1953 Statutes of Nevada, Page 654 (CHAPTER 351, SB 2)κ
restored to the position from which he was promoted. Nothing contained in this section shall be construed to prevent any employee of the classified service from competing for places upon lists of persons eligible for original appointments.
Sec. 38. Positions in the classified service may be filled without competition only as follows:
(1) Whenever there are urgent reasons for filling a vacancy in any position in the classified service and the director is unable to certify from any appropriate eligible list for the vacancy, the director may issue a provisional permit or certify a suitable person to fill such vacancy provisionally only until a selection and appointment can be made after competitive examination; but no person shall receive more than one provisional appointment, nor serve more than six months in any twelve-month period as a provisional appointee, except during the period necessary for this act to become fully operative, in order to avoid stoppage of orderly conduct of state business. A provisional appointee must meet the minimum qualifications established for the class of positions involved.
(2) In case of an emergency, an appointment may be made without regard to the provisions of this act, relative to appointments, but in no case shall continue longer than sixty working days in any twelve-month period, except during the period necessary for this act to become fully operative in order to avoid stoppage of orderly conduct of state business.
(3) In case of a vacancy in a position where peculiar and exceptional qualifications of a scientific, professional, or expert character are required, and upon satisfactory evidence that for specified reasons competition in such special cases is impracticable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in such qualities, the director may suspend the requirements of competition in such case, but no suspension shall be general in its application to such position, and all such cases of suspension and the justifying circumstances shall be reported in the biennial report of the department with the reasons for the same.
(4) Where the services to be rendered by an appointee are for a temporary period not to exceed six months and a proper list of eligibles is not available, the director shall certify for such temporary service any person he deems qualified. Temporary positions which occur, terminate, or recur periodically shall be filled by certification in accordance with rules and regulations established by the director. The acceptance or refusal by an eligible of a temporary appointment shall not affect his standing on the register for permanent employment, nor shall the period of temporary service be counted as part of the probationary period in case of subsequent appointment to a permanent position. Successive temporary appointments to the same position shall not be made under this provision, except during the period necessary for this act to become fully operative in order to avoid stoppage of orderly conduct of the business of the state.
Sec. 39. All original competitive appointments to and promotions within the classified service shall be for a fixed probationary period of six months, except that a longer period not exceeding one year may be established for classes of positions in which the nature of the work requires a longer period for proper evaluation of performance.
κ1953 Statutes of Nevada, Page 655 (CHAPTER 351, SB 2)κ
established for classes of positions in which the nature of the work requires a longer period for proper evaluation of performance. Dismissals or demotions may be made at any time during such period in accordance with rules and regulations established by the director. Prior to the end of the probationary period and in accordance with rules and regulations established by the director, the appointing authority shall notify the director in writing whether or not the probationer is a satisfactory employee and should receive the status of a permanent appointee.
Sec. 40. Transfers in the classified service may be made from a position in one grade or class to a position in another grade or class, when the duties and compensation are similar, in accordance with rules and regulations established by the director, and when such action is specifically approved by the director.
Sec. 41. The director shall prescribe rules and regulations for attendance, and leaves with or without pay or reduced pay, in the various classes of positions in the public service.
Sec. 42. All employees in the public service, whether in the classified or unclassified service, shall be entitled to annual leave with pay of not less than one and one-quarter working days for each full calendar month of service and may be cumulative from year to year not to exceed thirty working days. Any employee entitled to annual leave on the effective date of this act shall be credited with such unused leave time upon the effective date of this act.
Sec. 43. All employees in the public service, whether in the classified or unclassified service, shall be entitled to sick and disability leave with pay of not less than one and one-quarter working days for each full calendar month of service and may be cumulative from year to year not to exceed ninety working days. Any employee, whether in the classified or unclassified service, shall be credited with, and be eligible for, sick and disability leave for service rendered prior to the passage and approval of this act in the same ratio, and subject to the same limitations, set forth herein and such accrued sick and disability leave shall be credited upon the approval and passage of this act.
Sec. 44. Any person holding a permanent position in the classified service may be granted a leave of absence without pay. Leave of absence may be granted to any person holding a position in the classified service to permit acceptance of an appointive position in the unclassified service.
Sec. 45. A permanent or probationary employee who performs active military service under the provisions of any national military service or training act, or who voluntarily serves in the armed forces of the United States in time of war or in such types of service as the director by rule and regulation may prescribe, shall be entitled upon application to leave of absence without pay for the period of such service, plus a period not to exceed ninety days, and, if within such period, he applies for reinstatement, he shall be reinstated to his former class of position, or to a class of position having like seniority, status, and pay, or, if such positions have been abolished, to the nearest approximation thereof, consistent with the circumstances.
Sec. 46. Any person holding a position in the classified service who is an active member of the United States army reserve, the United States air force reserve, the United States naval reserve, the United States marine corps reserve, the United States coast guard reserve, the United States public health service reserve, or the Nevada national guard, shall be relieved from his duties upon request therefor, to serve under orders on training duty without loss of his regular compensation for a period not to exceed fifteen working days, in any one calendar year, and any such absence shall not be deemed such employees annual vacation provided for by law.
κ1953 Statutes of Nevada, Page 656 (CHAPTER 351, SB 2)κ
is an active member of the United States army reserve, the United States air force reserve, the United States naval reserve, the United States marine corps reserve, the United States coast guard reserve, the United States public health service reserve, or the Nevada national guard, shall be relieved from his duties upon request therefor, to serve under orders on training duty without loss of his regular compensation for a period not to exceed fifteen working days, in any one calendar year, and any such absence shall not be deemed such employees annual vacation provided for by law.
Sec. 47. Any person who has held a position by permanent appointment in the classified service under the law and rules, and who has been separated from the service without prejudice, may be eligible for reinstatement to a position in the same or similar grade or class in the classified service, subject to the rules and regulations established in accordance with the provisions of this act.
Sec. 48. In accordance with the rules and regulations, an appointing authority may lay off an employee in the classified service whenever he deems it necessary by reason of shortage of work or funds, or the abolition of a positon or other material changes in duties or organization. The status, seniority, and service rating of employees shall be considered, in such manner as the rules shall provide, among the factors in determining the order of the layoffs. The appointing authority shall give written notice to the director of every proposed layoff a reasonable time before the effective date thereof, and the director shall make such orders relating thereto as he considers necessary to secure compliance with the rules. The name of every regular employee so laid off shall be placed on an appropriate reemployment list.
Sec. 49. An appointing authority may dismiss or demote any permanent classified employee when he considers that the good of the public service will be served thereby, and for disciplinary purposes may suspend without pay a permanent classified employee for a period not to exceed thirty days, but no employee in the classified service shall be dismissed for religious or racial reasons. In case of a dismissal or suspension, the director shall be furnished with a statement in writing specifically setting forth the reasons for such dismissal or suspension. A copy of such statement shall be furnished to such employee.
Sec. 50. Any employee so dismissed or suspended may request in writing within thirty days after receipt of such notification a hearing before the commission to determine the reasonableness of such action and the commission shall grant the employee a hearing within forty-five days after receipt of such request. At the hearing of such appeals, technical rules of evidence shall not apply.
Sec. 51. After the hearing and consideration of the evidence for and against a dismissal or suspension, the findings and recommendations of the commission shall be submitted to and considered by the appointing authority, who may, not later than thirty days after receipt of such findings and recommendations, reinstate the employee with or without pay for the period of suspension, or otherwise modify his original decision of suspension, demotion, or discharge. When any employee is dismissed and not reinstated after such appeal, the commission in its discretion may direct that his name be placed on an appropriate register, or may take steps to effect the transfer of the employee to a comparable position in another department.
κ1953 Statutes of Nevada, Page 657 (CHAPTER 351, SB 2)κ
employee is dismissed and not reinstated after such appeal, the commission in its discretion may direct that his name be placed on an appropriate register, or may take steps to effect the transfer of the employee to a comparable position in another department.
Sec. 52. Each appointing authority shall report to the director forthwith in writing upon any appointment or employment in the public service, the name of the appointee, or employee, the title and character of his office or employment, the date of commencement of service by virtue thereof, and the salary or compensation thereof, and shall report from time to time upon the date of the official action in, or knowledge of, any separation of a person from the public service or any promotion, reduction, suspension, transfer, reinstatement or other change therein, the efficiency of his subordinates and employees, and other information, in such manner as the director may prescribe by rule and regulation.
Sec. 53. After July 1, 1955, neither the state controller nor other fiscal officer of the state shall draw, sign, issue or authorize the drawing, signing, or issuing of any warrant on the treasurer or other disbursing officer of the state, nor shall the treasurer or other disbursing officer of the state pay any salary or compensation to any person in the classified or unclassified service of the state, unless the payroll or account for such salary or compensation containing the name of every person to be paid, shall bear the certificate of the director or his authorized representative that the persons named in such payroll or account have been appointed, employed, reinstated, or promoted as required by law and the rules and regulations established hereunder, and that the salary or compensation is within the salary or wage schedule fixed pursuant to law.
Sec. 54. Any sum willfully paid contrary to the provisions of this act may be recovered from any officer or officers making such appointments, or from any officer signing or countersigning or authorizing the signing or countersigning of any warrant for the payment of same, or from the sureties on the official bond of any said officers, in an action in the district court of any county within the state, maintained by the director or any member of the commission. All moneys recovered in any action brought under this section when collected shall be paid into the appropriate fund in the state treasury.
Sec. 55. Any person employed or appointed contrary to the provisions of this act and the rules and regulations thereunder whose payroll or account is refused certification shall have an action against such appointing authority employing or appointing or attempting to employ or appoint him for the amount due by reason of such employment or purported employment and the costs of such action. No appointing authority, during the time of his or their official service or thereafter, shall be reimbursed by the state for any sum so paid or recovered in any such action.
Sec. 56. If the director wrongfully withholds certification of the payroll or account of any employee, such employee may maintain a proceeding to compel the director to certify such payroll or account.
κ1953 Statutes of Nevada, Page 658 (CHAPTER 351, SB 2)κ
Sec. 57. All officers and employees of this state shall conform to, comply with, and aid in all proper ways in carrying into effect the provisions of this act and the rules and regulations prescribed thereunder. All officers and employees shall furnish any records or information which the director or commission may request for any purpose of this act. This act shall not be construed to limit the power and authority of elective officers and heads of departments to conduct and manage the affairs of their departments as they see fit.
Sec. 58. Employees holding positions in the classified service herein for two years or more immediately prior to the effective date of this act shall be continued in their respective positions without further examination, until separated from their positions as provided by law; provided, that the director shall survey the qualifications of all such employees, and shall report the results of such survey to the proper appointing authorities. Those employed less than two years immediately prior to the effective date of this act shall also be continued in their respective positions; provided, within one year after this act takes effect they pass a qualifying test prescribed by the director, unless otherwise provided in this act. Those who shall have failed to qualify, as provided herein, shall be dismissed from their positions within thirty days after establishment of an eligible list for their respective positions. Nothing herein shall preclude the reclassification or reallocation as provided by this act of any position held by any such incumbent. The provisions of this section shall apply to any employee holding a position in the classified service and who is separated therefrom in accordance with the provisions for leave of absence set forth in this act.
Sec. 59. The public employees retirement board and the executive secretary thereof, and the department of personnel and the director thereof are hereby authorized and directed to cooperate in all phases of their operations whereby duplication of staff, duplication of duties and work, and duplication of office equipment and records may be avoided. The two agencies by mutual agreement shall each pay its proper share of salary and other administrative expenses incurred in joint operations. The two agencies are authorized and directed to cooperate to the fullest extent whereby maximum economy and efficiency in operation will be achieved, as well as maximum benefits for the employees of Nevadas departments, agencies, offices, and institutions.
Sec. 60. The officers having control of public buildings in political subdivisions of the state and school districts shall, upon request of the director, furnish convenient and reasonable space for examinations and necessary furniture, heat, and light for accommodation of the local examiners, and for the holding of examinations, hearings, or investigations authorized by this act. The director may request state or local officers or employees to aid in carrying out the provisions of this act, and it shall be the duty of such officers and employees, insofar as it may be consistent with their other duties, to give such aid upon written request of the director.
Sec. 61. The services and facilities of the department and its staff shall be available upon request, subject to the rules and regulations prescribed therefor by the director, to political subdivisions of the state.
κ1953 Statutes of Nevada, Page 659 (CHAPTER 351, SB 2)κ
shall be available upon request, subject to the rules and regulations prescribed therefor by the director, to political subdivisions of the state. In making such services and facilities available, it shall be understood that requirements for the enforcement and administration of the provisions of this act shall be given precedence, and that the political subdivisions shall reimburse the department for the reasonable cost of such services and facilities.
Sec. 62. If and when this act has met the standards required for a merit system of personnel administration by interested federal agencies, it shall supersede the merit system provisions of any Nevada statute now in full force and effect, and particularly it shall supersede chapter 212, Statutes of Nevada 1945. At such time, upon the presentation of satisfactory evidence to the commission by the director that the system has met the standards required by interested federal agencies, the commission shall publicly proclaim the fact, along with the transfer provided in this section. The provisions of this act shall then become applicable to the employees of the Nevada employment security department, the Nevada state department of health, the Nevada state welfare department, and the Nevada state merit board, who shall retain without impairment or diminution all rights and status acquired under the merit system now applicable to them, and such merit system together with the personnel, records, papers, files, registers, property, equipment, and funds thereof shall be transferred to the Nevada state department of personnel in accordance with such federal standards and any applicable federal fiscal requirements.
Sec. 63. When requested by the governor, the legislature, or their duly authorized representatives, the director of personnel shall have authority to investigate duplication of personnel work of departments, institutions, and agencies of the state government; to study the personnel organization and administration of such departments, institutions, and agencies; to formulate plans for better and more effective personnel management; and he shall prepare and report any personnel data or statistics which he or they may require. The director is hereby authorized and directed to cooperate with the heads of departments and agencies in making similar personnel studies in their respective departments and agencies.
Sec. 64. There is hereby created a nonreverting working capital fund in the sum of $10,000 to be known as the personnel administration fund. All money received by the department from the federal government or any other source shall be deposited in the personnel administration fund, and shall be paid out on claims against the fund as other claims against the state are paid. All claims against the personnel administration fund shall be approved by the director before they are paid.
Sec. 65. Beginning with the effective date of this act the director shall maintain accurate records reflecting the cost of administering its provisions, and at the close of each quarter-year period he shall summarize said cost, and shall bill each department, agency, or institution with a pro rata share of the administrative cost based on the relationship between the quarterly average number of employees in the classified service of such department, agency, or institution, and the quarterly average number of employees in the classified service of all the departments, agencies, or institutions for the appropriate calendar quarter; provided, however, that until such time as the merit system provided by chapter 212, Statutes of Nevada 1945 has been integrated in accordance with the terms of section 62 of this act, all departments and employees operating under such merit system shall be excluded from the provisions of this section.
κ1953 Statutes of Nevada, Page 660 (CHAPTER 351, SB 2)κ
classified service of such department, agency, or institution, and the quarterly average number of employees in the classified service of all the departments, agencies, or institutions for the appropriate calendar quarter; provided, however, that until such time as the merit system provided by chapter 212, Statutes of Nevada 1945 has been integrated in accordance with the terms of section 62 of this act, all departments and employees operating under such merit system shall be excluded from the provisions of this section.
Sec. 66. From and after July 1, 1955, all departments, agencies, and institutions operating under the provisions of this act shall include in their budgets sufficient amounts to meet their pro rata shares of the cost of administering this act and shall remit such shares quarterly from departmental funds to the personnel administration fund in the manner provided by law.
Sec. 67. The department is hereby authorized and directed to accept on behalf of the state and to deposit in the personnel administration fund any grant or contribution, federal or otherwise, made to assist in meeting the cost of carrying out the purposes of this act.
Sec. 68. The director shall execute a surety bond in the sum of $15,000, conditioned upon the faithful performance of his duties as custodian of the personnel administration fund, in such form as may be prescribed by law. Surety bonds may be executed for such other department employees and in such amounts as may be designated by the director. Premiums for said bonds shall be paid from the personnel administration fund. All sums recovered on official bonds for losses sustained by the personnel administration fund shall be deposited in said fund.
Sec. 69. No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment, made under any provision of this act or in any manner commit or attempt to commit any fraud preventing the impartial execution of this act and the rules and regulations.
Sec. 70. No person shall, directly or indirectly, give, render, pay, offer, solicit, or accept any money, service, or other valuable consideration for or on account of any appointment, proposed appointment, promotion, or proposed promotion to, or any advantage in, a position in the classified service.
Sec. 71. No employee of the department, examiner, or other person shall defeat, deceive, or obstruct any person in his right to examination, eligibility, certification, or appointment under this law, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service.
Sec. 72. Any person who has been or remains a member of any subversive organization as defined by the attorney general of the United States, composed of two or more members, which directly or indirectly advocates, advises, teaches, or practices, the duty, necessity, or propriety of controlling, conducting, seizing, or overthrowing the government of the United States, of this state, or of any political subdivision thereof by force or violence shall be ineligible for appointment to or employment in a position in the public service, and if he is an officer or employee of the state, shall forfeit his office or position.
κ1953 Statutes of Nevada, Page 661 (CHAPTER 351, SB 2)κ
employment in a position in the public service, and if he is an officer or employee of the state, shall forfeit his office or position. This act shall not be construed to prohibit the existence of an organization of state employees, nor to prohibit any state officer or employee from becoming a member of such an organization.
Sec. 73. Any person who willfully violates any provision of this act or of the rules and regulations prescribed thereunder, shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail for not more than six months, or by fine of not more than $500, or by both. Any person who is convicted of a misdemeanor under this act shall, for a period of five years, be ineligible for appointment to or employment in a position in the public service, and if he is an officer or employee of the state, shall forfeit his office or position.
Sec. 74. That certain act of the legislature of the State of Nevada entitled, An Act providing for the creation of a state merit system of personnel administration for the Nevada employment security department, the Nevada state department of health, and the divisions of child welfare service and of old-age assistance within the state welfare department; providing for the appointment of a state merit board and a merit system supervisor; transferring certain funds, records, equipment, and employees to the state merit board; outlining the duties and authority of the state merit board and of the officers and employees of the board; providing for the selection of personnel on the basis of merit; providing for appeals and establishing rules of evidence; creating a fund from moneys made available to the board by the Nevada employment security department, the Nevada state department of health, and the divisions of child welfare service and old-age assistance within the Nevada state welfare department, and authorizing expenditures from that fund for administrative purposes, approved March 26, 1945, is hereby repealed, and the repeal shall be in full force and effect from and after July 1, 1955.
Sec. 75. That certain act of the legislature of the State of Nevada entitled, An Act providing for leave of absence for all state employees, the length of time of such leave, and providing for their salary during such time, approved February 21, 1911, is hereby repealed.
Sec. 76. That certain act of the legislature of the State of Nevada entitled, An Act specifying the hours during which the clerk of the supreme court office shall be open for the transaction of business, approved March 25, 1939, is hereby repealed.
Sec. 77. Any and all other acts or parts of acts, not hereinbefore specified, which are in conflict with any of the provisions of this act, are hereby repealed.
Sec. 78. Except for sections 53 and 74, this act shall become effective immediately upon passage and approval.
________
κ1953 Statutes of Nevada, Page 662κ
Assembly Bill No. 419Mr. Coulthard (by request).
CHAPTER 352
AN ACT providing for the transcription of testimony in certain designated cases, providing for the payment thereof, providing for the deposit of payments with the clerk of the court, further providing for the payment by the clerk to the reporter or to his estate, and matters properly relating thereto.
[Approved March 30, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. When ordered by the court, the evidence in divorce, annulment of marriage and separate maintenance actions shall be reported and transcribed and the transcript thereof filed with the pleadings in the case. The cost of such transcript shall be immediately computed by the reporter and paid by the party ordered by the court to do so to the clerk of court, who shall pay the same to the reporter upon receiving from the latter the transcript of evidence; provided, however, that in all cases heretofore or hereafter where a transcript of evidence has not been filed due to the death of the reporter, and a period of not less than five years has elapsed and no claim having been made during that period by any party, the amount of money on deposit with the clerk, and payable to such reporter if a transcript of the evidence had been filed, shall be, by the clerk, paid to the estate of the decedent.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 175Senator Gallagher.
CHAPTER 353
AN ACT to amend an act entitled, An act regulating the practice of medicine, surgery and obstetrics, and other systems or modes of treating the sick or afflicted, in the State of Nevada; defining the practice thereof; providing for the examination of applicants for license and the practice of those licensed to treat diseases, injuries, deformities, or other physical or mental conditions of human beings; providing for the appointment of a state board of medical examiners and defining their duties; defining certain misdemeanors and providing penalties therefor, and repealing all other acts or parts of acts in conflict therewith, approved March 28, 1949, 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 8 of the above-entitled act, being section 8 of chapter 169, 1949 Statutes of Nevada, is amended to read as follows:
Section 8. Every person desiring to practice medicine, surgery, and obstetrics in any of their branches shall, before beginning to practice, procure from the state board of medical examiners a certificate authorizing such practice. No certificate shall be issued to any person who is not a citizen of the United States or Canada, if he has declared his intention to become a citizen of the United States, nor to any person who has not served as an interne for at least one year in a hospital recognized for interne training by the American medical association, unless he has been engaged in the actual practice of medicine for over seven years immediately previous to the date that this act goes into effect.
κ1953 Statutes of Nevada, Page 663 (CHAPTER 353, SB 175)κ
intention to become a citizen of the United States, nor to any person who has not served as an interne for at least one year in a hospital recognized for interne training by the American medical association, unless he has been engaged in the actual practice of medicine for over seven years immediately previous to the date that this act goes into effect. The applicant for such certificate shall submit to said board, through its secretary, his or her diploma or photostatic copy thereof issued by a United States or Canadian medical school recognized as reputable by said board, the requirements of which medical school shall have been, at the time of granting such diploma, in no particular less than those prescribed for that year by the American medical association, and also a certificate or other document proving a period of internship of not less than one year in a hospital recognized for interne training by the American medical association, unless he has been engaged in the actual practice of medicine for over seven years immediately previous to the date that this act goes into effect. These shall be accompanied by a fee of one hundred dollars which shall in no case be returned, and by an affidavit setting forth the number and duration of terms the applicant was required to attend, that the applicant is the lawful possessor of the diploma, is the person named therein, and that it was procured without fraud or misrepresentation of any kind, and also accompanied by an affidavit of two physicians, residents of the county in which the applicant has most recently resided, stating that the applicant is the identical person named in the diploma and is of good moral standing and of good repute. In addition to such affidavits the board may take such further evidence as in its discretion may be deemed proper concerning the matters embraced therein. If it shall appear that the applicant is not of good moral character or that any credential submitted is false, the applicant shall be rejected. The board may retain the diploma for a reasonable time, not to exceed six (6) months.
Sec. 2. Section 21 1/2 of the above-entitled act as amended by section 1 of chapter 124, 1951 Statutes of Nevada, is amended to read as follows:
Section 21 1/2. The Nevada state board of medical examiners (hereinafter referred to as the board) shall have the authority in its discretion to issue permits to any properly qualified applicant to serve as resident medical officer in any hospital in Nevada subject to the provisions of this section.
(1) He shall practice medicine, surgery, and allied specialties only within the confines of the hospital specified on his permit and under the supervision of the regular hospital medical staff. He shall be a citizen of the United States or of Canada who shall have declared his intention to become a citizen of the United States, and a graduate of an accredited medical school of the United States or Canada, as judged by the board. He shall be of good moral character. The board shall have in its possession, before granting any permit to an individual, a letter from a hospital in Nevada, requesting issuance of a permit to serve as a resident medical officer to that individual.
(2) Such permits will in general be issued at the stated meetings of the board, but the president and secretary of the board shall have power to jointly issue permits between meetings of the board, and these permits will be subject to approval or disapproval at the next subsequent meeting of the board.
κ1953 Statutes of Nevada, Page 664 (CHAPTER 353, SB 175)κ
the board, but the president and secretary of the board shall have power to jointly issue permits between meetings of the board, and these permits will be subject to approval or disapproval at the next subsequent meeting of the board.
(3) The duration of the permit shall be determined by the board but shall in no case be in excess of one year. It shall be renewable at the discretion of the board.
(4) The permit to serve as resident medical officer shall not entitle the holder to engage in the private practice of medicine, surgery, or obstetrics as defined in this act.
(5) Any permit granted under authority of this section can be revoked by the board at any time for reasons deemed sufficient by the board.
(6) The board shall hereby be empowered to formulate any rules and regulations, subject to the provisions of this section, for carrying out its purposes.
(7) The issuance of a permit to serve as resident medical officer shall in no way obligate the board to grant any regular license for the practice of medicine, surgery, and allied specialties in Nevada.
Sec. 3. This act shall become effective on passage and approval.
________
Senate Bill No. 128Senator Gallagher.
CHAPTER 354
AN ACT to amend an act entitled, An act to establish a state board of examiners in the basic sciences underlying the practice of the healing art, to provide for its organization and powers, to provide that certification by that board be a prerequisite to eligibility for examination for licenses to practice the healing art, and to define the healing art, approved March 24, 1951.
[Approved March 30, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 8 of the above-entitled act, being section 8 of chapter 332, 1951 Statutes of Nevada, is amended to read as follows:
Section 8. No certificate shall be issued by the board unless the person applying for it submits evidence, satisfactory to the board, (1) that he is a citizen of the United States or a citizen of Canada and has declared his intention of becoming a citizen of the United States and is not less than twenty-one years old; (2) that he is a person of good moral character; (3) that before he began the study of the healing art he was graduated by an accredited high school, or that he possesses educational qualifications equivalent to those required for graduation from such an accredited high school; and (4) that he has adequate knowledge of the basic sciences as shown by his passing the examination given by the board, as by this act required.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 665κ
Assembly Bill No. 395Mr. Revert.
CHAPTER 355
AN ACT to amend an act entitled, An act to provide a general highway law for the State of Nevada, approved March 23, 1917, as amended.
[Approved March 30, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, as last amended by chapter 266, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 3. The governor shall be chairman of the board of directors of the highway department. Said directors shall select a state highway engineer, who shall be a competent engineer, skilled and experienced in highway and bridge design, and who shall have had at least five years experience in highway construction. Said state highway engineer shall receive a salary of not less than eight thousand four hundred dollars ($8,400) the year, payable out of the highway funds in equal monthly installments, upon the authority of a certificate from the board of directors, approved by the board of examiners, evidencing the amount so fixed. He shall be allowed his actual necessary traveling expenses when absent from the state capital upon business of the state. He shall devote his whole time to the duties of his office, and may be removed by the board of highway directors at any time. The state highway engineer, before entering upon the duties of his office, shall take the official oath and file a bond with the secretary of state of the State of Nevada in the sum of fifty thousand dollars ($50,000), conditioned upon the faithful performance of his duties as such engineer, and upon the proper expenditure of the moneys constituting the revolving fund hereinafter authorized, and the rendering of a true account of any and all moneys so expended, to the board of directors of said department of highways; and the assistant state highway engineer and the auditor of the state highway department shall each take the official oath and file with the secretary of state a bond payable to the State of Nevada in the penal sum of thirty thousand dollars ($30,000) for the faithful performance of their duties, respectively, as such assistant state highway engineer and as such auditor, and for the proper expenditure of the moneys constituting said revolving fund, drawn upon checks or vouchers signed by them or either of them in accordance with law, and to render a true account to said board of directors of all moneys so expended on checks drawn or signed by them, or either of them, said bonds to be approved by the governor. The premium upon such bonds, if surety company bonds be furnished, shall be paid from the state highway fund.
________
κ1953 Statutes of Nevada, Page 666κ
Assembly Bill No. 388Committee on Fish and Game.
CHAPTER 356
AN ACT to amend an act entitled, An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating the state fish and game commission, county game management boards, and certain other offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the regulation and licensing of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom; providing penalties for violation thereof; and repealing certain acts and parts of acts in conflict therewith, approved March 22, 1947.
[Approved March 30, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 20 of the above-entitled act, as last amended by chapter 146, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 20. For the purposes specified in this act, the State of Nevada is divided into separate and distinct districts for the protection and preservation of fish and game on the land and in the water. Said enumeration and classification and the specification of the first and last day of the open or of the closed season found in sections 21 and 27 of this act, respecting fishing, or sections 57 to 64, inclusive, respecting hunting, shall not prohibit the state fish and game commission or the respective county game management boards from taking any of the following steps by general rules and regulations or in specific instances and giving public notice thereof as is elsewhere in this act provided:
(1) The creation of districts embracing other or different combinations of counties or parts of counties; provided, that where a district embraces more than one county or parts of more than one county, such district shall only be created upon the unanimous approval of the county boards of each county involved;
(2) The creation of districts embracing contiguous territory located in more than one county irrespective of county boundary lines;
(3) Establishing from time to time the day of the year when an open season shall begin or end; provided, that no open season shall be longer than the period of time now fixed by law, but may be shorter; provided further, the commission with the approval of the county board or boards in the county or counties affected may extend the open season or establish a special season in any one year in case of emergency arising from overpopulation in respect of any species of game, or for the proper game management and control;
κ1953 Statutes of Nevada, Page 667 (CHAPTER 356, AB 388)κ
(4) Regulating fishing for catfish, black bass, carp and other coarse fish, within discretion as to the beginning, ending, or period of duration of any open season and otherwise and as an exception to the existing provisions of law;
(5) Making such provisions for the licensing of fishing in Lake Mead, Lake Mohave and the Colorado River, as may be deemed convenient to promote reciprocity and uniformity between Nevada and adjoining states and more efficient and harmonious law enforcement;
(6) Exercising such control on state and county levels through regulations of the state commission and the respective county game management boards as may in the judgment of the said bodies best conserve the fish resources of the state as whole and of the respective counties and promote the equitable distribution of fish and fishing opportunities among the people of the respective communities of this state;
(7) Providing supervision and control throughout this state over all orders closing the open season temporarily or permanently on the score of emergency imperiling the preservation and conservation of fish, or otherwise, and requiring the approval of all such orders by the state fish and game commission before they become effective.
Sec. 2. This act shall be effective upon passage and approval.
________
Assembly Bill No. 185Mr. Hawes.
CHAPTER 357
AN ACT to amend an act entitled, An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating the state fish and game commission, county game management boards, and certain other offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the regulation and licensing of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom; providing penalties for violation thereof; and repealing certain acts and parts of acts in conflict therewith, approved March 22, 1947.
[Approved March 30, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 45 of the above-entitled act, as last amended by chapter 98, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 45. It shall be unlawful for any person to fish in or from any of the waters of the State of Nevada for any fish of any species whatever with any seine, net, spear, set line, set hooks, grab hooks, trot line, or snag line, or in any manner known as snagging, or with any weir fence, trap, giant powder, or any other explosive compound, or in any manner other than with hook and line attached to a rod held in the hands and in the manner known as angling; provided, that carp or other coarse fish may be taken by seine.
κ1953 Statutes of Nevada, Page 668 (CHAPTER 357, AB 185)κ
trot line, or snag line, or in any manner known as snagging, or with any weir fence, trap, giant powder, or any other explosive compound, or in any manner other than with hook and line attached to a rod held in the hands and in the manner known as angling; provided, that carp or other coarse fish may be taken by seine. As used in this section, the word hook shall be deemed to include not more than three baited hooks, nor more than three fly hooks, or an attractor or plug or similar lure in one piece or jointed, having not more than three hooks attached thereto; provided, that no more than two such attractors, plugs, or lures shall be attached to the line; and provided further, that only one such combination of hook, line, and rod shall be used by one person at any time. The commission may prescribe by regulation the types of bait which may or may not be used in any designated water, and it shall be unlawful for any person to use any bait prohibited by regulation.
Sec. 2. Section 49 of the above-entitled act, as last amended by chapter 313, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 49. The state fish and game commission shall prepare the licenses for hunting, fishing, and trapping and shall deliver such licenses to agents designated by the commission for sale to the public. Such licenses, granting the privilege to hunt, fish, or trap during the open season as provided in this act, shall be of such form as is deemed necessary by the commission but must include the following information:
The holders name, address and description; the date issued; the expiration date thereof, which shall be December 31 of the year in which issued; the correct designation as to whether a fishing, hunting or trapping license; and a statement to be signed by the holder, I, the holder of this license, hereby state that I am entitled to this license under the laws of the State of Nevada and that no false statement has been made by me to obtain this license and that I further agree to abide by the laws made and provided for the protection of fish and game within the State of Nevada.
Agents designated by the fish and game commission shall be responsible for the correct issuance of all licenses entrusted to him, and so far as he is able to determine that no licenses shall be issued upon the false statement of an applicant. Prior to issuing any license the agent shall satisfy himself of the identity of the applicant, the place of his residence and shall require of all applicants exhibition to him of proof of their identity and residence. He is responsible to the commission for the collection of the correct and required fee, for the safeguarding of the moneys collected by him, and for the prompt remission to the commission for deposit in the state treasury of all moneys collected. Agents shall be required to furnish bond to the commission for the proper performance of their duties in such amounts as may be determined by the commission. Premiums for such bond shall be paid from the state fish and game fund. All moneys collected by the agent shall be deemed to be public moneys of the State of Nevada and shall not be commingled with personal, private or business funds but shall at all times be maintained distinct and separate from any such funds, and the state shall have a prior claim upon these moneys over all creditors, assignees, or other claimants.
κ1953 Statutes of Nevada, Page 669 (CHAPTER 357, AB 185)κ
not be commingled with personal, private or business funds but shall at all times be maintained distinct and separate from any such funds, and the state shall have a prior claim upon these moneys over all creditors, assignees, or other claimants. Commingling of these funds with private or business assets or the use of these funds for private or business transactions shall be deemed to be a misuse of public funds, and punishable under the laws provided. The commission shall provide rules and regulations regarding the number of license agents to be designated in any locality, the standards to be met by license agents, the manner of remitting funds to the commission, the manner of accounting for licenses received, issued, sold, or returned. At the time that agents forward moneys collected to the commission they may retain the amount set by the commission for the sale of such licenses which amount shall not exceed 5 percent of the funds collected nor more than 25 cents per license in any instance. The commission shall furnish to the license agent receipts for licenses or moneys returned to them and shall require of the license agent that he deliver the commission receipt for any license received; provided, however, the said commission may appoint the county clerk of each of the several counties as the licensing agent of the state fish and game commission for said county, who, notwithstanding any other provision of law, shall be entitled personally to the same fees and commissions as any other agent appointed by the commission.
Sec. 3. Section 50 of the above-entitled act, as last amended by chapter 276, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 50. The licenses shall be issued at the following prices:
First-To any citizen of the United States, who has been a bona fide resident of the State of Nevada for six months, upon the payment of $3.50 for a fishing license, $3.50 for a hunting license, and $1 for a trappers license; provided, that fishing and hunting licenses and deer tags shall be furnished free of charge to all citizens of the State of Nevada who have attained the age of sixty-five years or upwards.
Second-To any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, regardless of age, upon the payment of $5 for a fishing license, or $3.50 for a five day permit to fish, $25 for a hunting license, or $10 for a trappers license.
Third-To any resident-citizen over 18 years of age who intends to or does trap any mink or muskrat, a special license to trap such animals upon payment of the sum of $10 in addition to the foregoing trappers license fee. To any nonresident or alien over 16 years of age $100.
Fourth-All sums received from the sale of hunting, fishing, and trappers licenses shall be paid into the state treasury to the credit of the state fish and game fund.
The state board of fish and game commissioners is hereby authorized and empowered to enter into agreements with states adjoining the State of Nevada for management of big-game herds and for reciprocal licensing agreements for fishing in interstate waters.
κ1953 Statutes of Nevada, Page 670 (CHAPTER 357, AB 185)κ
Sec. 4. Section 62 of the above-entitled act, as last amended by chapter 309, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 62. It shall be unlawful to hunt at any time during the year other than during an open season, as may hereafter be designated for the respective counties by the fish and game commission, under the provisions of this act; provided, that during such open season of each year it shall be unlawful to kill, catch, trap, wound, or pursue with the intent to catch, trap, injure, or destroy more than one deer except under rules prescribed by the fish and game commission as hereinafter provided; provided further, that the county game management board of any county in the state, upon the application of any person, persons, organization, or governmental department may appoint a committee of one each, sportsmen, livestock, U. S. forest service, fish and wildlife service, and grazing service to consider the advisability of reducing the number of deer, elk, or bighorn sheep in any district or specified portion of such county; and whenever in the judgment of said committee big game have increased in numbers in any locality to such an extent that a surplus exists, or to such an extent that such animals are damaging public or private property, or are overgrazing their range or whenever necessary for proper management, said committee shall make appropriate recommendations to the state fish and game commission as to the area or areas being damaged, the extent of damage, and the number and kind of deer, elk, or bighorn sheep to be removed.
Upon the recommendation of the committee, the commission may determine the area or areas within such county from which said deer, elk, or bighorn sheep that may be killed by each license holder, the special license fee to be paid, the hunting season, which may be separate from or concurrent with the regular open season, and prescribe such other rules and regulations as may be necessary properly to conduct the hunt. Notwithstanding anything in this act or other law to the contrary no person shall be excused from the payment of a fee for the special license required by this section on account of age or race; provided, that the county game management board may, as an alternative to the appointment of the above committee, request that the fish and game commission assign technicians to conduct an investigation and present recommendations which may be considered by the commission in the same manner as if the recommendation had come from the above committee; provided further, that the special license fee shall be fixed at not more than ten ($10) dollars for the hunting season to which it relates for residents nor more than twenty-five ($25) dollars for nonresidents.
Sec. 5. Sections 22, 23, 24, 25 and 26 of the above-entitled act are hereby repealed.
Sec. 6. This act shall become effective upon passage and approval, except where license fees are changed from those in effect at the time of the passage and approval of this act the new license fees as provided in this act shall be effective on and after January 1, 1954.
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κ1953 Statutes of Nevada, Page 671κ
Assembly Bill No. 184Mr. Hawes.
CHAPTER 358
AN ACT to amend an act entitled, An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating the state fish and game commission, county game management boards, and certain other offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the regulation and licensing of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom; providing penalties for violation thereof; and repealing certain acts and parts of acts in conflict therewith, approved March 22, 1947.
[Approved March 30, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 75 of the above-entitled act is hereby repealed.
Sec. 2. The above-entitled act is hereby amended by inserting therein a new section to be numbered section 75, which shall immediately follow section 74 and shall read as follows:
Section 75. 1. Beaver and otter in the State of Nevada may not be taken in the open trapping season or at any other time except as herein provided. When the commission shall have determined from investigations or from complaints by landowners that an excessive population of beaver or otters does exist or that beaver or otter are doing damage to lands, streams, ditches, roads or water control structures, the commission may remove such excess or depredating beaver or otter by one of the following three methods:
(a) By live trapping such beaver or otter and removing them to other areas.
(b) By the employment of trappers to trap such beaver or otter and to retain and sell the pelts therefrom, the proceeds of sale being deposited in the fish and game fund.
(c) Whenever the commission shall determine that the manner of control specified in paragraphs (a) or (b) of this subsection is not practicable the commission may authorize the taking, trapping or killing of a limited number of beaver or otter by regulation providing for the issuance of special beaver tags to resident licensed trappers in the order in which they may apply for such tags, except that the landowner shall be given preference in the taking of beaver and otter from his own land, and provide the price to be paid therefor and the maximum number to be issued to any one person, and for any one designated area; provided, however, that the price for any such tag shall not exceed the sum of $2. Any such trapper shall not trap on private land except by written permission of the owner.
κ1953 Statutes of Nevada, Page 672 (CHAPTER 358, AB 184)κ
(d) Whenever beaver shall cause damage to private property during the summer irrigation period, the landowner or tenant shall immediately notify the commission or its nearest authorized agent. Within 24 hours after such notice, the commission or its agent shall:
1. Initiate action to remove or destroy the beaver; or
2. Authorize the owner or tenant to remove or destroy the beaver, and specify the means and procedure which shall be used.
2. Every such regulation shall provide the area and season in which beaver and otter may be taken, trapped or killed. Every tag shall authorize the holder thereof to take and sell only one beaver or otter. In the event the commission makes a regulation directing the issuance of special beaver tags as in this act provided, no person shall take, trap or kill any beaver or otter for which a tag is required by this act unless he has such tag on his person. Any tag issued to any person according to the provisions of this act shall at all times be subject to the inspection of any peace officer of the State of Nevada or any other person charged with the enforcement of the fish and game laws of the state.
3. When any person kills a beaver or otter under the provisions of this act, and has removed the pelt thereof, such person shall immediately affix the special beaver tag through an eye hole in the pelt.
4. The commission shall, after the close of the limited season, provided by this act, refund the fee paid by the license holders of all unused special beaver and otter tags, provided the holder shall have complied with existing regulations.
5. Except as otherwise provided by law, possession of any beaver or otter pelt shall be prima-facie evidence that the same has been unlawfully taken, unless the same shall have been tagged as herein provided.
6. The commission is authorized to promulgate such other and further regulations controlling marking, tagging and sealing which is deemed necessary and expedient to the proper enforcement of this act.
7. It shall be unlawful for any person to possess, buy, sell, barter, exchange or accept or offer for transportation or shipment, or to transport or ship, any pelts of beaver or otter taken within the State of Nevada unless such identification shall have been attached as herein provided. Whenever the commission shall have determined that beaver or otter are doing damage as herein specified and the commission shall determine that it will be necessary to remove beaver or otter from the land of a person to protect the lands of another landowner, the commission shall not be prevented from taking such beaver or otter by the refusal of the landowner to allow the commission employees to enter upon his land and the commission is authorized and empowered to enter upon the lands of such owner and remove beaver or otter in the manner authorized in paragraph (b) of subsection 1 of this section for the relief of other landowners and the protection of the public welfare.
8. The commission is specifically empowered to sell live beaver.
9. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both such fine and imprisonment.
κ1953 Statutes of Nevada, Page 673 (CHAPTER 358, AB 184)κ
shall be punished by a fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both such fine and imprisonment.
10. In addition to the penalties set forth in subsection 9, upon conviction for a violation of any provision of this section permits for taking beaver or otter may be cancelled by the commission for a period of 2 years for failure to properly conduct the authorized trapping operation or for failure to properly care for and cure pelts taken.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 215Committee on Fish and Game.
CHAPTER 359
AN ACT to amend an act entitled, An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds, and fish; creating the state fish and game commission, county game management boards, and certain other offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the regulation and licensing of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the establishment, closing, opening, and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom; providing penalties for violation thereof; and repealing certain acts and parts of acts in conflict therewith, approved March 22, 1947.
[Approved March 30, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 50-a of the above-entitled act, as added by chapter 146, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 50-a. Notwithstanding any other provision of this act hunting by nonresidents of this state for upland game birds or waterfowl or one or more species of such classes may be limited or forbidden in the circumstances and in the manner following, to wit:
a. Whenever any county game management board shall find an excessive number of birds of the above classes are likely to be taken under normal licensed hunting conditions in the current open season in their county, they may prevent the same in any respect as hereinafter enumerated.
(1) They may provide that no more than a certain number stated of normal hunting licenses may be issued to nonresidents.
(2) They may provide that all nonresident hunting licenses shall specify that upland game birds or waterfowls or species thereof specifically normal may not be hunted by authority of said license.
κ1953 Statutes of Nevada, Page 674 (CHAPTER 359, SB 215)κ
(3) They may apply the limitation set forth in (2) above only after a specified and stated number of licenses are sold to nonresidents.
(4) They may in conjunction with any of the foregoing plans require the payment of a special permit fee not exceeding ten ($10) dollars from nonresidents, without which the authority to hunt species of upland game and waterfowl would be restricted or denied.
b. After the county game management board adopts a plan under (a) foregoing it shall be effective only after it is approved by the state fish and game commission in writing. When so approved the plan shall be carried out by the county clerk or officer who issues hunting licenses in said county.
c. Nothing in this section shall be construed as a limitation upon the issuance of a hunting license to any nonresident of this state, or to the immediate members of such nonresidents family, who is a bona fide property owner of land within this state, for the right to hunt upon that land which he has title to; provided, that not less than 75 percent of all land belonging to the property owner in the State of Nevada and upon which he proposes to hunt is open to the public for hunting. Such nonresident may hunt deer, upland game birds, waterfowl and any other game birds or animals during the same periods and subject to the same limitations as may be allowed or imposed upon residents of Nevada in connection with such hunting; provided, that said persons have first complied with all the other requirements of the State of Nevada regulating hunting; and further provided, that such licenses to be issued to nonresident land owners shall be issued by either the state fish and game commission or its agents only upon proof of the applicants title to certain lands within this state. Such license or permit shall be issued only upon payment of the regular nonresident fee and shall be valid for use only on the land owned and described.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 675κ
Assembly Bill No. 386Committee on Fish and Game.
CHAPTER 360
AN ACT to amend an act entitled, An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating the state fish and game commission, county game management boards, and certain other offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the regulation and licensing of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom; providing penalties for violation thereof; and repealing certain acts and parts of acts in conflict therewith, approved March 22, 1947.
[Approved March 30, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10b of the above-entitled act as added by chapter 309, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 10b. The commission is authorized to determine methods of obtaining necessary data from hunters and fishermen relative to their activities and success. Such methods may include return of report forms attached to licenses and tags or questionnaires addressed to license holders. It shall be unlawful to fail to return any report form or questionnaires or to falsify any information requested. Failure to return such form or questionnaire or the submission of any false statement thereon may be cause to deny the person the right to acquire any license provided under this act for a period of two years; provided, however, that any statement made on such report forms or questionnaire shall not be the basis for prosecution for any indicated violations of other sections of this act.
Sec. 2. Section 57 of the above-entitled act as added by chapter 146, Statutes of Nevada 1949, is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 676κ
Assembly Bill No. 391Committee on Fish and Game.
CHAPTER 361
AN ACT to amend an act entitled, An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating the state fish and game commission, county game management boards, and certain other offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the regulation and licensing of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom; providing penalties for violation thereof; and repealing certain acts and parts of acts in conflict therewith, approved March 22, 1947.
[Approved March 30, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 13 of the above-entitled act, being chapter 146, Statutes of Nevada 1947, is hereby repealed.
Sec. 2. The above-entitled act, being chapter 146, Statutes of Nevada 1947, is hereby amended by adding thereto a new section designated section 13, which shall immediately follow section 12, and which shall read as follows:
Section 13. There is hereby created a county game management board in each of the several counties. Each county board shall consist of the commissioner from that county, who shall have no vote, and three members appointed by the board of county commissioners upon the recommendation of the organized sportsmen of the county. The members of the county board shall serve without salary or compensation and shall be citizens of Nevada and actual bona fide residents of the county from which appointed.
1. The county game management boards shall meet at least once every month on the day before the first monthly meeting of the board of county commissioners. In the event that this day should fall on a Sunday or holiday, the meeting shall be held on the day prior to such Sunday or holiday.
2. Immediately after the effective date of this act the board of county commissioners of each county shall appoint two members whose terms shall expire on July 1, 1954; they shall appoint a third member whose term shall expire on July 1, 1955. The term of office of each member after the expiration of the aforesaid terms shall be two years. In making all appointments to fill vacancies and for succeeding full terms the county commissioners shall give consideration to the recommendations of persons for appointment received from all recognized sportsmens organizations in the respective counties. The board of county commissioners upon appointment of members shall notify the commission of the members names and residence addresses.
κ1953 Statutes of Nevada, Page 677 (CHAPTER 361, AB 391)κ
county commissioners upon appointment of members shall notify the commission of the members names and residence addresses.
3. However, upon the filing of a petition containing the signatures of 10 percent or more of the qualified electors who voted for the office of district attorney in any county at the last general election within 30 days preceding the last day for filing of declaration of candidacies as in any general election, requesting that the members of the game management board be elected, the county clerk shall declare an election to fill the vacancies on the board resulting from the expiration of the regular terms of the members on such board, and shall accept nomination of candidacies for these positions and shall place the names of the candidates on the regular general election ballot, doing all things that are necessary and required in such matters under the general election laws. Such duly elected members of the board shall be chosen on a nonpartisan ballot and shall be elected to serve for a term of two years. If on or before July 1 of the year that the terms of the elected board members shall expire, no petition has been filed requesting an election of board members as heretofore provided, then the board of county commissioners shall make appointments in accordance with the provisions above.
Sec. 3. This act shall be effective upon passage and approval.
________
Assembly Bill No. 159Mr. Ryan.
CHAPTER 362
AN ACT to amend an act entitled, An act relating to unemployment compensation, creating unemployment compensation and administration funds and providing for the administration thereof; making an appropriation therefor; defining unemployment and providing compensation therefor; requiring contributions by employers to the unemployment compensation fund; creating the office of director, a board of review, and providing for other officers and employees and defining their powers and duties; providing for the levy of assessments; and other matters relating thereto, approved March 23, 1937, as amended.
[Approved March 31, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, being section 2825.03, 1929 N.C.L. 1941 Supp., as amended, is amended to read as follows:
Section 3. (a) Payment of Benefits. Twenty-four months after the date when contributions first accrue under this act, benefits shall become payable from the fund; provided, that wages earned for services performed in the employ of an employer, as defined in the railroad unemployment insurance act (52 Stat. 1094), shall not be included for purposes of determining eligibility under section 4 (d) or total amount of benefits under subsection (e) of this section, with respect to any benefit year commencing on or after July 1, 1939, nor shall any benefits with respect to unemployment occurring on and after July 1, 1939, be payable on basis of such wages under the subsections of this section.
κ1953 Statutes of Nevada, Page 678 (CHAPTER 362, AB 159)κ
1939, be payable on basis of such wages under the subsections of this section. All benefits shall be paid through employment offices in accordance with such regulations as the executive director may prescribe.
(b) Weekly Benefit Amount. An individuals weekly benefit amount shall be an amount equal to one twenty-fifth of his total wages for employment by employers during that quarter of his base period in which such total wages were highest, but not more than $30 per week, nor less than eight dollars per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.
(c) Augmented Weekly Benefit Amount. Each eligible individual who is unemployed in any week shall have his weekly benefit amount augmented with respect to such week by $3 if he has one dependent, and by $5 for each additional dependent provided that the eligible individuals weekly benefit amount shall not be augmented by more than $20 in any case nor shall the augmented weekly benefit amount exceed $50 or six per centum of an individuals total wages for employment by employers during that quarter of his base period in which such total wages were highest, whichever is the lesser. If the augmented weekly benefit amount is not a multiple of $1, it shall be computed to the next higher multiple of $1. The weekly benefit amount payable to an individual or his wife may not be augmented if both husband and wife living in the same household are being simultaneously paid benefits under the provisions of this, or any other state or federal unemployment compensation law.
(d) Weekly Benefit for Unemployment. Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount if he has no dependents, or in an amount equal to his augmented weekly benefit amount if he has dependents, less that part of the remuneration payable to him with respect to such week which is in excess of $3. Such benefit, if not a multiple of $1, shall be computed to the next higher multiple of $1.
(e) Duration of Benefits. Any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of (1) twenty-six times his weekly benefit amount, or (2) one-third of the wages earned by him for employment by employers during his base period, to which total amount of benefits shall be added any additional amounts which may be payable by reason of his having dependents; provided, that such total amount of benefits if not a multiple of $1 shall be computed to the next higher multiple of $1. For the purpose of this section, and of section 4 (d) hereof, wages shall be counted as wages for employment by employers for the benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employer from whom such wages were earned has satisfied the conditions of section 2.8 or section 8(c) with respect to becoming an employer.
(f) Protection of Fund. When, and if, the balance remaining in the unemployment compensation fund shall be reduced to not more than eight million five hundred thousand dollars, the executive director shall protect the solvency of said fund by reducing the maximum weekly benefit amount to twenty dollars and the total amount of benefits, to whichever is the lesser of (1) twenty times his weekly benefit amount, or (2) one-third of the wages earned by him for employment by employers during his base period, to which total amount of benefits shall be added any additional amounts which may be payable by reason of his having dependents.
κ1953 Statutes of Nevada, Page 679 (CHAPTER 362, AB 159)κ
protect the solvency of said fund by reducing the maximum weekly benefit amount to twenty dollars and the total amount of benefits, to whichever is the lesser of (1) twenty times his weekly benefit amount, or (2) one-third of the wages earned by him for employment by employers during his base period, to which total amount of benefits shall be added any additional amounts which may be payable by reason of his having dependents. Such reduced benefits shall remain in effect until such time as the balance in the fund shall thereafter: (1) increase to ten million dollars, at which time the provisions of section 3(b) and 3(e) of this act shall again be effective; or (2) decrease to three million five hundred thousand dollars, at which time the executive director shall further protect the solvency of said fund by reducing the maximum weekly benefit amount or the maximum augmented weekly benefit amount to fifteen dollars and by reducing the minimum weekly benefit amount or the minimum augmented weekly benefit amount to five dollars. Such reduced benefit shall be in effect until such time as the balance in said fund thereafter increases to five million dollars, at which time the other provisions of this paragraph shall apply.
Sec. 2. Section 7 of the above-entitled act, being section 2825.07, 1929 N.C.L. 1941 Supp., as amended by section 10 of chapter 223, 1951 Statutes of Nevada, is amended to read as follows:
Section 7. (a) Payment. (1) On and after January 1, 1937, contributions shall accrue and become payable by each employer for each calendar quarter in which he is subject to this act, with respect to wages payable for employment occurring during such calendar quarter; provided, that such contributions shall not accrue and become payable with respect to that part of the remuneration which, after remuneration equal to $3,600 becomes payable to an individual by an employer with respect to employment during and for any calendar year, becomes payable to such individual by such employer with respect to employment during the calendar year 1947, and during each calendar year thereafter; provided, however, if the federal unemployment tax act is amended to apply to a higher amount than the first $3,600 of wages, then such higher amount shall likewise apply, as a substitute for the amount herein specified, starting with the same period to which such federal amendment first applies. Such contributions shall become due and be paid by each employer to the executive director for the fund in accordance with such regulation as the executive director may prescribe, and shall not be deducted, in whole or in part, from the wages of individuals in such employers employ.
(2) In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.
(b) Rate of Contribution. Each employer shall pay contributions equal to the following percentages of wages payable by him with respect to employment:
(1) One and eight-tenths per centum with respect to employment during the calendar year 1937;
κ1953 Statutes of Nevada, Page 680 (CHAPTER 362, AB 159)κ
(2) With respect to employment after December 31, 1937, two and seven-tenths per centum, except as otherwise prescribed in subsection (c) of this section.
(c) Future Rates Bases on Benefit Experience. The executive director shall, for the period of six months commencing July 1, 1945, and for the calendar year commencing January 1, 1946, and for each calendar year thereafter, classify employers in accordance with their actual pay rolls, contribution, and benefit experience, and shall determine for each employer the rate of contribution which shall apply to him throughout the six months period commencing July 1, 1945, and for each calendar year thereafter, in order to reflect said experience and classification. In making such classification, the executive director shall take account of the degree of unemployment hazard shown by each employers experience, and of any other measureable factors which he finds bear a reasonable relation to the purposes of this subsection. Benefits paid to an individual since January 1, 1939, shall be charged against the accounts of his employers, as the executive director may by regulation prescribe; provided, that no augmentation of benefits paid by reason of the fact that a claimant has dependents shall be charged to any employers account. Such rates shall be computed on the pay roll, contribution, and benefit experience of the employer for not less than thirty-six consecutive calendar months immediately preceding the computation date, which date shall be not more than twenty-seven weeks prior to the effective date of the new rate. He may apply such form of classification or rating system which in his judgment is best calculated to rate individually and most equitably the employment risk of each employer and to encourage the stabilization of employment. The general basis of classification proposed to be used for any calendar year shall be subject to fair notice, opportunity for hearing and publication. The executive director shall determine the contribution rate applicable to each employer for any calendar year subject to the following limitations:
(1) Each employers contribution rate shall be 2 7/10 per centum, unless and until there shall have been thirty-six (36) consecutive calendar months immediately preceding the computation date of the new rate, throughout which his account as an employer could have been charged with benefit payments.
(2) Each employer eligible for a rate based upon experience and classified in accordance with this section shall be assigned a rate by the executive director for the calendar year commencing January 1, 1949, and for each calendar year thereafter, according to the following classes: class 1, 0.10 per centum; class 2, 0.5 per centum; class 3, 1.0 per centum; class 4, 1.5 per centum; class 5, 2.0 per centum; class 6, 2.7 per centum. No employers rate shall be varied below the 2.7 per centum rate unless, as of the preceding January 1, the total amount available for benefits in the Nevada unemployment compensation fund equals or exceeds 1.5 per centum of the total pay rolls subject to contributions under the Nevada unemployment compensation laws for the five consecutive calendar-year period ending on the above date. As used in this section the term annual pay roll means the total amount of wages payable by an employer for employment during a year, regardless of the time of payment.
κ1953 Statutes of Nevada, Page 681 (CHAPTER 362, AB 159)κ
used in this section the term annual pay roll means the total amount of wages payable by an employer for employment during a year, regardless of the time of payment.
________
Assembly Bill No. 93Elko County Delegation.
CHAPTER 363
AN ACT to amend an act entitled, An act to create a board of county commissioners in the several counties of this state and to define their duties and powers and qualifications, defining certain duties of county auditors as regards their accountability to the boards of county commissioners, and prescribing the duties of such county auditors as regards a monthly detailed report to certain school districts as to the condition of the funds of such districts, prescribing certain duties of the district attorneys, and other matters properly relating thereto, approved March 8, 1865, as amended.
[Approved March 31, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 8 of the above-entitled act, being section 1942, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 8. The board of county commissioners shall have power and jurisdiction in their respective counties:
First-To make orders respecting the property of the county in conformity with any law of this state, and to take care of and preserve such property.
Second-To examine, settle, and allow all accounts legally chargeable against the county, in the manner provided in this act; and to levy, for the purposes prescribed by law, such amount of taxes on the assessed value of real and personal property in the county as may be authorized by law; provided, the salary of the district judge need not be audited by the board, but the county auditor shall, on the first day of each quarter year, draw his warrant on the county treasurer in favor of the district judge for the amount due such judge as salary for the quarter year preceding.
Third-To examine and audit the accounts of all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated by law, or otherwise, for its use and benefit.
Fourth-To lay out, control, and manage public roads, turnpikes, ferries, and bridges within the county, in all cases where the law does not prohibit such jurisdiction, and to make such orders as may be necessary and requisite to carry its control and management into effect.
Fifth-To take care of and provide for the indigent sick of the county in such a manner only as is or may be provided by law.
Sixth-To divide the county into townships and to change the divisions of the same, and to create new townships as the convenience of the county may require.
κ1953 Statutes of Nevada, Page 682 (CHAPTER 363, AB 93)κ
Seventh-To establish, change, and abolish election precincts, and to appoint inspectors and judges of elections.
Eighth-To control and manage the property, real and personal, belonging to the county, and to receive, by donation, any property for the use and benefit of the county.
Ninth-Lease or purchase any real or personal property, necessary for the use of the county; provided, no purchase of real property shall be made unless the value of the same be previously appraised and fixed by three disinterested persons, to be appointed for that purpose by the district judge, who shall be sworn to make a true appraisement thereof, according to the best of their knowledge and ability.
Tenth-To sell at public auction, at the place designated, after at least thirty days previous public notice (in the same manner as required by law for the sale of like property on execution), and cause to be conveyed any real or personal property belonging to the county, appropriating the proceeds of such sale to the use of the same; provided, that in the event of the sale of personal property no bids are made at such sale, or in the event no bid is accepted by the said board of county commissioners, then, and in that event, the said board of county commissioners may sell the said personal property at private sale; provided further, that notice of said private sale must be given by publication in a newspaper in said county once a week for three weeks; said notice must state a place where bids or offers will be received, and a day on, or after which the sale will be made, which day must be at least fifteen days from the first publication of the notice, and the sale must not be made before that date, but must be made within one year from the date of the public auction sale hereinabove referred to; and must be for a sum at least 10 percent greater than the highest bid received at such auction sale. The bids, or offers, must be in writing, and may be left at the place designated in the notice at any time after the first publication of the notice and before the making of the sale. If, at the time appointed for the sale, the board of county commissioners deem it for the best interest of the county that the said sale be postponed, they may postpone it from time to time, not exceeding at any one time three months. In case of a postponement, notice thereof must be given by a public declaration at the time and place first appointed for the sale. The said board of county commissioners have the express power and right to refuse and reject any or all bids.
Eleventh-To cause to be erected and furnished a courthouse, jail, and such other public buildings as may be necessary, and to keep the same in repair; provided, that the contract for building the courthouse, jail, and other buildings, be let out, after at least thirty days previous public notice, as provided in subdivision ten of this section-each case of a readiness to receive proposals therefor-to the lowest bidder, who will give good and sufficient security for the completion of any contract which he may make respecting the same. But no bid shall be accepted which the board may deem too high.
Twelfth-To control the prosecution or defense of all suits to which the county is a party; and to offer and allow rewards for the apprehension or conviction of defaulting or absconding county or township officers.
κ1953 Statutes of Nevada, Page 683 (CHAPTER 363, AB 93)κ
hension or conviction of defaulting or absconding county or township officers.
Thirteenth-To do and perform all such other acts and things as may be lawful and strictly necessary to the full discharge of the powers and jurisdiction conferred on the board.
Fourteenth-To fix, impose and collect a license tax for revenue to regulate all character of lawful trades, callings, industries, occupations, professions, and business conducted in their respective counties, outside of the limits of incorporated cities and towns.
Sec. 2. The title of the above-entitled act is amended to read as follows: An act to create a board of county commissioners in the several counties of this state and to define their duties and powers and qualifications, authorizing the levy of license taxes for revenue purposes, defining certain duties of county auditors as regards their accountability to the boards of county commissioners, and prescribing the duties of such county auditors as regards a monthly detailed report to certain school districts as to the condition of the funds of such districts, prescribing certain duties of the district attorneys, and other matters properly relating thereto.
________
Senate Bill No. 117Committee on Aviation, Transportation and Highways.
CHAPTER 364
AN ACT to provide an excise tax on the use of combustible liquids and gases to propel motor vehicles on the highways of this state; to provide for the issuance of licenses and permits to users and sellers of such liquids and gases; to provide for the levy, assessment, collection, payment and disposition of such tax; to provide for the keeping of records by users and sellers of such liquids and gases; to provide for the administration and enforcement thereof by the Nevada tax commission; to prescribe penalties for violation of the provisions thereof; to provide that such tax shall be in lieu of certain taxes imposed by chapter 74, Statutes of Nevada 1935; and to define certain words, terms and phrases used herein.
[Approved March 31, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title. This act is known and may be cited as the special fuel tax act of 1953.
Sec. 2. Definitions. The following words, terms, and phrases when used in this act have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
1. Motor vehicle shall mean and include every self-propelled vehicle operated upon a highway.
2. Special fuel means and includes all combustible gases and liquids suitable for the generation of power for propulsion of motor vehicles, except that it does not include motor vehicle fuel as defined in chapter 74, Statutes of Nevada 1935, or any amendments thereto.
3. Highway means every way or place of whatever nature open to the use of the public, for purposes of traffic, including highways under construction.
κ1953 Statutes of Nevada, Page 684 (CHAPTER 364, SB 117)κ
to the use of the public, for purposes of traffic, including highways under construction.
4. Special fuel dealer means any person in the business of handling special fuel who delivers any part thereof into the fuel supply tank or tanks of a motor vehicle not then owned or controlled by him. For this purpose the term fuel supply tank or tanks does not include cargo tanks even through fuel is withdrawn directly therefrom for propulsion of the vehicle.
5. Special fuel user means any person who consumes in this state special fuel for the propulsion of motor vehicles owned or controlled by him upon the highways of this state.
6. Person means any individual, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular manner.
7. Use means either the receipt, delivery or placing of special fuels by a special fuel dealer into the fuel supply tank or tanks of any motor vehicle not owned or controlled by him while such vehicle is within this state, or the consumption by a special fuel user of special fuels in propulsion of a motor vehicle on the highways of this state.
8. Commission means the Nevada tax commission, as defined in the Statutes of Nevada relating to the creation thereof, and its duly authorized agents.
Sec. 3. Excise Tax on Fuels.
1. A tax is hereby imposed at the rate of 5 1/2 cents per gallon on the sale or use of special fuel, provided that the sale or use of special fuel for any purpose other than to operate or propel a motor vehicle upon the public highways of Nevada shall be exempt from the application of this tax.
2. The exemption as provided in this section shall apply only in those cases where the purchasers or the users of special fuel shall establish to the satisfaction of the commission that the special fuel purchased or used was used for purposes other than to operate or propel a motor vehicle upon the public highways of Nevada.
3. Sales made to the United States government or any instrumentality thereof shall be exempt from the tax imposed by this act. Sales made to the state, county, municipality, district or other political subdivision thereof, shall be exempt from the tax imposed by this act.
4. The tax herein provided shall be paid by the special fuel dealer in all cases where the special fuel is sold within the State of Nevada to a special fuel user who is not the holder of a special fuel users license. In all other cases the tax shall be paid by the user of such special fuel, and shall be computed by multiplying the tax rate per gallon provided in this act by the number of gallons of special fuel consumed by him in the propulsion of motor vehicles on the highways of this state.
Sec. 4. Surety Bond.
1. When the commission may deem it necessary, or when specifically provided by this act, an applicant for a special fuel dealers license or an applicant for a special fuel users license, or a holder of a special fuel dealers or special fuel users license, must provide a bond duly executed by an applicant or holder of a special fuel dealers license or of a special fuel users license as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon the faithful performance of all of the requirements of this act and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada.
κ1953 Statutes of Nevada, Page 685 (CHAPTER 364, SB 117)κ
fuel dealers or special fuel users license, must provide a bond duly executed by an applicant or holder of a special fuel dealers license or of a special fuel users license as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon the faithful performance of all of the requirements of this act and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada. The total amount of such bond shall be fixed by the tax commission at twice the estimated amount of the monthly tax, determined in such manner as the tax commission shall deem proper, and may be increased or reduced by the tax commission at any time subject to the limitations herein prescribed; provided, however, that the total amount of such bond shall not exceed $10,000.
2. No recovery on any bond, nor the execution of any new bond, nor the suspension or revocation of any special fuel dealers or special fuel users license, shall affect the validity of any bond. In lieu of any such bond or bonds any applicant for a special fuel dealers or special fuel users license, or holder of a special fuel dealers or special fuel users license, may deposit with the state treasurer under such terms as the tax commission may prescribe, a like amount of lawful money of the United States, or bonds of the United States or of the State of Nevada of an actual market value not less than the amount fixed as aforesaid by said tax commission.
Sec. 5. Special Fuel Users License.
1. It shall be unlawful for any special fuel user to use special fuel within this state unless such special fuel user is the holder of a special fuel users license issued to him by the commission.
2. Every user of special fuels, as defined in this act, must prior to the use of such fuel apply to the Nevada tax commission on a form prescribed by the commission, for a special fuel users license and a special fuel vehicle permit for each vehicle propelled by fuel subject to tax under this act.
3. Upon receipt of the application in proper form, the commission shall issue to the applicant a special fuel users license and special fuel vehicle permit; provided, however, the commission may refuse to issue a special fuel users license or special fuel vehicle permit to any person:
(a) Who formerly held a special fuel users permit which, prior to the time of filing application has been revoked for cause; or
(b) Who is a subterfuge for the real party in interest whose license or permit prior to the time of filing for application, has been revoked for cause; or
(c) Who neglects or refuses to furnish bond as required by the commission; or
(d) Upon other sufficient cause being shown.
4. Any applicant whose application has been denied may petition the commission for a hearing and the commission shall grant the applicant a hearing and shall grant him at least 10 days written notice of the time and place thereof.
5. Each special fuel users license shall be valid until suspended or revoked for cause or otherwise canceled.
κ1953 Statutes of Nevada, Page 686 (CHAPTER 364, SB 117)κ
or revoked for cause or otherwise canceled. Each special fuel vehicle permit shall be valid for the calendar year unless suspended or revoked for cause or otherwise canceled.
6. No special fuel users license, or special fuel vehicle permit shall be transferable.
7. Whenever any person ceases to be a special fuel user within the state by reason of discontinuance, sale or transfer of the business of such person, such special fuel user shall notify the commission in writing at the time the discontinuance, sale or transfer takes effect. Such notice shall give the date of discontinuance and, in the event of a sale, the date thereof and the name and address of the purchaser or transferee thereof. Such special fuel user shall make a report and pay all such taxes, interest and penalties and surrender to the commission the license certificate theretofore issued to such special fuel user by the commission. Such special fuel user shall remove the special fuel vehicle permit from the windshield of the vehicle if the vehicle passes from his control.
Sec. 6. Special Fuel Dealers License.
1. It shall be unlawful for any person to act as a special fuel dealer unless such person is the holder of a special fuel dealers license issued to him by the commission.
2. Every seller of special fuels, as defined in this act, must prior to engaging in business as a seller of special fuels for the propulsion of motor vehicles apply to the Nevada tax commission on a form prescribed by the commission, for a special fuel dealers license.
3. The commission shall require a bond duly executed by an applicant for a special fuel dealers license. The total amount of such bond shall be fixed by the tax commission at twice the estimated amount of the monthly tax, determined in such manner as the tax commission shall deem proper, and may be increased or reduced by the tax commission at any time subject to the limitations prescribed in section 4 of this act.
4. Upon receipt of the application and bond in proper form, the commission shall issue to the applicant a special fuel dealers license; provided, however, the commission may refuse to issue a special fuel dealers license to any person:
(a) Who formerly held a special fuel dealers license which, prior to the time of filing application has been revoked for cause; or
(b) Who is a subterfuge for the real party in interest whose license or permit prior to the time of filing for application, has been revoked for cause; or
(c) Upon other sufficient cause being shown.
5. Any applicant whose application has been denied may petition the commission for a hearing and the commission shall grant the applicant a hearing and shall grant him at least 10 days written notice of the time and place thereof.
6. Each special fuel dealers license shall be valid for the calendar year unless revoked for cause or otherwise canceled.
7. No special fuel dealers license shall be transferable.
8. Whenever any person ceases to be a special fuel dealer within the state by reason of discontinuance, sale or transfer of the business of such person, such special fuel dealer shall notify the commission in writing at the time the discontinuance, sale or transfer takes effect.
κ1953 Statutes of Nevada, Page 687 (CHAPTER 364, SB 117)κ
the state by reason of discontinuance, sale or transfer of the business of such person, such special fuel dealer shall notify the commission in writing at the time the discontinuance, sale or transfer takes effect. Such notice shall give the date of discontinuance and, in the event of a sale, the date thereof and the name and address of the purchaser or transferee thereof. Such special fuel dealer shall make a report and pay all such taxes, interest and penalties and surrender to the commission the license certificate theretofore issued to such special fuel dealer by the commission.
Sec. 7. Revocation or Cancellation of License.
1. The tax commission may revoke the license of any special fuel dealer or special fuel user for reasonable cause. Before revoking such license the commission shall send notice by registered mail to such person at his last known address ordering him to appear before the commission at a time not less than 10 days after the mailing of such notice and show cause why such license should not be revoked.
2. The commission shall cancel any license to act as a special fuel dealer or special fuel user immediately upon surrender thereof by the holder.
3. If surety shall have lodged with the commission a written request to be released and discharged of liability, the commission shall immediately notify the special fuel dealer or special fuel user who furnished the bond, and unless the special fuel dealer or special fuel user shall, on or before the expiration of the 30-day period, file a new bond, as required by the commission, or make a deposit in lieu thereof as provided in section 4, the commission forthwith shall cancel the special fuel dealers or special fuel users license.
Sec. 8. Excise Tax Due Monthly.
1. The excise tax imposed hereunder with respect to the use or sale of special fuel during any calendar month shall be due and payable on or before the 25th day of the immediately succeeding calendar month following the monthly period to which it relates.
2. If the due date falls on a Saturday, Sunday or legal holiday the next secular or business day shall be the final due date. Such payment shall be considered received on the date shown by the post office cancellation mark stamped upon an envelope containing such payment properly addressed to the state treasurer.
3. Remittance for payment of excise tax due hereunder shall be made payable to the state treasurer and shall be accompanied by a copy of the report upon which computation of tax is made. The tax commission shall allow each dealer an amount equal to 2 percent of the amount collected by such dealer as a fee for making such collection.
Sec. 9. Penalty for Failure to Pay Tax. Any person failing to pay any excise tax, except taxes assessed under the provisions of sections 16 and 17 hereof, within the time prescribed by this act shall pay in addition to such tax a penalty of 10 percent of the amount thereof, plus interest on the amount of such tax at the rate of 1 percent per month, or fraction thereof, from the date such tax became finally due and payable until the date of payment.
Sec. 10. Monthly Reports Required. Each special fuel dealer or special fuel user on or before the 25th day of each and every month shall file in duplicate, on forms prescribed by the commission, a monthly tax return.
κ1953 Statutes of Nevada, Page 688 (CHAPTER 364, SB 117)κ
special fuel user on or before the 25th day of each and every month shall file in duplicate, on forms prescribed by the commission, a monthly tax return. The return shall show such information as the commission may reasonably require for the proper administration and enforcement of this act. The original of such report and supporting schedules shall be filed with the Nevada tax commission. The duplicate of the report upon which computation of tax is made shall be filed with the state treasurer and shall be accompanied by a remittance, payable to the state treasurer, for the amount of excise tax due thereunder.
Sec. 11. Automatic Lien; Priority. The excise tax, including any penalty or interest hereby imposed, shall constitute a lien upon, and shall have the effect of an execution duly levied against, any motor vehicle in connection with which the taxable use is made, attaching at the time of said use. Such lien shall not be removed until such excise tax is paid or the motor vehicle subject to said lien is sold in payment of such excise tax, and shall be paramount to all private liens or encumbrances of whatever character upon such motor vehicle and to the rights of any conditional vendor or any other holder of the legal title in or to such motor vehicle.
Sec. 12. Transfers. In the event the ownership of a motor vehicle subject to the lien provided for by section 11 hereof is transferred, whether by operation of law or otherwise, no certificate of registration or certificate of ownership with respect to such motor vehicle shall be issued by the motor vehicle department of the office of the public service commission to the transferee, or person otherwise entitled thereto, until after the commission has issued a certificate that such lien has been removed. No license issued under chapter 165, Statutes of Nevada 1933, as amended, with respect to a motor vehicle which becomes subject to the lien provided for by section 11 hereof, shall be transferred until after the commission has issued a certificate that such lien has been removed.
Sec. 13. Garnishment. In the event that any user is delinquent in the payment of any obligation imposed hereunder, the commission may give notice of the amount of such delinquency by registered mail to all persons having in their possession or under their control any credits or other personal property belonging to such user, or owing any debts to such user at the time of the receipt by them of such notice, and thereafter any person so notified shall neither transfer nor make other disposition of such credits, personal property or debts until the commission shall have consented to a transfer or disposition or until 20 days shall have elapsed from and after the receipt of such notice. All persons so notified must, within five days after the receipt of such notice, advise the commission of any and all such credits, personal property or debts, in their possession, under their control or owing by them, as the case may be.
Sec. 14. Collection by Suit. Whenever any special fuel user or special fuel dealer shall be delinquent in the payment of any obligation imposed hereunder, the commission may transmit notice of such delinquency to the attorney general or the district attorney of the proper county who shall at once proceed to collect all sums due the state from such special fuel user or special fuel dealer by appropriate legal action.
κ1953 Statutes of Nevada, Page 689 (CHAPTER 364, SB 117)κ
state from such special fuel user or special fuel dealer by appropriate legal action. In any suit brought to enforce the rights of the state hereunder, a verified claim by the commission showing the delinquency shall be prima-facie evidence of the amount of such obligation; of such delinquency and of compliance by the commission with all provisions of this act relating to such obligation. In such action a writ of attachment may issue, and no bond or affidavit previous to the issuing of said attachment shall be required.
Sec. 15. Remedies Cumulative. The foregoing remedies of the state shall be cumulative and no action taken by the commission shall be construed to be an election on the part of the state or any of its officers to pursue any remedy hereunder to the exclusion of any other remedy for which provision is made in this act.
Sec. 16. Additional Assessment of Tax. If the commission is not satisfied with the report filed or amount of excise tax paid to the state by any user, it is hereby authorized and empowered to make an additional assessment of excise tax due from such user based upon any information available to it. Every such additional assessment shall bear interest at the rate of 1 percent per month, or fraction thereof, from the 25th day after the close of the month or months, as the case may be for which the additional assessment is imposed until paid. If any part of the deficiency for which the additional assessment is imposed is found to have been occasioned by negligence or intentional disregard of this act or rules and regulations adopted hereunder, a penalty of 10 percent of the amount of the additional assessment shall be added thereto. If any part of the deficiency for which the additional assessment is imposed is found to have been occasioned by fraud or an intent to evade this act or rules and regulations adopted hereunder, a penalty of 25 percent of the amount of the additional assessment shall be added thereto. The commission shall give to the user written notice of such additional assessment. Such notice may be served personally or by mail; if by mail, service shall be made in the manner prescribed by section 8920, 1929 N.C.L., and addressed to the user at his address as the same appears in the records of the commission.
Sec. 17. Arbitrary Assessment. If any special fuel dealer or special fuel user neglects or refuses to make a report as required by this act, the commission shall make an estimate, based upon any information available to it, for the month or months in respect to which such special fuel dealer or special fuel user failed to make a report of the amount of fuel sold or used by such special fuel dealer or special fuel user and, upon the basis of such estimate, compute and assess the excise tax due from such special fuel dealer or special fuel user hereunder, adding to the sum thus determined a penalty equal to 25 percent thereof. Every such assessment shall bear interest at the rate of 1 percent per month, or fraction thereof, from the 25th day after the close of the month or months, as the case may be, for which such assessment is imposed until paid. The commission shall give to such special fuel dealer or special fuel user written notice of such assessment, the notice to be served personally or by mail in the same manner as prescribed for service of notice by the provisions of section 16 hereof.
κ1953 Statutes of Nevada, Page 690 (CHAPTER 364, SB 117)κ
Sec. 18. Review. Any special fuel dealer or special fuel user against whom an assessment has been made under the provisions of sections 16 and 17 hereof may petition for a redetermination thereof within 15 days after service of notice. If a petition for redetermination is not filed within said 15-day period, the assessment shall become final at the expiration thereof. If a petition for redetermination is filed within said 15-day period, the commission shall reconsider the assessment, and if such special fuel dealer or special fuel user has so requested in his petition, shall grant such special fuel dealer or special fuel user an oral hearing and shall give such special fuel dealer or special fuel user 10 days notice of the time and place thereof. The commission shall have the power to continue the hearing from time to time as may be necessary. The order or decision of the commission upon a petition for redetermination shall become final 15 days after service of notice thereof. Every remittance in payment of an assessment or reassessment shall be payable to the state treasurer. If any assessment or reassessment is not paid on or before the date it becomes final, there shall be added thereto, in addition to any other penalty herein provided, a penalty of 10 percent of the amount of the tax. An assessment made by the commission pursuant to sections 16 and 17 of this act shall be presumed to be correct, and in any case where the validity of the assessment is drawn in question, the burden shall be on the person who challenges the assessment to establish by a fair preponderance of the evidence that it is erroneous or excessive as the case may be.
Sec. 19. Limitation. Except in the case of a fraudulent report, or neglect or refusal to make a report, every notice of additional excise tax proposed to be assessed hereunder shall be served within 2 years after the claimed erroneous report was filed.
Sec. 20. Refunds and Credits.
1. If the commission illegally or through error collects or receives any excise tax or penalty or interest imposed hereunder the same shall be refunded to the person paying the same upon written application therefor made stating the specific grounds on which it is found within 2 years after date of such payment, whether such sums were paid voluntarily or under protest. Refunds shall not be made to successors or assigns in business of the person making the payment but shall be made to an estate or heir of such person if written application is made within the time limit accompanied by proper authority from a probate court.
2. Any amount determined to be refundable by the commission shall first be credited on any amounts then due and payable from the special fuel dealer or special fuel user to whom the refund is due, and the commission shall then certify to the state board of examiners the balance thereof. All amounts refunded under the provisions of this act shall be paid from the Nevada state highway fund on claims presented by the commission, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
κ1953 Statutes of Nevada, Page 691 (CHAPTER 364, SB 117)κ
3. Users who operate interstate and where they can prove to the satisfaction of the commission that their purchases in Nevada exceed their use over the highways of this state for a certain month may apply for a refund or apply credit in lieu of refund to succeeding reports.
Sec. 21. Process Prohibited; Payment Under Protest.
1. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against this state, or against any officer thereof, to prevent or enjoin the collection under this act of any excise tax or other amount herein required to be collected; but after payment of any such excise tax or any such other amount under protest, duly verified and setting forth the grounds of objection to the legality thereof, filed with the tax commission at the time of payment of the tax protested, the special fuel dealer or special fuel user making the payment may bring an action against the state treasurer in the district court of the county of Ormsby for the recovery of the amount so paid under protest. No such action may be instituted more than 90 days after such payment under protest has been made and failure to bring suit within said 90 days shall constitute waiver of any and all demands against the state on account of alleged overpayments hereunder. No grounds of illegality shall be considered by the court other than those set forth in the protest filed at the time of such payment.
2. If in any such action judgment is rendered for the plaintiff, the amount of the judgment shall first be credited on any excise tax or other amount due from the plaintiff under this act, and the balance of the judgment shall be refunded to the plaintiff. In any such judgment, interest shall be allowed at the rate of 6 percent per annum upon the amount found to have been illegally collected from the date of payment of such amount to the date of allowance of credit on account of such judgment or to a date preceding the date of the refund warrant by not more than 30 days, such date to be determined by the commission.
3. In no case shall any judgment be rendered in favor of the plaintiff in any action brought against the state treasurer to recover any amount paid hereunder, when such action is brought by or in the name of an assignee of the user paying such amount.
Sec. 22. Records. Every special fuel dealer, special fuel user and every person importing, manufacturing, refining, dealing in, transporting or storing, special fuel in this state shall keep such records, receipts and invoices and other pertinent papers with respect thereto as the commission may require. The records, receipts, invoices and other pertinent papers shall be available at all times during the business hours of the day, to the commission or its duly authorized agents. Said records, receipts, invoices and other pertinent papers shall be preserved intact for a period of three years.
Sec. 23. Commission Empowered to Examine Books, Records, Etc. The commission or its duly authorized agents is hereby empowered to examine the books, papers, records, and equipment of any special fuel dealer, special fuel user or person dealing in, transporting, or storing fuel as defined in this act and to investigate the character of the disposition which any person makes of such fuel in order to ascertain and determine whether all excise taxes due hereunder are being properly reported and paid.
κ1953 Statutes of Nevada, Page 692 (CHAPTER 364, SB 117)κ
dealer, special fuel user or person dealing in, transporting, or storing fuel as defined in this act and to investigate the character of the disposition which any person makes of such fuel in order to ascertain and determine whether all excise taxes due hereunder are being properly reported and paid. The fact that such books, papers, records and equipment are not maintained in this state at the time of demand shall not cause the commission to lose any right to such examination under this act when and where such records become available.
Sec. 24. Administration. The commission is hereby charged with the enforcement of the provisions of this act and is hereby authorized and empowered to prescribe, adopt and enforce rules and regulations relating to the administration and enforcement hereof. The commission may employ such accountants, auditors, investigators, assistants and clerks as it may deem necessary for the efficient administration of this act and may fix their compensation and provide for their necessary expenses. Funds for the administration of the provisions of this act shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law.
Sec. 25. Records Open to Public. All records of mileage operated, origin and destination points within this state, equipment operated in this state, gallons consumed, and tax paid shall at all reasonable times be open to the public. All supporting schedules, invoices and other pertinent papers relative to the business affairs and operations of any special fuel dealer or special fuel user, and any information obtained by an investigation of the records and equipment of any special fuel dealer or special fuel user shall be deemed confidential and shall not be revealed in whole or in part to any one except in the necessary administration of this act or as otherwise provided by law.
Sec. 26. Reciprocal Exchange of Data. The commission may, upon request from officials to whom are entrusted the enforcement of the special fuel tax law of any other state, the District of Columbia, the United States, its territories and possessions, forward to such officials any information which it may have relative to the receipt, storage, delivery, sale, use, or other disposition of special fuel by any special fuel dealer or special fuel user, provided such other state or states furnish like information to this state.
Sec. 27. Records Secret. It shall be unlawful for the commission or any person having an administrative duty under this act, to divulge or to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records of any person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof set forth or disclosed in any report, or to permit any report or copy thereof to be seen or examined by any person except as provided by sections 25 and 26 of this act. Any violation of the provisions of this section shall be a misdemeanor and be punished by a fine not exceeding $1,000 or by imprisonment not exceeding one year, or both.
κ1953 Statutes of Nevada, Page 693 (CHAPTER 364, SB 117)κ
Sec. 28. Failure to Comply With Act.
1. Any person violating any of the provisions of this act, a penalty for which is not otherwise provided, or who shall:
(a) Fail or refuse to pay the tax imposed by this chapter;
(b) Engage in business in this state as a special fuel user or special fuel dealer without being the holder of an uncancelled license to engage in such business;
(c) Operate a motor vehicle, which requires special fuel, upon the highways of this state without a valid special fuel vehicle permit;
(d) Fail to make any of the reports required by this act;
(e) Make any false statement in any application, report or statement required by this act;
(f) Refuse to permit the commission or any duly authorized agent to examine records as provided by this act;
(g) Fail to keep proper records of quantities of special fuel received, produced, refined, manufactured, compounded, used or delivered in this state as required by this act; or
(h) Make any false statement in connection with an application for the refund of any moneys or taxes provided in this act, shall be guilty of misdemeanor.
2. Any person required to make, render, sign or verify any report as aforesaid, who makes any false or fraudulent report, with intent to defeat or evade the assessment required by law to be made, shall be guilty of a gross misdemeanor, and shall for each such offense be fined not more than $1,000 or be imprisoned not exceeding one year in the county jail, or be subject to both fine and imprisonment.
Sec. 29. Fund; Receipts and Disbursements. All money received by the state treasurer pursuant to the provisions of this act shall be placed to the credit of the Nevada state highway fund. All cost of administration of this act shall be paid from the legislative appropriation made from the Nevada state highway fund on claims presented by the commission, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
Sec. 30. Negativing Double Tax. The tax herein imposed shall be in lieu of the tax imposed by chapter 149, Statutes of Nevada 1939, or any amendments thereto, and by chapter 74, Statutes of Nevada 1935, or any amendments thereto, in connection with fuel as herein defined; provided, however, nothing contained herein shall in any way affect any obligation which accrued under said chapter 149, Statutes of Nevada 1939, or any amendments thereto, or any obligation which accrued under said chapter 74, Statutes of Nevada 1935, or any amendments thereto, prior to the effective date hereof; provided further, that in the event this act is repealed, and only from the date of such repeal, the tax imposed by chapter 149, Statutes of Nevada 1939, or any amendments thereto in connection with fuel shall be in full force and effect.
Sec. 31. Separability Clause. If any section, subsection, paragraph, sentence, phrase or clause of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this act.
κ1953 Statutes of Nevada, Page 694 (CHAPTER 364, SB 117)κ
shall not affect, impair or invalidate the remainder of this act. The legislature hereby declares that it would have passed the remainder of this act irrespective of the fact that any such section, subsection, paragraph, sentence, phrase or clause of this act be adjudged invalid.
________
Senate Bill No. 195Committee on State Institutions.
CHAPTER 365
AN ACT to amend an act entitled, An act concerning the mentally ill of the state, providing for the administration and organization of the Nevada state hospital, providing for the admission and care of mentally ill persons, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 24, 1951.
[Approved March 31, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 7 of the above-entitled act, being section 7 of chapter 331, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 7. The superintendent of the hospital shall be appointed by and responsible to the hospital advisory board. The superintendent shall be appointed on the basis of merit under the provisions of the state merit and personnel system if and when such system is established, and shall be in the classified service. If such system is not established, he shall serve at the pleasure of the board. He shall reside on the hospital grounds in quarters to be furnished by the hospital. Except as otherwise provided by law, his only compensation shall be an annual salary which shall be fixed in accordance with the pay plan adopted by the state merit and personnel system; provided, however, that until such system is established, such annual salary shall be eleven thousand dollars ($11,000). He shall receive the per diem expense allowance and travel expenses as fixed by law, and shall be allowed the use of the laundry facilities at the hospital. In each year, the superintendent or staff physicians may attend not more than three out-of-state professional meetings or seminars, and the expense of such attendance and travel shall be charged and paid out of funds appropriated for the support of the hospital.
Sec. 2. Section 9 of the above-entitled act, being section 9 of chapter 331, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 9. The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation. He shall be the executive and administrative head of the hospital, and as such shall have the following power and duties:
(1) To exercise general supervision of, and make and revise rules and regulations for the government of the hospital.
(2) To be responsible for and to supervise the fiscal affairs and responsibilities of the hospital
κ1953 Statutes of Nevada, Page 695 (CHAPTER 365, SB 195)κ
(3) To make reports to the hospital advisory board, and to supply the legislature with material on which to base legislation.
(4) To keep the complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
(5) To inform the public in regard to the activities and operation of the hospital, and to give other information which will acquaint the public with mental hygiene problems.
(6) To invoke any legal, equitable, or special procedures for the enforcement of his orders or the enforcement of the provisions of this act.
(7) To cause to be kept a fair and full account of all medical affairs.
(8) To perform neurological and psychiatric examinations at the Nevada state prison, the Nevada state childrens home, and the Nevada school of industry when requested by the superintendents of those institutions.
(9) To have standard medical histories currently maintained on all patients, and to administer the accepted and appropriate treatments to all patients under his care.
(10) To undertake any diagnostic, medical, or surgical procedure in the interest of the patient, and to give the required consent to a surgical operation upon any incompetent on behalf of the patient, where there is no known kindred or other person with legal authority to give such consent; provided, however, the decision to perform such surgical operation shall be arrived at only after consultation and approval of at least two other physicians and surgeons licensed to practice in this state.
(11) To submit a biennial report to the governor and the legislature of the condition, operation, and functioning of the hospital, and anticipated needs of the hospital.
(12) The superintendent shall cause to be surveyed all land known or presumed to belong to the State of Nevada for the use of the hospital, and shall take all steps necessary to establish clear title thereto on behalf of the state.
Sec. 3. Section 15 of the above-entitled act, being section 15 of chapter 331, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 15. The state hospital revolving fund in the sum of $1,000 is hereby created, and may be used for the payment of hospital bills requiring immediate payment, and for no other purposes. The superintendent is hereby directed to deposit said revolving fund in one or more banks of reputable standing. Payments made from the state hospital revolving fund shall be promptly reimbursed from appropriated funds of the hospital on claims as other claims against the state are paid.
Sec. 4. The above-entitled act, being chapter 331, Statutes of Nevada 1951, is hereby amended by adding thereto a new section, to be designated as section 21.5, which shall immediately follow section 21 and which shall read as follows:
κ1953 Statutes of Nevada, Page 696 (CHAPTER 365, SB 195)κ
Section 21.5. Temporary commitment to the Nevada state hospital may be made under the following circumstances:
(1) At such times as the district judge for a particular county may not be available, the emergency hospitalization of a person who suddenly becomes acutely ill mentally may be authorized by two physicians within the county, who shall certify the need for immediate admission, and the county clerk, who shall order the patient committed as an emergency patient for a period of not more than 10 days.
(2) When a person charged with a felony other than homicide is believed to be mentally ill, the district court having jurisdiction may order his temporary commitment for examination and report, which commitment shall continue until the further order of the court.
Sec. 5. Section 28 of the above-entitled act, being section 28 of chapter 331, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 28. If after a hearing and examination, the judge believes the person charged is an inebriate or dipsomaniac, or that such person is a drug addict, and has been a resident of Nevada for more than one year, he shall make an order committing such person to the Nevada state hospital for an indeterminate period of not less than six months nor more than one year; but no such order shall be made in respect to any person who has theretofore been committed to and has received treatment at said hospital unless there has been first filed with the court a written report of the superintendent of the hospital stating that the person is a suitable case for treatment at said hospital, and if such report is not filed the person so charged shall forthwith be discharged by the court. The judge shall interview such person prior to commitment, unless the interview is waived for cause upon a physicians certificate. A full transcript of the proceedings in the district court shall be filed with the superintendent within thirty days after the commitment.
Sec. 6. Section 32 of the above-entitled act, being section 32 of chapter 331, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 32. If the person so committed is unable to provide for such payment, and has no property applicable for such purpose, and no kindred in the degree heretofore provided, said person shall be conveyed to and cared for at the hospital at the expense of the state. If the person committed is an inebriate or alcoholic, the reasonable cost of transportation and care shall be a charge upon the future earnings of the person until repaid in full.
Sec. 7. The above-entitled act, being chapter 331, Statutes of Nevada 1951, is hereby amended by adding thereto a new section, to be designated as section 32.5, which shall immediately follow section 32 and which shall read as follows:
Section 32.5. The expense of diagnostic, medical and surgical services, furnished by persons not on the hospital staff and hospitalization incidental and necessary thereto, shall be a charge upon the county from which the commitment was made, if the indigent prior to commitment had been a resident of that county for more than one year.
κ1953 Statutes of Nevada, Page 697 (CHAPTER 365, SB 195)κ
commitment had been a resident of that county for more than one year.
Sec. 8. Section 38 of the above-entitled act, being section 38 of chapter 331, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 38. The superintendent of the hospital is hereby authorized to receive and care for mentally deficient, noneducable children of the State of Nevada at state expense, when properly committed to said hospital. A minor child may be received, cared for, and examined without commitment, if such examination is ordered by a juvenile court having jurisdiction of the minor in accordance with the provisions of paragraph (c) of section 19, chapter 63, Statutes of Nevada 1949, in which event the superintendent shall report the result of the examination to the juvenile court and shall detain the child until the further order of the court, but not to exceed 15 days after the superintendents report; provided, that when the child is found to be without specific mental disorder or is considered educable, the child shall not be detained at the Nevada state hospital, but shall be released to such authority as the juvenile court may order.
Sec. 9. Section 39 of the above-entitled act, being section 39 of chapter 331, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 39. The superintendent of the hospital may discharge any patient at any time who in his opinion has recovered from his mental illness, or is a dotard and not mentally ill, or who is a person who in the judgment of the superintendent will not be detrimental to the public welfare or injurious to himself. No committed indigent patient shall be discharged except upon ten days written notice being first given to the county clerk of the county from which such patient was committed; provided, however, that nothing herein contained shall authorize the release of any person held upon an order of a court or judge having criminal jurisdiction arising out of a criminal offense. An indigent person discharged as having recovered from his mental illness, but having a residual medical or surgical disability which prevents him from obtaining or holding remunerative employment, shall be returned to the county from which he was committed; provided, that the superintendent shall first give notice in writing, not less than 10 days prior to discharge, to the county commissioners of the county. Delivery of the discharged person shall be made to an individual or agency designated by the county commissioners or county welfare department.
Sec. 10. Section 42 of the above-entitled act, being section 42 of chapter 331, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 42. For the purpose of repatriation, all nonresident patients who are confined in, admitted, or committed to the hospital may be returned to the state in which they have legal residence. For the purpose of facilitating the return of such patients, the superintendent may enter into reciprocal agreements, consistent with the provisions of this act, with the proper boards, commissioners, or officers of other states for the mutual exchange of such patients confined in, admitted, or committed to a state hospital in one state whose legal residence is in the other, and may give written permission for the return and admission to the Nevada state hospital of any resident of this state when such permission is conformable to the provisions of this act governing admissions to said hospital.
κ1953 Statutes of Nevada, Page 698 (CHAPTER 365, SB 195)κ
this act, with the proper boards, commissioners, or officers of other states for the mutual exchange of such patients confined in, admitted, or committed to a state hospital in one state whose legal residence is in the other, and may give written permission for the return and admission to the Nevada state hospital of any resident of this state when such permission is conformable to the provisions of this act governing admissions to said hospital. The county clerk and commissioners of each county, upon receiving notice from the superintendent that an application for the return of an alleged resident of this state has been received, shall promptly investigate and report to the superintendent their findings as to the legal residence of the patient.
Sec. 11. For the purpose of increasing the amount of the state hospital revolving fund from $750 to $1,000 as provided in section 3 of this act, there is hereby appropriated from the general fund the sum of $250.
Sec. 12. This act shall become effective on passage and approval.
________
Senate Bill No. 101Committee on Public Morals.
CHAPTER 366
AN ACT to amend an act entitled, An act to regulate the racing of horses in the State of Nevada, and to establish a state racing commission, and to define its powers, compensations and duties, and prescribing a penalty for the violation thereof, and repealing all acts in conflict therewith, approved March 23, 1951.
[Approved March 31, 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 5 of chapter 321, 1951 Statutes of Nevada, is amended to read as follows:
Section 5. The commission is authorized to employ at reasonable compensation, a reasonable number of inspectors, guards, experts, scientists, auditors, veterinarians, and other employees or agents deemed by the commission to be essential at or in connection with any race meeting to the best interests of racing, and is further authorized to maintain a testing laboratory and to purchase supplies and equipment for and in connection with such laboratory or other test or testing processes.
All officials at any race meeting, as this term is customarily understood in racing, including by way of enumeration only and not in limitation, placing judges, patrol judges, clerks of the scales, starters and assistants, handicapper, timer, paddock judge, veterinarian attached to the paddock, racing secretary and clerk of the course shall be employed and paid by the licensee conducting the race meeting, but approved by the commission; provided, however, there shall be at least three stewards to supervise each race or meeting, conducted under the provisions of this act. One of such stewards shall be the official steward of the commission, and the remaining stewards shall be appointed by the licensee, subject to the approval of the commission.
κ1953 Statutes of Nevada, Page 699 (CHAPTER 366, SB 101)κ
appointed by the licensee, subject to the approval of the commission. Said stewards shall exercise such powers and perform such duties at each race meeting as may be prescribed by the rules and regulations of the commission.
Sec. 2. Section 9 of the above-entitled act, being section 9 of chapter 321, 1951 Statutes of Nevada, is amended to read as follows:
Section 9. Except in the case of the trotting and pacing meetings, as hereinafter provided for, and except the corporations and associations named in section 15, each applicant desiring to hold races on the days or day awarded by the commission shall, before the issuance of any license therefor, pay to the said commission a license fee of not less than fifty dollars ($50), nor more than two hundred dollars ($200) for each day of any meeting for the conduct of races so licensed, said license fee to be fixed by the commission at the time of making application.
Sec. 3. Section 10 of the above-entitled act, being section 10 of chapter 321, 1951 Statutes of Nevada, is amended to read as follows:
Section 10. The said commission may in its discretion meet at any time and award dates for racing within the limits hereinbefore provided on application submitted to it, provided that the days so awarded in no way conflict with the provisions of this act and provided, further, that no license for a race meeting shall issue prior to the payment of the fees therefor at the rate hereinabove provided.
Sec. 4. Section 12 of the above-entitled act, being section 12 of chapter 321, 1951 Statutes of Nevada, is amended to read as follows:
Section 12. The commission shall have power to make and adopt rules and regulations, and thereafter to modify the same, providing for the licensing, supervising, disciplining, suspending, fining and barring from racing, on any track under the jurisdiction of the commission, of horses, owners, breeders, authorized agents, subagents, nominators, trainers, jockeys, jockey apprentices, jockey agents, and any other person, persons, organizations, associations or corporations, the activities of whom affect the conduct and/or operation of licensed race meetings. At a licensed race meeting or race, no person shall enter a horse or participate as an owner, agent, nominator, trainer, jockey, jockey apprentice, or jockey agent, without first procuring from the commission a license so to do, and paying such fees as the commission shall determine to be reasonable therefor. The commission is authorized to issue such licenses, and may revoke the same at any time for cause.
Sec. 5. Section 13 of the above-entitled act, being section 13 of chapter 321, 1951 Statutes of Nevada, is amended to read as follows:
Section 13. The commission shall have power to compel the production of any and all books, memoranda, documents, papers, and records showing the receipts and disbursements of any person, corporation or association, licensed under the provision of this act to conduct race meetings. The commission may at any time require the removal of any employee or official employed by any licensee hereunder. The commission shall also have the power to require that the book and financial or other statements of any person, corporation or association licensed under the provision of this act shall be kept in any manner which to the commission may seem best, and that the commission shall also be authorized to visit, to investigate and to place expert accountants and such other persons as it may deem necessary, in the offices, tracks or places of business of any such person, corporation or association, for the purpose of satisfying itself that the commissions rules and regulations are strictly complied with.
κ1953 Statutes of Nevada, Page 700 (CHAPTER 366, SB 101)κ
under the provision of this act shall be kept in any manner which to the commission may seem best, and that the commission shall also be authorized to visit, to investigate and to place expert accountants and such other persons as it may deem necessary, in the offices, tracks or places of business of any such person, corporation or association, for the purpose of satisfying itself that the commissions rules and regulations are strictly complied with. The said commission shall have power to summon witnesses before it and to administer oath or affirmations to such witnesses whenever, in the judgment of said commission, it may be necessary for the effectual discharge of their duties; and any person failing to appear before said commission at the time and place specified in answer to said summons, or refusing to testify, shall be deemed guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction, shall be punished by a fine of not more than $1,000 or by sentence to jail for not more than six months, or by both such fine and imprisonment, in the judgment of the court. Any false swearing on the part of any witness having appeared before such commission shall be deemed perjury and shall be punished as such.
Sec. 6. Section 14 of the above-entitled act, being section 14 of chapter 321, 1951 Statutes of Nevada, is amended to read as follows:
Section 14. Every person or persons, association or corporation licensed to hold racing meets within the State of Nevada as hereinbefore provided, shall within 30 days after the conclusion of any license period, or extension thereof, return to the commission a full statement, under oath, of their receipts from all sources whatsoever during the calendar year, and of all expenses and disbursements, all itemized in manner and form as shall be directed by the commission and with such allowances as may be approved by the commission, showing the net revenue from all sources derived by such person, persons, association or corporation engaged in or conducting horse racing.
Sec. 7. Section 21 of the above-entitled act, being section 21 of chapter 321, 1951 Statutes of Nevada, is amended to read as follows:
Section 21. Any licensee holding a license for racing as hereinabove provided may hold as many charity races in any one meet as said licensee shall deem fit; provided, however, that no licensee shall hold more than five charity day races in any one racing meet. A charity race under this provision is defined to be a racing day where all the proceeds and revenue from all sources are contributed to a charitable organization or society as said terms are generally understood. Any such charity days, not exceeding 5 in any one race meeting, shall be deemed in addition to the maximum number of days provided in section 8 of this act.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 701κ
Senate Bill No. 100Committee on Public Morals.
CHAPTER 367
AN ACT to amend an act entitled, An act to license and regulate the operation of pari-mutuel betting, on licensed racing and competitive sports events, in certain enclosures only, in Nevada; limiting deductions from pari-mutuel betting pools; requiring certain sums so deducted to be paid into the state treasury; designating the state tax commission to administer this act; prohibiting certain other forms of betting; providing penalties; and other matters properly relating thereto, approved March 29, 1949, as amended.
[Approved March 31, 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 the title of chapter 231, 1949 Statutes of Nevada, is amended to read as follows: An act to license and regulate the operation of pari-mutuel betting, on licensed racing and competitive sports events, in certain enclosures only, in Nevada; limiting deductions from pari-mutuel betting pools; requiring certain sums so deducted to be paid into certain specified funds in the state treasury, and establishing a certain fund therein; designating the state tax commission to administer this act, and authorizing the expenditure of certain funds by the Nevada racing commission; prohibiting certain other forms of betting; providing penalties; and other matters properly relating thereto.
Sec. 2. Section 7 of the above-entitled act, being section 7 of chapter 231, 1949 Statutes of Nevada, as amended by section 2 of chapter 322, 1951 Statutes of Nevada, is amended to read as follows:
Section 7. The commission deducted by any licensee from pari-mutuels shall not exceed thirteen (13%) percent of the gross amount of money handled in each pari-mutuel pool operated by him during the period of the license. Said licensee shall pay unto the Nevada tax commission for the use of the State of Nevada a tax at the rate of two (2%) percent on the total amount of money wagered on any racing or sporting event. The amount so paid to the Nevada tax commission shall be, after deducting costs of administration which shall not exceed 5% of the amount collected, by said Nevada tax commission, paid over to the state treasury for deposit as follows: seven-eighths thereof in the general fund, one-eighth in the Nevada racing commission fund, which fund is hereby created. The Nevada racing commission is authorized to use said fund to pay the necessary and proper expenses of such racing commission, and claims against said fund shall be audited and paid as are other claims against the state. The licensee may deduct odd cents less than 10’ per dollar in paying bets.
It is hereby made the duty of the Nevada tax commission and they are hereby granted the power to demand access to and inspect all books and records of any person licensed hereunder, pertaining to and affecting the subject of the license.
The amount deducted by the licensee for payment to the Nevada tax commission shall be in addition to the license fee required by this act.
________
κ1953 Statutes of Nevada, Page 702κ
Senate Bill No. 221Senators Whitacre and Lemaire.
CHAPTER 368
AN ACT to amend an act entitled, An act regarding the nomination of candidates for public office in the State of Nevada, approved March 23, 1917.
[Approved March 31, 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 2408, N.C.L. 1929, as last amended by chapter 29, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 5. The name of no candidate shall be printed on an official ballot to be used at a primary election unless he shall qualify by filing a declaration of candidacy, or by an acceptance of a nomination and by paying a fee as provided in this act.
(a) Every candidate for nomination for any elective office not less than fifty days prior to the primary shall file a declaration or acceptance of candidacy in substantially the following form:
Nomination paper of .................... for the office of ....................
|
State of Nevada,
County of................................. |
} |
ss. |
For the purpose of having my name placed on the official primary ballot as a candidate for nomination by the .................... party as its candidate for the office of ...................., I, the undersigned ...................., do solemnly swear (or affirm) that I reside at No....., .................... street, in the city (or town of ...................., county of ...................., State of Nevada, and that I am a qualified elector of the election precinct in which I reside; that I have been domiciled in the State of Nevada for five years next preceding the date of this affidavit; that I am a member of the .................... party; that I have not reregistered and changed the designation of my political party affiliation on an official registration card since the last general election; that I believe in and intend to support the principles and policies of such political party in the coming election; that I affiliated with such party at the last general election of this state; that if nominated as a candidate of said .................... party at said ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for said office if elected thereto.
.......................................................... (Signature of candidate for office.)
Subscribed and sworn to before me this ....... day of ...................., 19 ........
............................................................................... notary public (or other
officer authorized to administer an oath).
Provided, that no candidate for a judicial office or a school office shall certify as to his party affiliations, and the names of such candidate shall be printed on the ballots of all parties under the heading of nonpartisan candidates for the respective offices.
κ1953 Statutes of Nevada, Page 703 (CHAPTER 368, SB 221)κ
shall certify as to his party affiliations, and the names of such candidate shall be printed on the ballots of all parties under the heading of nonpartisan candidates for the respective offices.
(b) Ten or more qualified electors may, not more than eighty nor less than fifty-five days prior to the September primary, file a designation of nomination designating any qualified elector as a candidate for the nomination for any elective office. When such designation shall have been filed, it shall be the duty of the officer in whose office it is filed to notify the elector named in such designation thereof. If the elector named in the designation shall, not less than fifty days prior to the primary, file an acceptance of such nomination and pay the required fee, he shall be a candidate before the primary in like manner as if he had filed a declaration of candidacy. If any such designation of nomination shall relate to a judicial or school office it may be signed by electors of any or all parties, but if it shall relate to any other office, the signers shall all be of the same political party as the candidate so designated. The acceptance shall be in a form similar to that used by a candidate who files a declaration of candidacy.
(c) If the last day limited for filing any paper mentioned in this section shall fall on a Saturday, then the period so limited shall expire on the preceding Friday at 5 oclock p. m., notwithstanding anything in this section to the contrary.
Sec. 2. This act shall become effective upon its passage and approval.
________
Assembly Bill No. 22Messrs. Higgins and Coulthard.
CHAPTER 369
AN ACT to provide aid to blind persons; defining certain words and terms; providing certain conditions for elegibility for aid; providing that the Nevada state welfare department shall administer the provisions of this act; defining the powers and duties of the Nevada state welfare department; providing penalties for the violation of this act; and other matters relating thereto.
[Approved March 31, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
General Provisions
Section 1. The purpose of the provisions of this act is to relieve blind persons from the distress of poverty and to encourage and assist blind individuals in their efforts to render themselves more self-supporting.
Sec. 2. Aid to the blind means money payments to blind individuals.
Sec. 3. The provisions of this act shall be liberally construed to effect its objects and purposes.
Sec. 4. No blind person shall be deemed or designated a pauper, an indigent or a public charge because he receives aid under this act, and no reference to pauperism, indigency or public charge shall be made on any application or other document relating to aid to the blind or on any warrant drawn by the state in payment of aid to the blind.
κ1953 Statutes of Nevada, Page 704 (CHAPTER 369, AB 22)κ
any application or other document relating to aid to the blind or on any warrant drawn by the state in payment of aid to the blind. This act shall be construed separate and apart from any provisions of law for the aid and relief of indigents. It is recognized that the needs of blind persons may be different from the needs of other classes of recipients of public assistance.
Sec. 5. No person concerned with the administration of this act shall dictate how any applicant shall expend the aid granted to him. All money paid to a recipient under this act is intended to help him meet his individual needs and is not for the benefit of any other person. Aid granted under this act shall not be construed as income to any person other than the blind recipient.
Sec. 6. As used in this act, blind person means any person who by reason of loss or impairment of eyesight is unable to provide himself with the necessities of life and who has not sufficient income of his own to maintain himself. No individual whose visual acuity with correcting lenses does not exceed 20/200 in the better eye or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20 degrees shall be denied aid to the blind on the ground that he is not blind.
Sec. 7. Any person who, in order to secure for himself or another the aid provided in this act, makes a false statement under oath, shall be deemed guilty of perjury. Whenever any person has, by means of false statement or representation or by impersonation or other fraudulent device obtained aid under this act, he shall make restitution and all actions necessary to secure restitution may be brought against him.
Sec. 8. All aid given under this act shall be absolutely inalienable by any assignment, sale, attachment, execution or otherwise, and in case of bankruptcy the aid shall not pass through any trustee or other person acting on behalf of creditors.
Sec. 9. Information with respect to any individual claiming aid to the blind shall not be disclosed by the Nevada state welfare department or any of its employees to any person, association or body unless such disclosure is related directly to carrying out the provisions of this act.
State Aid to the Blind
Sec. 10. It shall be the duty of the Nevada state welfare department to aid blind persons as provided in this act.
Sec. 11. Funds for payment of aid to the blind shall be provided by direct legislative appropriation from the general fund.
Persons Eligible for Aid to the Blind
Sec. 12. Each blind person who is at least 16 years of age and who has been a resident of this state for at least two out of the last nine years with one year immediately prior to application shall be entitled to receive aid to the blind as hereinafter provided. No blind person otherwise entitled to receive aid to the blind shall be denied such aid on the ground that he is not a citizen of the United States.
Sec. 13. For the purposes of this act neither the residence nor domicile of the husband or wife shall be deemed the residence or domicile of the other, but each may have a separate residence or domicile dependent upon proof of the fact and not on legal presumptions.
κ1953 Statutes of Nevada, Page 705 (CHAPTER 369, AB 22)κ
domicile of the other, but each may have a separate residence or domicile dependent upon proof of the fact and not on legal presumptions. For the purposes of this act a minor child shall be deemed to have resided in the state during any period in which such child has been physically present in the state.
Sec. 14. No person shall receive aid under the provisions of this act who is an inmate of a public institution (except as a patient in a medical institution) or any individual who is a patient in an institution for tuberculosis or mental diseases or who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof. Any such inmate or patient, however, may make an application for aid under this act and have his application investigated and acted upon without delay, in the same manner as applications of other persons are acted upon, while he is such an inmate or patient, and if he is otherwise qualified under the terms of this act, such applications shall be approved. The aid shall be granted to him from the first day of the month in which the determination is made that he is eligible, but in no event shall the aid commence prior to the date of application.
Sec. 15. No applicant or recipient shall be denied the aid provided for in this act because he is attending or intends to attend any public high school in this state or a university or college or other institution of higher learning, or trade or professional school.
Sec. 16. Aid shall be granted to any person who is an inmate of a home or institution maintained by any fraternal, benevolent or other nonprofit organization if the organization has not been paid for the life care and maintenance of the person through assessment of or dues of said inmate or otherwise, whether or not the person has agreed or promised to pay for his maintenance in the event that he receives any pension, bequest, devise or other inheritance.
Sec. 17. No individual receiving aid to the blind under the provisions of this act shall be eligible to receive payments for old-age assistance, aid to dependent children or aid to the totally and permanently disabled during the time such individual is receiving aid to the blind.
Sec. 18. No person who publicly solicits alms in any part of the state shall be eligible to receive aid under the provisions of this act. Publicly solicits shall be construed to mean either wearing, carrying or exhibiting signs denoting blindness for the securing of alms, or carrying receptacles, for the purpose of securing alms, or doing the same by proxy; or stationary or house-to-house begging; or any other means of publicly seeking alms.
Sec. 19. Any blind individual otherwise eligible who has real property the assessed value of which as assessed by the county assessor, less all encumbrances thereon, does not exceed $3,500, shall be entitled to receive aid to the blind; and any blind individual otherwise eligible who, together with his spouse, has combined community real property the assessed value of which as assessed by the county assessor, less all encumbrances thereon, does not exceed $5,000, shall be entitled to receive aid to the blind. In computing value of property under this section, ownership of separate property by a spouse with whom the applicant or recipient is not living shall not preclude the applicant or recipient from receiving the aid provided in this act.
κ1953 Statutes of Nevada, Page 706 (CHAPTER 369, AB 22)κ
section, ownership of separate property by a spouse with whom the applicant or recipient is not living shall not preclude the applicant or recipient from receiving the aid provided in this act.
Sec. 20. Any blind individual otherwise eligible who has personal property of an aggregate valuation, less encumbrances thereon, not in excess of $1,500 shall be entitled to receive aid to the blind; and any blind individual otherwise eligible who, together with his spouse, has personal property of an aggregate valuation, less all encumbrances thereon, not in excess of $2,500, shall be entitled to receive aid to the blind.
For the purpose of this section no life insurance policy shall be valued at more than its present surrender value to the applicant or recipient; and premiums paid thereon shall not be deemed income or resources of the applicant or recipient whether or not such premiums are paid by another person, and no deduction therefor shall be made from the amount of aid granted to the recipient.
Sec. 21. For the purposes of this act, the term personal property, shall not include personal effects of the applicant or recipient, or means of transportation. Personal effects shall include clothing, furniture, household equipment, foodstuffs, fuel and personal jewelry.
Sec. 22. For the purposes of this act, the ownership of stock in a water company not appurtenant to the land shall be considered real property to the extent and in the amount necessary to obtain water for agricultural purposes.
Sec. 23. For the purposes of this act, estates for years, when used for the purpose of providing a place of residence for the owners thereof and when such estate is for a period of not less than one year, shall be considered real property.
Sec. 24. For the purposes of this act any place of abode of an applicant or recipient, whether house, boat, trailer, or other habitation, shall be considered real property.
Sec. 25. Any proceeds from the conversion of real property into personal property received by an applicant or recipient of aid under this act shall be considered real property for a period of 1 year from the time of their receipt.
Sec. 26. An applicants share of any estate, which share has not been distributed and of which he has no present economic use, shall not constitute property for the purpose of this act.
Sec. 27. Free board and lodging supplied to an applicant because of his necessity therefor, by a friend or relative, shall not be a ground for refusing aid.
Sec. 28. The Nevada state welfare department may provide for treatment or operations to prevent blindness, or restore vision to applicants for, or recipients of, aid to the blind who request and make written application for such treatment or operation. The Nevada state welfare department shall reimburse the eye patient for all necessary expenses incurred in connection with the diagnosis and treatment. Necessary expenses shall include the costs of guide service, maintenance while the patient is away from his home, transportation to the eye physician or hospital and return to his home, and the cost of nursing home care when such care is necessary.
κ1953 Statutes of Nevada, Page 707 (CHAPTER 369, AB 22)κ
physician or hospital and return to his home, and the cost of nursing home care when such care is necessary.
Administration and Procedure
Sec. 29. The provisions of this act shall be administered by the Nevada state welfare department. The Nevada state welfare department shall have power to make administrative rules and regulations to enforce the provisions of this act, which rules and regulations shall not conflict with the provisions of this act.
Such rules and regulations shall recognize that the needs and problems of blind persons are special to them and may differ materially from the needs and problems of other classes of aid recipients. All rules and regulations pertaining to the provisions of this act shall be promulgated and construed separate and apart from other rules and regulations made by the department. Copies of such rules and regulations, together with the act establishing aid to the blind, shall be given to all applicants and recipients and shall be made available without charge to members of the public.
Sec. 30. There may be created within the existing organization and number of personnel of the Nevada state welfare department a division for the blind devoted exclusively to carrying out the provisions of this act and all other provisions of law relating to aid to the blind. This division may be headed by a chief, who is a trained social worker experienced in work for the blind. In selecting the chief of the division for the blind, preference shall be given to qualified blind persons. The duties of such division shall be confined to carrying out the provisions of this act. The division for the blind shall not be made a part of any other division or subdivision of the Nevada state welfare department, and the chief of the division for the blind shall be directly responsible to the director of the department.
The division for the blind shall have assigned to it from among the regular number of personnel of the state welfare department a staff to supervise the administration of aid to the blind, and all employees of the division shall be responsible to the chief of the division for the blind irrespective of their headquarters.
In each local office of the Nevada state welfare department, one person shall be assigned additional duties to administer all aid to the blind cases.
All personnel appointed by the Nevada state welfare department to administer the provisions of this act shall be under the state merit system of personnel administration as provided by chapter 212, Statutes of Nevada 1945.
Sec. 31. If at any time the Nevada state welfare department has reason to believe that aid to the blind has been obtained improperly, it shall cause special inquiry to be made and may suspend payments for any installment pending the inquiry. If it appears, upon the inquiry, that the aid has been obtained improperly, it shall be canceled by the department and if it appears that aid was obtained properly, the suspended payment shall be payable. Any person dissatisfied with the action of the department in suspending or canceling aid may appeal to the department and upon such appeal shall be granted an opportunity for a fair hearing.
κ1953 Statutes of Nevada, Page 708 (CHAPTER 369, AB 22)κ
with the action of the department in suspending or canceling aid may appeal to the department and upon such appeal shall be granted an opportunity for a fair hearing.
Sec. 32. Whenever a former recipient of aid under this act whose aid has been canceled or discontinued for any cause requests restoration of aid before the expiration of one year from the date of such cancellation or discontinuance and if it is determined that he is eligible therefor, aid shall be granted to him beginning not later than the first day of the month immediately following the date of such request for restoration and no new application shall be required.
Sec. 33. All papers and records pertaining to his case on file in the Nevada state welfare department or elsewhere shall be open to inspection at any time during business hours by the applicant or recipient or his attorney or agent.
Sec. 34. Immediately upon request therefor, the Nevada state welfare department shall, without charge, mail application blanks for aid to the blind to any person in the state.
Sec. 35. Each applicant for aid shall file with the Nevada state welfare department an application accompanied by an affidavit signed by him, stating, if known, his age, sex, places of residence during the preceding five years, his financial resources and income, the name and address of his spouse, the degree of his blindness, where and when he became blind, what employment and education he has had, his general physical condition, and such other data as are necessary to establish his eligibility for aid to the blind. The applicants sworn statements in his application shall constitute prima-facie evidence of the facts stated, except with respect to degree of blindness and residence. This section shall not be interpreted to preclude an investigation by the Nevada state welfare department.
Sec. 36. All applications for aid to the blind shall be acted upon promptly by the Nevada state welfare department, and the aid, if granted, shall be payable as of the first day of the month in which the 30th day following the date of application occurs. If the investigation of an application is not completed within 30 days from the date of the application, the investigation shall continue until completed, and if eligibility is established, aid shall begin as of the first day of the month in which the end of the 30-day period occurred. The Nevada state welfare department shall immediately inform the applicant in writing of its decision, and if the aid or any part of the aid requested by the applicant is denied, such notification shall state in particular the grounds for the denial.
Sec. 37. Every person administering aid under this act shall conduct himself with courtesy, consideration and respect toward applicants for or recipients of aid to the blind, and shall endeavor at all times to perform his duties in such manner as to secure for every applicant the maximum amount of aid to which he is entitled, without attempting to elicit any information not necessary to carry out the provisions of this act, and without comment or criticism of any fact concerning applicants or recipients not directly related to the administration of this act.
κ1953 Statutes of Nevada, Page 709 (CHAPTER 369, AB 22)κ
Sec. 38. The Nevada state welfare department shall not grant any certificate of qualification for aid under the provisions of this act until it has been satisfied that the applicant is entitled to such aid by such evidence as is acceptable to the department that he has the required residential qualifications and by the evidence of a duly licensed and practicing physician skilled in the diseases of the eye or of a duly licensed and practicing physician skilled in neuropsychiatry or of a duly licensed and practicing optometrist that the applicant is blind. Such physician, neuropsychiatrist or optometrist shall describe the condition of the applicants eyes and testify to the degree of his blindness. The cost of such examination shall be paid entirely by the department in the same manner as other expenses of the department are paid.
The department shall make rules and regulations to prescribe the qualifications, number, and geographical distribution of such physicians and optometrists as are necessary to carry out the eye examinations provided under this act.
Sec. 39. If the Nevada state welfare department is satisfied that the applicant is entitled to aid under the provisions of this act, it shall, without delay, issue an order therefor.
The individual needs of each person claiming aid to the blind shall be presumed and deemed to be not less than $75 per month. The amount of aid to which any claimant shall be entitled shall be, when added to the income (including the value of currently used resources, but excepting casual income and inconsequential resources) of the claimant from all other sources, $75 per month. If however, in any case it is found the actual need of a claimant exceeds $75 per month, such claimant shall be entitled to receive aid in an amount which shall meet such actual need, unless the amount of aid he is otherwise entitled to receive when added to his income (including the value of currently used resources, but excepting casual income and inconsequential resources) from all other sources, shall equal his actual need. The aid granted under this act shall be paid monthly, in advance, out of such funds as may be provided for that purpose.
Sec. 40. In determining the need of an applicant for or recipient of aid to the blind, only such income and resources as are actually and immediately available to the individual for his support shall be taken into consideration in computing the amount of aid to which such individual is entitled, except that the first $50 per month of net earned income shall be entirely disregarded in making such determination. Net earned income so disregarded in the case of an individual claiming aid to the blind shall not be considered in any case as income available for the support of any member of his family or other relative applying for any form of relief or assistance in the state. All expenses incident to the earning of such disregarded income shall be deducted from the individuals gross earnings in determining net earned income. If, when, and during such times as the amount of earned income permitted or required to be disregarded, in determining need, by statute or regulations of the federal government shall be increased, the amount of net earned income required to be disregarded under the provisions of this section shall be immediately increased to the maximum extent permitted or required by the statute or regulation of the federal government.
κ1953 Statutes of Nevada, Page 710 (CHAPTER 369, AB 22)κ
of this section shall be immediately increased to the maximum extent permitted or required by the statute or regulation of the federal government.
Sec. 41. Only such income as is actually regularly paid to an applicant or recipient by a relative may be deemed income available to the applicant or recipient for his support. No relative of an applicant for or recipient of aid to the blind may be held liable for contributions to the support of such applicant or recipient.
Sec. 42. If any applicant for or recipient of aid to the blind is dissatisfied with any action taken by the Nevada state welfare department in respect to his case, he shall have the right of appeal to the Nevada state welfare department and the right to be represented in such appeal by his counsel or agent. The department shall provide an opportunity for a fair hearing of such individuals appeal and shall review his case in all matters in respect to which he is dissatisfied. If such individual feels himself aggrieved by any decision of the department in respect to his case he shall have the right to appeal such decision to the district court having jurisdiction in the place of his residence, and the district court shall have jurisdiction to review his case with respect to all matters of facts and of law.
Sec. 43. Any residence once acquired is presumed to continue unless terminated by a subsequent act of the recipient.
Sec. 44. The Nevada state welfare department shall make such reports in such form and containing such information as the federal government may from time to time require, and shall comply with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of such reports.
Sec. 45. The Nevada state welfare department may, in its discretion authorize the destruction or disposition of the case history, or any part thereof, of any recipient of aid to the blind who has not received aid for in excess of five years prior thereto.
Sec. 46. Whenever it has been shown that moneys collected from recipients in repayment of aid granted under this act have been collected erroneously by the Nevada state welfare department, because of mistake of law or fact, refunds shall be made to recipients and such refunds shall be recorded in the departments reports to the federal government.
Sec. 47. No lien or other interests in favor of the state or any of its political subdivisions shall be levied on or attached to any estate of an applicant for or recipient of aid to the blind as a condition of eligibility for such aid or to recover for such aid following the death of such applicant or recipient.
Sec. 48. The Nevada state welfare department shall immediately prepare a state plan for aid to the blind consistent with the provisions of this act and shall without delay submit such plan to the federal government for the purpose of securing approval of such plan for federal grants-in-aid to this state for aid to the blind. The state plan for aid to the blind so submitted, and as it may from time to time be amended, shall be a public document available during regular business hours to all interested persons.
κ1953 Statutes of Nevada, Page 711 (CHAPTER 369, AB 22)κ
Sec. 49. All acts or parts of acts in conflict herewith are hereby repealed.
Sec. 50. This act shall be effective upon passage and approval.
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Senate Bill No. 220Senators Whitacre and Lemaire.
CHAPTER 370
AN ACT to amend an act entitled, An act relating to officers, their qualifications, times of election, terms of office, official duties, resignations, removals, vacancies in office, and the mode of supplying the same, misconduct in office, and to enforce official duty, approved March 9, 1866.
[Approved March 31, 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 4766, N.C.L. 1929, is hereby amended to read as follows:
Section 2. No person who is not a qualified elector and domiciled in the State of Nevada for five years next preceding his declaration or acceptance of candidacy shall be eligible to any office of honor, profit, or trust, in and under the government and laws of this state. No person shall be eligible to the office of governor, lieutenant governor, justice of the supreme court, secretary of state, state treasurer, state controller, attorney general, surveyor general, superintendent of public instruction, who, at the time of such election, has not attained the age of twenty-five years; and to the offices of clerk of the supreme court, state senator, or assemblyman, who, at the time of such election, has not attained the age of twenty-one years. Any person over the age of twenty-five years shall be eligible to the office of district judge who is a qualified elector of the state and district in which he resides, and domiciled in the State of Nevada for five years next preceding his declaration or acceptance of candidacy.
Sec. 2. This act shall become effective upon passage and approval.
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κ1953 Statutes of Nevada, Page 712κ
Assembly Bill No. 196Mr. Ryan.
CHAPTER 371
AN ACT to amend an act entitled, An act creating an industrial insurance commission; providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act, approved March 27, 1947, as amended.
[Approved March 31, 1953]
Whereas, During the past twenty years the population of southern Nevada has increased many fold; and
Whereas, During the same period, and especially since the end of world war II, there has been a great industrial growth in that area; and
Whereas, The industrial and population growth of southern Nevada shows every sign of continuing, so that that area will probably be the primary industrial area of the state; and
Whereas, The Nevada industrial commission has seen fit to station only one full-time employee in the area, and it is necessary for an injured employee of the industry of Las Vegas or Henderson to travel some 450 miles to obtain prompt service on his claim; and
Whereas, It is felt that it would be in the interest of all of the people of the state to see that prompt adjustment of claims for injuries be made; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 168, 1947 Statutes of Nevada, as amended, is amended by adding thereto a new section, to be numbered section 41.1, and to read as follows:
Section 41.1 The commission shall keep and maintain suboffices at such places in the State of Nevada as industrial activity shall warrant, and shall locate one of such suboffices in the Las Vegas area. Such suboffices shall have complete facilities for processing claims for injuries.
Sec. 2. This act shall become effective upon passage and approval.
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κ1953 Statutes of Nevada, Page 713κ
Assembly Bill No. 334Mr. Crawford.
CHAPTER 372
AN ACT authorizing the state department of highways to pave state highway route No. 81 from Gerlach to the Nevada-California boundary.
[Became a law April 1, 1953, without the Governors signature]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state department of highways may pave and improve state highway route No. 81, beginning on route No. 34 at Gerlach, thence northwesterly through Squaw Valley and Duck Flat to the Nevada-California boundary at the southerly end of Surprise Valley, a distance of approximately fifty-six miles, and the county commissioners, Nevada highway department, and U. S. bureau of public roads shall take such action as may be necessary to permit the use of force account method of using federal aid highway funds by using county forces and county equipment to fulfill the requirement of matching such federal and highway funds as may be available.
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