[Rev. 3/1/2019 5:32:40 PM]
κ1957 Statutes of Nevada, Page 201 (CHAPTER 144, SB 88)κ
provision for the payment thereof. In case the moneys produced from such levies, together with other revenues of the district, are not sufficient punctually to pay the annual installments on its contracts or bonds, and interest thereon, and to pay defaults and deficiencies, then the board shall make such additional levies of taxes as may be necessary for such purposes, and notwithstanding any limitations, such taxes shall be made and continue to be levied until the indebtedness of the district shall be fully paid.
Sec. 19. The body having authority to levy taxes within each county shall levy the taxes provided in this chapter, and all officials charged with the duty of collecting taxes shall collect such taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected and when collected shall pay the same to the district ordering their levy and collection, and the payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district. All taxes levied under this chapter, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same, shall, until paid, constitute a perpetual lien on and against the property taxed, and such lien shall be on a parity with the tax lien of general taxes, and no sale of such property to enforce any general tax or other lien shall extinguish the perpetual lien of district taxes.
Sec. 20. If the taxes levied are not paid as herein provided, the property subject to the tax lien shall be sold, and the proceeds thereof shall be paid over to the district, according to provisions of the laws applicable to tax sales and redemptions.
Sec. 21. Whenever any indebtedness has been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extension of and betterments to the improvements of the district.
Sec. 22. 1. The boundary of any district organized under the provisions of this chapter may be changed in the manner prescribed in sections 23 and 24, but the change of boundaries of the district shall not impair or affect its organization, nor shall it affect, impair or discharge any contract, obligation, lien or charge on which it might be liable or chargeable had such change of boundaries not been made.
2. Property included within or annexed to a district shall be subject to the payment of taxes and charges, as provided in section 24. Real property excluded from a district shall thereafter be subject to the levy of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of such exclusion. Personal property may be excluded from a district on such terms and conditions as may be prescribed by the board of the district involved.
Sec. 23. 1. A fee owner of real property situate in the district, or the fee owners of any real properties which are contiguous to each other and which constitute a portion of the district, may file with the board a petition praying that such lands be excluded and taken from the district.
κ1957 Statutes of Nevada, Page 202 (CHAPTER 144, SB 88)κ
the district. Petitions shall describe the property which the petitioners desire to have excluded. Such petition must be acknowledged in the same manner and form as required in case of conveyance of land and be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings. The secretary of the board shall cause a notice of filing of such petition to be published in the county in which the property or the major portion thereof is located. The notice shall state the filing of such petition, the names of petitioners, description of the property mentioned in the petition, and the prayer of the petitioners; and it shall notify all persons interested to appear at the office of the board at the time named in the notice, showing cause in writing, if any they have, why the petition should not be granted. The board at the time and place mentioned in the notice, or at the times to which the hearing of the petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause why the prayer of the petition should not be granted. The filing of the petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition, or any part thereof.
2. The board, if it deems it not for the best interest of the district that the property mentioned in the petition, or portion thereof, shall be excluded from the district, shall order that the petition be denied in whole or in part as the case may be. If the board deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof, be excluded from the district, it shall order that the petition be granted in whole or in part as the case may be. There shall be no withdrawal from a petition after consideration by the board nor shall further objection be filed except in case of fraud or misrepresentation. Upon allowance of such petition, the board shall file a certified copy of the order of the board making such change with the clerk of the court, and upon order of the court the property shall be excluded from the district.
Sec. 24. 1. The boundaries of a district may be enlarged by the inclusion of additional real property therein in the manner set forth in this section.
2. The fee owner or owners of any real property lying outside the district may file with the board a petition in writing praying that such property be included in the district. The petition shall set forth an accurate legal description of the property owned by the petitioners and shall state that assent to the inclusion of such property in the district is given by the signers thereto, constituting all the owners of such property. The petition must be acknowledged in the same manner required for conveyance of land. There shall be no withdrawal from a petition after consideration by the board nor shall further objections be filed except in case of fraud or misrepresentation.
3. The board of directors shall hear the petition at an open meeting after publishing the notice of the filing of such petition, and of the place, time and date of such meeting, and the names and addresses of the petitioners, which notice shall be published in the county where the district is organized. The board shall grant or deny the petition and the action of the board shall be final and conclusive.
κ1957 Statutes of Nevada, Page 203 (CHAPTER 144, SB 88)κ
4. If the petition is granted as to all or any of the real property therein described, the board shall make an order to that effect, and file the same with the clerk of the court wherein the district was established, and the judge of the court shall thereupon order the property to be included in the district.
5. After the date of its inclusion in such district, such property shall be subject to all of the taxes and charges imposed by the district, and shall be liable for its proportionate share of existing bonded indebtedness of the district; but it shall not be liable for any taxes or charges levied or assessed prior to its inclusion in the district, nor shall its entry into the district be made subject to or contingent upon the payment of or assumption of any penalty or charge, other than the charges which are uniformly made, assessed, or levied for the entire district.
Sec. 25. To carry out the purposes of this chapter, the board is hereby authorized to issue negotiable coupon bonds of the district. Bonds shall bear interest at a rate not exceeding 6 percent per annum, payable semiannually, and shall be due and payable serially, either annually or semiannually, commencing not later than 3 years and extending not more than 30 years from date. The form and terms of the bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium, not exceeding 3 percent of the principal thereof. The bonds shall be executed in the name of and on behalf of the district and signed by the chairman of the board with the seal of the district affixed thereto and attested by the secretary of the board. The bonds shall be in such denominations as the board shall determine and the bonds and coupons thereto attached shall be payable to bearer. Interest coupons shall bear the original or facsimile signature of the chairman of the board.
Sec. 26. Whenever any board shall, by resolution, determine that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any swimming pool, works or other improvements or facilities, or the making of any contract with the United States or other persons or corporations, to carry out the objects or purposes of the district, requiring the creation of an indebtedness of $5,000 or more, the board shall order the submission of the proposition of issuing such obligations or bonds, or creating other indebtedness, to the qualified taxpaying electors of the district at an election held for that purpose. Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by this chapter. The declaration of public interest or necessity herein required and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the swimming pool, works or improvements, as the case may be, the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness.
κ1957 Statutes of Nevada, Page 204 (CHAPTER 144, SB 88)κ
Such resolution shall also fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of the proposed indebtedness. Such resolution shall also fix the compensation to be paid the officers of the election and shall designate the polling place or places and shall appoint, for each polling place from the electors of the district, the officers of such election consisting of three judges, one of whom shall act as clerk.
Sec. 27. The board shall prescribe the form of the notice of election, and direct the publication of the same, the first publication of the notice to be not less than 20 days prior to the election.
Sec. 28. The election board or boards shall conduct the election in the manner prescribed by law for the holding of general elections, and shall make their returns to the secretary of the district. At any regular or special meeting of the board held within 5 days following the date of such election, the returns thereof shall be canvassed and the results thereof declared.
Sec. 29. In the event that it shall appear from the returns that a majority of the qualified taxpaying electors of the district who shall have voted on any proposition submitted hereunder at such election voted in favor of such proposition, the district shall thereupon be authorized to incur such indebtedness or obligations, enter into such contract or issue and sell such bonds of the district, as the case may be, all for the purpose or purposes and object or objects provided for in the proposition submitted hereunder and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in such resolution. Submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent election or elections called for such purpose.
Sec. 30. The provisions of this chapter are hereby declared to be implementary to the provisions of chapter 350 of NRS concerning bonds issued by counties, cities, towns and other municipal corporations, and those provisions are applicable to any bond issue under this chapter, but in the event of conflict the provisions of this chapter shall be controlling.
Sec. 31. Whenever a majority of the taxpaying electors within a district shall file a petition with the secretary of the board thereof praying for the call of a special election for the purpose of submitting a proposition to dissolve the district, or whenever all of the members of the board of the district deem it to be to the best interests of such a district that it be dissolved, the board shall file an application as hereinafter provided in the district court for such dissolution, which application shall be accompanied by a financial statement of the district as of the date of the application, and by a certificate of the board of directors stating that all outstanding and bonded indebtedness of the district has been paid. No notice of election shall be issued, and no election shall be held unless such financial statement and certificate accompanies the application; and in the event such a petition is filed with the secretary and the board certifies that there is an outstanding or bonded indebtedness, the judge shall issue an order that no such election shall be held.
κ1957 Statutes of Nevada, Page 205 (CHAPTER 144, SB 88)κ
filed with the secretary and the board certifies that there is an outstanding or bonded indebtedness, the judge shall issue an order that no such election shall be held.
Sec. 32. The application shall be made to the district court in which the petition for incorporation of the district was originally filed. The application shall describe the territory embraced in the district, the fact that the entire district is desired to be dissolved and the fact that there is no outstanding indebtedness or outstanding and unsatisfied bonds, and shall have annexed thereto an accurate map showing the boundaries of the district to be dissolved.
Sec. 33. Upon presentation of the petition, the clerk of the court shall cause a notice to be published as provided in section 4. Such notice shall recite the fact that a petition has been filed and by whom, and shall state that all indebtedness of the district has been paid, and shall state that the entire district is to be dissolved. The notice shall further specify the time and place of the election, which time shall not be less than 20 nor more than 40 days after the date of the last publication date of the notice; but if an objection to the petition is filed in court within 20 days from the date of the last publication date of the notice the court may continue the election from time to time, not to exceed 6 months, until such objections have been disposed of and due notice of the time and place of any continued election shall be given in the manner and form prescribed by the court.
Sec. 34. Any taxpaying elector may file an objection to the petition, which objection must be filed within 19 days of last publication of the notice. No objection filed after 19 days from date of last publication of notice shall be valid unless it alleges with particularity one of the following grounds:
1. Failure to comply with the express terms of this chapter.
2. Lack of jurisdiction of the court in which the application is filed.
3. Actual fraud or misrepresentation contained in the petition, or in the obtaining of signatures thereto, or in the application.
Sec. 35. 1. The election herein provided shall be governed as near as practicable by the general election laws of this state. The secretary of the board shall prepare the ballots to be used at the election.
2. There shall be printed on the ballot substantially the following words:
Shall the......................................................... swimming pool district be dissolved?
For dissolution.........................................
Against dissolution................................
Sec. 36. At the time specified in the notice, an election shall be held, at which time the taxpayers shall vote on the question of dissolving the district. A majority of the votes cast shall determine the question. If a majority of the taxpaying electors vote to dissolve the district, the district shall be dissolved 60 days after date of the election, Any objections to the election, or proceedings to invalidate the election, must be filed within 30 days from the date of the election.
Sec. 37. In the event that a district is voted to be dissolved, the judge shall enter an order dissolving the district, and a certified copy of such order shall be filed in the county or counties in which the district may be or extend, by the clerk of the district court, and no fees shall be collected for such filing.
κ1957 Statutes of Nevada, Page 206 (CHAPTER 144, SB 88)κ
of such order shall be filed in the county or counties in which the district may be or extend, by the clerk of the district court, and no fees shall be collected for such filing.
Sec. 38. 1. All funds remaining in the treasury of any district voted to be dissolved in excess of the outstanding indebtedness shall be surrendered to the county in which the district exists and become a part of the general fund of the county. In the event any district exists in more than one county, the funds remaining on hand at the time of dissolution shall be divided between the counties in which the district exists pro rata according to the tax collections received from the area in each county during the last tax year.
2. All outstanding and unpaid tax sales and levies of a dissolved district shall be valid and remain a lien against the property against which they are assessed or levied until paid. Taxes paid after dissolution shall be placed in the general fund of the county in which the property was assessed. The board of county commissioners shall have the same power to enforce the collection of all outstanding tax sales of the district as the district would have had in the event it had not been dissolved.
Sec. 39. This chapter being necessary to secure and preserve the public health, safety, recreation, convenience and welfare, it shall be liberally construed to effect its purpose.
Sec. 40. In any and every case where a notice is provided for in this chapter, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due notice to be given, and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice has been properly given in the first instance.
Sec. 41. All cases in which there may arise a question of the validity of the organization of a district, or a question of the validity of any proceeding under this chapter, shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment.
Sec. 42. This act shall become effective upon passage and approval.
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Senate Bill No. 56Committee on State and County Affairs
CHAPTER 145
AN ACT to amend NRS sections 286.540, 286.550, 286.560 and 286.620 relating to disability and service retirement allowances and monthly service retirement allowances for public employees under the Public Employees Retirement Act.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.540 is hereby amended to read as follows:
286.540 1. The objective of this chapter shall be to provide each employee, who is a member of the system with the years of service or attained age specified in this chapter, a disability allowance of the amount provided in this chapter and a total service retirement allowance of 50 percent of his average salary for the 5 consecutive highest salaried years of his last 10 years of service; provided:
κ1957 Statutes of Nevada, Page 207 (CHAPTER 145, SB 56)κ
employee, who is a member of the system with the years of service or attained age specified in this chapter, a disability allowance of the amount provided in this chapter and a total service retirement allowance of 50 percent of his average salary for the 5 consecutive highest salaried years of his last 10 years of service; provided:
(a) That no sum in excess of $400 in any 1 calendar month or $4,800 in any 1 calendar year shall be used in calculating the average salary; and
(b) That the allowance shall be paid only to members receiving initial payments after July 1, 1951, and the allowances granted prior to such date shall remain unchanged.
2. The objective of this chapter shall be deemed applicable to police officers and firemen with 20 or more continuous years of credit in the system and who have reached the age of 55 years, and to other employees with 20 or more continuous years of credit in the system and who have reached the age of 60 years.
3. The monthly service retirement allowance shall not be less than $75 for a person with 20 years or more service nor exceed $200.
Sec. 2. NRS 286.550 is hereby amended to read as follows:
286.550 1. Upon retirement from the service of a participating employer after 20 or more years of continuous service at retirement age, an eligible employee will receive a monthly service retirement allowance, payable during his lifetime, which will be 50 percent of the average monthly salary for the 5 highest salaried consecutive years of his last 10 years of service; provided:
(a) That no sum in excess of $400 in any 1 calendar month or $4,800 in any 1 calendar year shall be used in calculating the average salary; and
(b) That the allowance shall be paid only to members receiving initial payments after July 1, 1951, and that allowances granted prior to such date shall remain unchanged.
2. If the total years of service at retirement is 10 years or more, but less than 20 years, the retirement allowance shall be prorated on the basis of 20 years.
3. In order to be eligible for allowances under this section, unless otherwise specifically provided in this chapter, a police officer or a fireman must have attained the minimum service retirement age of 55 years, and every other employee must have attained the minimum service retirement age of 60 years.
4. Notwithstanding the foregoing subsections of this section, the monthly retirement allowance shall not be less than $75 for a person with 20 years or more service nor exceed $200.
Sec. 3. NRS 286.560 is hereby amended to read as follows:
286.560 If a police officer or a fireman who is a member of the system and has 30 years of continuous service retires, or any other member with 30 years of continuous service retires at the age of 55 years, he shall receive a service retirement allowance which will be 50 percent of his average salary for the 5 consecutive highest salaried years of his last 10 years of service; provided:
1. That no sum in excess of $400 in any 1 calendar month or $4,800 in any 1 calendar year shall be used in calculating the average salary; and
κ1957 Statutes of Nevada, Page 208 (CHAPTER 145, SB 56)κ
in any 1 calendar year shall be used in calculating the average salary; and
2. That the monthly retirement allowance shall not be less than the sum of $75 for a person with 20 years or more service nor exceed the sum of $200.
Sec. 4. NRS 286.620 is hereby amended to read as follows:
286.620 1. A member of the system who has had 10 years or more of continuous service and becomes totally unable to work due to injury or mental or physical illness will receive a disability retirement allowance; provided:
(a) That he shall be in the employ of a participating member at the time of incapacitation for service; and
(b) That he shall have been in such employ for a minimum period of 6 months prior to such incapacitation unless such incapacitation shall be the result of injuries incurred in the course of such employment.
2. If 6 months or more of employment shall immediately precede the incapacitation, it shall not be required that such injury or mental or physical illness shall have arisen out of and in the course of employment.
3. Such disability retirement allowance shall be 50 percent of the members average monthly salary for the 5 highest salaried consecutive years of his last 10 years of service if the years of service are 20 or more, but no sum in excess of $400 in any 1 calendar month or $4,800 in any 1 calendar year shall be used in calculating the average salary.
4. If the total years of service are less than 20, but 10 or more, the disability retirement allowance shall be prorated on the basis of 20 years.
5. No payments under such disability retirement allowance shall be paid for the first 90 days.
6. Should death occur during a period of disability any beneficiary named by the member shall receive the surplus of retirement contributions made by the member over the benefits received by the member.
7. Notwithstanding the foregoing provisions of this section, the monthly disability retirement allowance shall not be less than $75 for a person with 20 years or more service nor exceed $200.
________
κ1957 Statutes of Nevada, Page 209κ
Assembly Bill No. 244Messrs. Pasquale, Buckingham and Olaeta
CHAPTER 146
AN ACT to amend NRS section 616.315 relating to the election by an employer of domestic, agricultural labor to come under the provisions of the Nevada Industrial Insurance Act.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.315 is hereby amended to read as follows:
616.315 1. Any employer of labor in the State of Nevada having in his employment any employee excluded from the benefits of this chapter under [subsection] subsections 2, 3 or 4 of NRS 616.060 may elect to come under the provisions of this chapter in the manner hereinafter provided.
2. The election on the part of the employer shall be made by filing with the commission a written statement that he accepts the provisions of this chapter which, when filed, shall operate to subject him to the provisions of this chapter and of all acts amendatory thereof, until the employer shall thereafter file in the office of the commission a notice in writing that he withdraws his election.
3. Any employee in the service of any such employer shall be deemed to have accepted, and shall be subject to, the provisions of this chapter and of any acts amendatory thereof if, at the time of the accident for which compensation is claimed, the same conditions obtain as are set forth in paragraphs (a) and (b) of subsection 1 of NRS 616.295. However, any rejecting employee may waive the rejection by proceeding in accordance with subsection 2 of NRS 616.295.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 159Miss Herr, Messrs. McMullen and Humphrey
CHAPTER 147
AN ACT to amend chapter 645 of NRS relating to real estate brokers and real estate salesmen by creating new provisions relating to advance fees, advance fee listings, business opportunity brokers and salesmen, the accounting of use of advance fees, forms of advance fee agreements; and other matters properly relating thereto.
[Approved March 21, 1957]
Whereas, Since 1948 a number of individuals and corporate entities, hereafter for convenience referred to as promoters, some operating with their principal or main offices in Nevada, have themselves and through their high-pressure salesmen and agents engaged in the business of making false and fraudulent misrepresentations to the owners, lessees or renters of property, hereafter for convenience referred to as owners, for the purpose of inducing the owners to execute agreements to entrust money to the promoters to be utilized by the promoters for promised services, such as advertising, distribution of brochures, and to establish contact with brokers and prospective buyers, in order to promote the sale, lease, rental or exchange of the property of the owners, such promises being made by the promoters with no intent of making a bona fide effort to render such services, and the effectiveness and efficiency of their services being grossly misrepresented by the promoters; and
κ1957 Statutes of Nevada, Page 210 (CHAPTER 147, AB 159)κ
brochures, and to establish contact with brokers and prospective buyers, in order to promote the sale, lease, rental or exchange of the property of the owners, such promises being made by the promoters with no intent of making a bona fide effort to render such services, and the effectiveness and efficiency of their services being grossly misrepresented by the promoters; and
Whereas, The aforesaid activities are commonly referred to as the advance fee business; and
Whereas, Newspapers and magazines of general circulation have not been found to engage in the aforesaid reprehensible practices; and
Whereas, As a result of the aforesaid practices hundreds of owners, both within and outside of Nevada, have been deceived and defrauded by such promoters, and have lost thousands of dollars; and
Whereas, Such promoters have sought to shield their activities under the guise of operating as mere finders or locators of buyers, or as being engaged exclusively in the advertising or publishing business, and to claim that they are not operating as real estate or business opportunity brokers or salesmen; and
Whereas, To protect the aforesaid owners of property, as well as the general public, and to insure the general welfare, it is necessary to subject the advance fee business to regulation and to limit the persons or entities who engage in the advance fee business to those of proven honesty and integrity, and to establish a fiduciary relationship between the promoters and the owners by requiring that they be licensed as business opportunity brokers and salesmen; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in this chapter, advance fee means a fee contracted for, claimed, demanded, charged, received or collected for an advance fee listing, advertisement or offer to sell or lease property, issued for the purpose of promoting the sale or lease of business opportunities or real estate or for referral to business opportunity or real estate brokers or salesmen or both, prior to the last printing or other last issuance thereof, other than by a newspaper of general circulation.
Sec. 3. As used in this chapter, advance fee listing includes, but is not limited to:
1. The name or a list of the names of the owners, landlords, exchangers or lessors, or the location or locations of property, or of an interest in property, offered for rent, sale, lease or exchange.
2. The name, or a list of the names, or the location or locations at which prospective or potential purchasers, buyers, lessees, tenants or changers of property may be found or contacted.
3. An agreement by which a person who is engaged in the business of promoting the sale or lease of business opportunities or real estate agrees to render to an owner or lessee of such property any services, to promote the sale or lease of such property, for an advance fee.
κ1957 Statutes of Nevada, Page 211 (CHAPTER 147, AB 159)κ
4. An agreement by which a person who is engaged in the business of finding, locating or promoting the sale or lease of business opportunities or real estate agrees, for an advance fee, to circularize, notify or refer business opportunity or real estate brokers or salesmen, or both, to such property which is offered for sale or lease.
Sec. 4. As used in this chapter, business opportunity broker also includes any person who engages in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of business opportunities or real estate by advance fee listing advertising or other offerings to sell, lease, exchange or rent property.
Sec. 5. As used in this chapter, business opportunity salesman also includes a natural person who is employed by a licensed business opportunity broker to claim, demand, charge, receive, collect, or contract for the collection of an advance fee in seeking to promote the sale, exchange, lease or rent of business opportunities or real estate by advance fee listings, advertising or other offerings to sell, exchange, lease or rent property.
Sec. 6. Any person or entity who charges or collects an advance fee shall, within 3 months after such charge or collection, furnish to his principal an accounting of the use of such money. The commission may also demand an accounting by such person or entity of advance fees so collected.
Sec. 7. 1. The commission may require such forms of advance fee agreements to be used, and such reports and forms of accounting to be kept, made and submitted, and may make such rules and regulations as the commission may, in its discretion, determine to be necessary to carry out the purposes and intent of this act.
2. Any violation of the rules, regulations, orders or requirements of the commission shall constitute grounds for disciplinary action against a licensee.
Sec. 8. This act shall become effective upon passage and approval.
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Assembly Bill No. 393Committee on Education
CHAPTER 148
AN ACT to amend NRS section 388.430 relating to the vocational rehabilitation disability determinations.
[Approved March 23, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 388.430 is hereby amended to read as follows:
388.430 1. In order to facilitate the making of vocational rehabilitation disability determinations in this state, the state board for vocational education on behalf of the State of Nevada is authorized to enter into an agreement or agreements with the United States Government, by and through the Secretary of Health, Education, and Welfare, or any other federal agency, for the making of disability determinations, receiving and expending federal funds for the making of such determinations, and to perform other acts and functions necessary to effectuate the provisions of [Title 2 of the Social Security Amendments of 1954, being Public Law 761, 83rd Congress of the United States, and in conformity with section 221 thereof] any Act of Congress, and with all applicable federal regulations adopted pursuant thereto.
κ1957 Statutes of Nevada, Page 212 (CHAPTER 148, AB 393)κ
by and through the Secretary of Health, Education, and Welfare, or any other federal agency, for the making of disability determinations, receiving and expending federal funds for the making of such determinations, and to perform other acts and functions necessary to effectuate the provisions of [Title 2 of the Social Security Amendments of 1954, being Public Law 761, 83rd Congress of the United States, and in conformity with section 221 thereof] any Act of Congress, and with all applicable federal regulations adopted pursuant thereto.
2. The state treasurer is authorized and directed to act as custodian of the moneys paid by the Federal Government to the State of Nevada to carry out the agreement or agreements referred to in subsection 1.
3. The state board for vocational education, by and through its executive officer, shall make the disability determinations required by [section 221 of Title 2 of the Social Security Amendments of 1954,] the provisions of any Act of Congress, and the state treasurer is directed to disburse the funds required for the making of such determinations upon claims by the executive officer of the state board for vocational education in the same manner as other claims against the state are paid.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 392Committee on Education
CHAPTER 149
AN ACT to amend NRS sections 387.050, 388.360, 388.380 and 388.400 relating to the acceptance of congressional acts and federal grants and funds pertaining to vocational education, the powers of the state board for vocational education, the establishment, maintenance of vocational schools and classes by boards of trustees of school districts and funds for the administration of vocational education; and other matters properly relating thereto.
[Approved March 23, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.050 is hereby amended to read as follows:
387.050 1. The State of Nevada accepts the provisions of, and each of the funds provided by, the Act of Congress entitled An act to provide for the promotion of vocational education; to provide for cooperation with the States in the promotion of such education in agriculture and the trades and industries; to provide cooperation with the States in the preparation of teachers in vocational subjects; and to appropriate money and regulate its expenditure, known as the Smith-Hughes Vocational Education Act, and approved February 23, 1917 [.] , and any amendments thereof or supplements thereto.
2. The State of Nevada accepts the provisions of, and each of the funds provided by, the Act of Congress entitled An act to provide for the further development of vocational education in the several states and territories, known as the Vocational Education Act of 1946, approved June 8, 1936, and amended August 1, 1946 [.]
κ1957 Statutes of Nevada, Page 213 (CHAPTER 149, AB 392)κ
1946, approved June 8, 1936, and amended August 1, 1946 [.] , and any amendments thereof or supplements thereto.
3. In addition to the provisions of subsections 1 and 2, the state board for vocational education is authorized to accept and direct the disbursement of funds appropriated by any Act of Congress and apportioned to the State of Nevada for use in connection with the vocational education program.
[3.] 4. In accepting the benefits of the Acts of Congress referred to in subsections 1 [and 2] , 2 and 3, the State of Nevada agrees to comply with all of their provisions and to observe all of their requirements.
[4.] 5. The state treasurer is designated and appointed custodian of all moneys received by the State of Nevada from the appropriations made by the Acts of Congress referred to in subsections 1 [and 2,], 2 and 3, and he is authorized to receive and provide for the proper custody of the same and to make disbursements therefrom in the manner provided in the acts and for the purposes therein specified.
[5.] 6. Upon the order of the state board for vocational education, the state treasurer shall also pay out any moneys appropriated by the State of Nevada for the purpose of carrying out the provisions of this section.
Sec. 2. NRS 388.360 is hereby amended to read as follows:
388.360 The state board for vocational education shall have authority:
1. To cooperate with any federal agency, board or department designated to administer the Acts of Congress [referred to in NRS 387.050.] apportioning federal vocational education funds to the State of Nevada.
2. To administer any legislation enacted pursuant thereto by the State of Nevada.
3. To administer the funds provided by the Federal Government and the State of Nevada [under the provisions of this Title of NRS] for the promotion [of vocational education in agricultural subjects, trade and industrial subjects and home economics subjects.] , extension and improvement of vocational education in agricultural subjects, trade and industrial subjects, home economics subjects, distributive occupation subjects, practical nursing subjects, vocational guidance services and other subjects which may be included in the vocational education program in the State of Nevada.
4. To formulate plans for the promotion of vocational education in such subjects as are an essential and integral part of the public school system of education in the State of Nevada.
5. To provide for the preparation of teachers of such subjects.
6. Within the limits of the provisions of chapter 284 of NRS, to fix the compensation of such officials and assistants as may be necessary to administer the federal act and this Title of NRS for the State of Nevada.
7. To pay such compensation and other necessary expenses of administration and travel from appropriated funds.
8. To make studies and investigations relating to vocational education in such subjects.
κ1957 Statutes of Nevada, Page 214 (CHAPTER 149, AB 392)κ
9. To promote and aid in the establishment by local communities of schools, departments or classes giving training in such subjects.
10. To cooperate with local communities in the maintenance of such schools, departments or classes.
11. To prescribe qualifications for the teachers, directors and supervisors of such subjects.
12. To provide for the certification of such teachers, directors and supervisors.
13. To cooperate in the maintenance of classes supported and controlled by the public for the preparation of the teachers, directors and supervisors of such subjects, or to maintain such classes under its own direction and control.
14. To establish and determine by general regulations the qualifications to be possessed by persons engaged in the training of vocational teachers.
Sec. 3. NRS 388.380 is hereby amended to read as follows:
388.380 Any board of trustees of a school district may:
1. Establish and maintain vocational schools or classes giving instruction in agricultural subjects, [trade or industrial subjects, or home economics subjects.] trade and industrial subjects, home economics subjects, distributive occupation subjects, practical nursing subjects, vocational guidance services and such other subjects which may be included in the vocational education program in the State of Nevada.
2. Raise and expend money for the establishment and maintenance of such vocational schools or classes in the same manner in which moneys are raised and expended for other public school purposes. Moneys so raised may be expended in providing vocational education as outlined in this Title of NRS.
Sec. 4. NRS 388.400 is hereby amended to read as follows:
388.400 1. The moneys for vocational education, which consists of agricultural education, trade and industrial education, home economics education, distributive education, practical nursing education, and such other phases of vocational education as the state board for vocational education may approve for adoption in Nevada schools, shall be provided for and raised in the manner specified in NRS 387.050 and 388.330 to 388.400, inclusive.
2. The state treasurer shall be custodian of such moneys, which shall be used and administered under the authority of the state board for vocational education.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 215κ
Senate Bill No. 128Senators Brown and Settelmeyer
CHAPTER 150
AN ACT to amend chapter 108 of NRS relating to statutory liens by creating new provisions relating to acquisition, enforcement and satisfaction of liens on boats or vessels, and other matters relating thereto.
[Approved March 23, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. 1. Every boat or vessel used in navigating the waters of this state or constructed in this state is subject to a lien:
(a) For wages due to persons employed, for work done or services rendered on board such boat or vessel.
(b) For all debts due to persons, firms or corporations by virtue of a contract, express or implied, with the owners of a boat or vessel, or with the agents, contractors or subcontractors of such owner, or with any person having them employed to construct, repair or launch such boat or vessel, on account of labor done or materials furnished by mechanics, tradesmen or others in the building, repairing, fitting and furnishing or equipping such boat or vessel, or on account of stores or supplies furnished for the use thereof, or on account of launchways constructed for the launching of such boat or vessel.
(c) For all sums for wharfage, anchorage or towage of such boat or vessel within this state.
(d) For all costs incurred in enforcing such lien.
2. Any person, firm or corporation entitled to a lien as provided in subsection 1, may, without process of law, detain such boat or vessel at anytime it is lawfully in his possession until the sum due to him is paid.
3. The classes of claims specified in subsection 1 shall have priority according to the order in which they are enumerated.
Sec. 3. 1. Any holder of a lien under the provisions of section 2 shall not lose such lien by reason of allowing the boat or vessel to be removed from his control.
2. In case a boat or vessel is so removed, the lienholder may, without further process of law, seize such boat or vessel wherever the same may be found within the State of Nevada.
Sec. 4. Any lien or liens in excess of $300 acquired as provided in sections 2 to 11, inclusive, shall be a secondary lien or liens when the boat or vessel in question is sold or leased on a conditional sales agreement or a recorded lease or mortgage.
Sec. 5. The lien created in sections 2 to 11, inclusive, shall not deprive any lienholder of any other remedy allowed by law to a creditor against his debtor.
Sec. 6. The lien created in sections 2 to 11, inclusive, may be satisfied as follows:
1. The lienholder shall give written notice to the person on whose account the charges secured by such lien were incurred and to any other person known to have or claim an interest in the boat or vessel upon which the lien is asserted.
κ1957 Statutes of Nevada, Page 216 (CHAPTER 150, SB 128)κ
other person known to have or claim an interest in the boat or vessel upon which the lien is asserted.
2. The notice shall be given by delivery in person or by registered letter addressed to the last-known place of business or abode of the person or persons to be notified, and if no address is known then addressed to such person or persons at the place where the lien claimant has his place of business.
3. The notice shall contain:
(a) An itemized statement of the claim, showing the sum due at the time of the notice and the date or dates when it became due.
(b) A brief description of the boat or vessel against which the lien exists.
(c) A demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue, shall be paid on or before a day mentioned, not less than 10 days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.
(d) A statement that unless the claim is paid within the time specified the boat or vessel will be advertised for sale, and sold by auction at a specified time and place.
4. In accordance with the terms of a notice so given, a sale by auction may be had to satisfy any valid claim which has become a lien on the boat or vessel. The sale shall be had in the place where the lien was acquired, or, if such place is manifestly unsuitable for the purpose, at the nearest suitable place.
5. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the boat or vessel to be sold, and stating the name of the owner or person on whose account the same is held, and the time and place of the sale, shall be published once a week for 2 consecutive weeks, being three successive weekly issues, in a newspaper published in the place where such sale is to be held, but if no newspaper is published in such place then in some newspaper having a general circulation in such place. The sale shall not be held less than 15 days from the time of the first publication.
6. From the proceeds of such sale the lienholder shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of such proceeds shall be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the boat or vessel.
Sec. 7. At any time before the boat or vessel is so sold, any person claiming a right of property or possession therein may pay the lienholder the amount necessary to satisfy his lien and to pay the reasonable expenses and liabilities incurred in serving notices and advertising and preparing for the sale up to the time of such payment. The lienholder shall deliver the boat or vessel to the person making such payment, if he is a person entitled to the possession of the same, on payment of the charges thereon.
Sec. 8. The remedy for enforcing the lien provided in sections 2 to 11, inclusive, does not preclude any other remedies allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the lienholders claim as shall not be paid by the proceeds of the sale of the property.
κ1957 Statutes of Nevada, Page 217 (CHAPTER 150, SB 128)κ
for the enforcement of a lien against personal property nor bar the right to recover so much of the lienholders claim as shall not be paid by the proceeds of the sale of the property.
Sec. 9. After a boat or vessel has been lawfully sold to satisfy a lien created in sections 2 to 11, inclusive, the lienholder shall not thereafter be liable for failure to deliver the boat or vessel to the owner or claimant.
Sec. 10. Nothing contained in sections 2 to 11, inclusive, shall preclude the owner of any boat or vessel, or preclude any other person having an interest or equity in and to the same, from contesting the validity of such lien, and for this purpose all legal rights and remedies that such person would now have are reserved to and retained by him; but after such sale has been made to an innocent third party the lien claimant shall be solely responsible for loss or damage occasioned the owner, or any other person having an interest or equity in the property, by reason of the invalidity of the lien, or by reason of failure of the lien claimant to proceed in the manner herein provided.
Sec. 11. Any person or persons incurring a bill upon a boat or vessel without the authority of the owner thereof, or by misrepresentation, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $100, or by imprisonment in the county jail for 30 days, or by both fine and imprisonment.
Sec. 12. This act shall become effective upon passage and approval.
________
Assembly Bill No. 75Committee on Ways and Means
CHAPTER 151
AN ACT to amend NRS section 284.110 relating to the personnel administration fund of the state department of personnel; to appropriate money for the personnel administration fund; and other matters properly relating thereto.
[Approved March 23, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.110 is hereby amended to read as follows:
284.110 1. A nonreverting working capital fund in the sum of [$10,000] $20,000 to be known as the personnel administration fund is hereby created.
2. The department is 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 chapter.
3. All moneys received by the department from the Federal Government or from 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.
4. All claims against the personnel administration fund shall be approved by the director before they are paid.
Sec. 2. There is hereby appropriated from any money in the state treasury not otherwise appropriated the sum of $10,000 for the personnel administration fund to be used as provided in NRS 284.110.
κ1957 Statutes of Nevada, Page 218 (CHAPTER 151, AB 75)κ
treasury not otherwise appropriated the sum of $10,000 for the personnel administration fund to be used as provided in NRS 284.110.
________
Assembly Bill No. 327Mr. Franklin
CHAPTER 152
AN ACT to amend chapter 100 of NRS relating to special relations of debtor and creditor by creating new provisions relating to the filing with county recorders of notice of assignment of, or notice of intention to assign, debts and open book accounts; establishing the priority of an assignment of which notice has been filed with the county recorder over assignments made subsequent to filing of said notice; providing for the form of the notice of an assignment or intention to assign and detailing the duties of the county recorders in connection therewith; establishing the fees for the filing and cancellation of notice and certification of notices; providing that such notice shall become ineffective by lapse of time unless renewed; providing for the filing by the assignee of a certificate of satisfaction and discharge and establishing a penalty for the failure of the assignee to file same after demand; providing that assignor of an account shall be trustee for assignee; requiring assignee of an account to furnish certain information to third persons; providing for certain exemptions and exceptions from the provisions of this act.
[Approved March 23, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 100 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, unless the context otherwise requires:
1. Account means a debt due or to become due, arising out of the sale, storage, transportation, care, repair, processing, manufacture or other improvement of tangible personal property, or arising out of a contract therefor, or arising out of the rendition of personal services which, in the regular course of business, will result in an open book account; but account does not include:
(a) Any debt evidenced by or arising under a judgment, note, bill of exchange, acceptance, chattel mortgage, trust receipt, lease, or contract of conditional sale or other deferred payment contract reserving title in the seller; or
(b) Any debt which arises from the sale of tangible personal property or from the sale or assignment of the rents, issues, profits, products, proceeds or increase of tangible personal property, if at the time of the assignment of such debt the assignee is the owner of an encumbrance or a lien upon such personal property, which lien or encumbrance has been duly perfected against third persons pursuant to any applicable state or federal law or which is so perfected within 10 days after the assignment of such debt.
2. Assignment includes any transfer, pledge, mortgage or sale.
κ1957 Statutes of Nevada, Page 219 (CHAPTER 152, AB 327)κ
3. Creditor means a person having any claim, whether matured or unmatured, liquidated or unliquidated, absolute, fixed or contingent.
4. Debt means the indebtedness owing on an account.
5. Debtor means any person by whom an account is owing to the assignor.
6. Filing officer means the county recorder of the county in which the assignor has its chief place of business within this state, or if the assignor has no place of business within the state, then the county recorder of the county in which the assignor resides.
7. Value means any consideration sufficient to support a simple contract, including an antecedent debt or liability where an account is taken in satisfaction thereof or as security therefor.
Sec. 3. 1. An assignment of an account is entitled to priority over any subsequent assignment of the same account; but as between two or more assignees who receive written assignments for value without notice, the assignee whose notice of assignment or of intention to assign is first filed as provided in sections 2 to 12, inclusive, is entitled to priority over all other assignees of the same account.
2. Except as to any credit extended by a creditor after the notice as provided for in sections 2 to 12, inclusive, is filed, an assignment of an account shall be invalid as against any creditor of the assignor without actual notice, unless notice of the assignment or notice of intention to make the assignment as provided in sections 2 to 12, inclusive, is filed at the time of, or before, the execution of the assignment or within 5 days thereafter.
3. A debtor, irrespective of the provisions of sections 2 to 12, inclusive, until notified by the assignor or the assignee not to do so, may pay or otherwise deal in good faith with the assignor or his agent for collection or any person who has succeeded to the assignors interest, and shall have, as against the assignee, any right of setoff, counterclaim or defense against such assignor or person existing in his favor at the time he is so notified.
Sec. 4. Notice of an assignment or of intention to assign an account or accounts may be filed in the office of the filing officer. Such notice shall not be effective unless:
1. The assignment shall be in writing and shall be signed by the assignor; and
2. The assignment, if it assigns accounts to arise in the future, gives the general nature of the business out of which such accounts are to arise and the address where such business is or will be carried on, and the notice is signed by the assignor and assignee and contains a designation of the assignor and the assignee and of the chief place of business of each within this state, if any, and if either of them has no place of business within the state, a designation of his residence or chief place of business outside the state, and a designation of the general nature of the business out of which such accounts arise; and either
(a) A statement that the assignor intends to assign or has assigned an account or accounts then existing or thereafter arising to the assignee; or
κ1957 Statutes of Nevada, Page 220 (CHAPTER 152, AB 327)κ
(b) A statement that the assignor intends to assign or has assigned certain specified accounts, in which event the statement may contain:
(1) A list of the accounts to be assigned, setting forth the amount of each such account and the names and addresses of the persons owing the same; and
(2) If such accounts are to be assigned as collateral security for a specific obligation, a declaration to that effect, and a statement of the amount of such obligation.
Sec. 5. 1. The filing officer shall mark each notice filed with a file number, and the date and hour of filing, and note and index the filing in a suitable index according to the name of the assignor which shall contain a notation of his address or chief place of business as given in the statement.
2. Upon the request of any person filing any such notice, the filing officer shall deliver or mail to such person a certificate under seal, certifying that such notice has been filed. Such certificate shall contain the file number, date and hour of filing, and state whether or not there is on file in such office on the date and hour of such filing any other presently effective uncanceled notice of assignment by the assignor named in the notice so filed, and, if so, the name and address of any assignee named in any such presently effective uncanceled notice then on file.
3. The fee for such filing, for the issuance of any such certificate and for filing any cancellation of notice shall be $1.
4. For a fee of $1, the filing officer may issue a certificate to any person showing whether or not there is on file any presently effective uncanceled notice of assignment by any named assignor and, if so, setting forth therein the name and address of any assignee named therein.
Sec. 6. Upon presentation to the filing officer for filing of any such notice of an assignment or of intention to assign and the payment of the filing fee, the same shall be deemed to be filed for the purposes of sections 2 to 12, inclusive.
Sec. 7. 1. Any such notice shall be ineffective after 3 years from the date of filing, except as to accounts theretofore assigned while such notice was in effect.
2. At any time before expiration of the effectiveness of the original or any subsequent filing, a like statement, signed by the assignor and the assignee, or an affidavit by the assignee alone, setting out the information required by section 4, may be filed in like manner as the original filing. Any filing of such further notice or affidavit shall be effective in like manner and for a like period as an original filing.
3. The filing officer shall mark, file and index the further statement or affidavit in like manner as the original.
4. At any time after 7 years from the date when any notice was placed on file, the filing officer may destroy the same, together with any certificate or statement of cancellation filed in connection with such notice, unless he has been notified in writing to retain the same by someone claiming some interest under such notice.
Sec. 8. Any notice filed hereunder may be canceled by a certificate executed and acknowledged by the assignee reciting:
κ1957 Statutes of Nevada, Page 221 (CHAPTER 152, AB 327)κ
1. The date of the notice;
2. The date of the filing thereof;
3. The names of the parties thereto; and
4. A statement that the same is canceled.
Sec. 9. 1. If an account or accounts are assigned, pursuant to any notice filed under the provisions of sections 2 to 12, inclusive, as collateral security for any obligation, then upon payment or satisfaction of such obligation, and upon written demand, delivered personally or by registered mail by the assignor, the assignee shall execute, acknowledge and deliver to the assignor a certificate reciting:
(a) The date of the notice;
(b) The date of filing thereof;
(c) The names of the parties thereto; and
(d) A statement that the obligation described in the notice has been paid or otherwise satisfied and discharged.
2. If for 10 days after such demand the assignee fails to mail or deliver such a statement of satisfaction, he shall be liable to the assignor for all actual direct damages suffered by him as a result of such failure, and if the failure is in bad faith, for a penalty of $100.
3. Upon presentation of a statement of satisfaction or cancellation, the filing officer shall file the same, and note the cancellation of the notice and the date thereof on the margin of the page where the notice has been indexed.
Sec. 10. 1. The assignor of an account shall be a trustee for an assignee of the proceeds of the account and of any of the property sold which is returned to or recovered by the assignor.
2. The right or lien of the assignee upon the balance remaining owing on such account receivable shall not be invalidated, irrespective of whether the assignee shall have consented to or acquiesced in such acts of the assignor if:
(a) Merchandise sold, or any part thereof, is returned to or recovered by the assignor from the person owing the account receivable and he thereafter deals with it as his own property; or
(b) The assignor grants credits, allowances or adjustments to the person owing an account receivable.
3. The rights of a person who purchases or takes a lien upon property so held in trust in good faith and for value without notice of the trust are superior to the rights of the assignee.
Sec. 11. Any assignee who has filed a presently effective and uncanceled assignment shall furnish to any person such information relative to assignments of such accounts as the assignor may in writing direct.
Sec. 12. The provisions of sections 2 to 11, inclusive, shall not:
1. Affect the validity of an assignment as between the parties thereto.
2. Apply to an assignment made pursuant to the provisions of any statute of the United States.
3. Apply to any assignment made for the benefit of all of the assignors creditors generally.
4. Apply to any assignment made prior to July 1, 1957.
________
κ1957 Statutes of Nevada, Page 222κ
Senate Bill No. 74Senators Lamb, Slattery, McGowan, Black and Frank
CHAPTER 153
AN ACT to amend chapter 333 of NRS relating to the State Purchasing Act by creating new provisions relating to the sale of certain personal property in the possession of the department of highways to counties and cities; prescribing procedures for such sales and the disposition of proceeds thereof; and other matters relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 333 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. Whenever the department of highways declares any tools, implements, machinery or other equipment in its possession to be surplus or not necessary for the use of such department, or requests that any such tools, implements, machinery or other equipment be replaced, and if such tools, implements, machinery or other equipment are not transferred to another agency in accordance with subsection 2 of NRS 333.220, the director shall, notwithstanding the provisions of subsection 4 of NRS 333.220, offer the same for sale to the various counties and incorporated cities in this state in accordance with the provisions of sections 3 to 8, inclusive.
Sec. 3. 1. Whenever any tools, implements, machinery or other equipment become available for purchase by counties or cities as provided in section 2, the director shall give written notice thereof to the board of county commissioners of each county and to the chief executive officer of each incorporated city in the state.
2. The notice shall contain:
(a) A description of the specific items or lots of items available for purchase, including the make, model, type, age and serial number or other identification of machinery or equipment;
(b) A statement of the time and place where such items will be available for inspection;
(c) A statement of the place where such items will be delivered to the purchaser;
(d) A statement of the time and place at which sealed bids for the purchase of such items or lots of items will be accepted and the time and place such bids will be opened; and
(e) Such other information as the director may deem appropriate.
Sec. 4. 1. No bid for any item or lot of items shall be accepted by the director unless the amount of such bid exceeds the value at which such item or lot of items was carried on the books of the department of highways on the date the same became available for sale pursuant to section 2.
2. No bid shall be accepted by the director unless it provides for payment of the entire purchase price in cash immediately upon transfer of ownership to the purchaser.
Sec. 5. Bids shall be opened not later than 40 days after mailing of the notice required by section 3, but the date of opening shall not be less than 10 days after the date on which the material to be sold became available for inspection.
κ1957 Statutes of Nevada, Page 223 (CHAPTER 153, SB 74)κ
of the notice required by section 3, but the date of opening shall not be less than 10 days after the date on which the material to be sold became available for inspection.
Sec. 6. 1. Upon the opening of bids, the director shall accept the highest bid for each item or lot of items submitted by any county which conforms to the requirements of section 4.
2. If no bid conforming to the requirements of section 4 is received from any county, the director shall accept the highest conforming bid for each item or lot of items submitted by any incorporated city.
3. If no bid conforming to the requirements of section 4 is received, the director may dispose of any such item or lot of items in such other manner as is authorized by law.
Sec. 7. 1. Upon the acceptance of any bid, the director shall notify the department of highways of the acceptance of the bid and certify to:
(a) A description of each item or lot of items sold to the purchaser;
(b) The name of the purchaser; and
(c) The sales price of each item or lot of items so sold.
2. Upon receipt of such certificate and payment of the sales price specified therein, the department of highways shall transfer title to the property to the purchaser.
Sec. 8. All moneys received by the department of highways, pursuant to section 7, shall forthwith be deposited in the state treasury to the credit of the state highway fund.
________
Senate Bill No. 136Senators Seevers, Whitacre, Brown and Lattin
CHAPTER 154
AN ACT to amend NRS section 210.180 relating to the commitment of delinquents to the Nevada school of industry or to a school outside of the state.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 210.180 is hereby amended to read as follows:
210.180 1. It shall be lawful for the courts to commit to the school those minor persons whom they have found to be delinquents as provided by law. In the case of a female minor, and upon the written request of the superintendent, the court may order her commitment to a school approved by the board outside of the State of Nevada.
2. The court may order, when committing a minor to the care, custody and control of the school, the expense of his support and maintenance be paid in whole or in part by his parents, guardian or other person liable for his support and maintenance. The moneys so ordered paid shall be paid to the superintendent, who shall immediately deposit the sum in the state treasury to be credited to the general fund.
κ1957 Statutes of Nevada, Page 224 (CHAPTER 154, SB 136)κ
3. The court shall order, before commitment, that such minor person be given a physical examination, which examination shall include a blood test, X-ray examination for tuberculosis, urinalysis and an examination for venereal disease, by some licensed physician. The physician shall, within 5 days after such examination, make a written report of the results thereof to the superintendent, or, in the case of a female minor, to the executive head of a school outside of the State of Nevada to which such minor person is committed. Such examination shall be paid for by the county wherein such commitment was ordered.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 35Senator Lattin
CHAPTER 155
AN ACT to amend NRS section 444.130 relating to sanitation in construction and labor camps.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 444.130 is hereby amended to read as follows:
444.130 1. In or at any [highway] construction or labor camp where five or more persons are employed, bunkhouses, tents or other suitable sleeping places must be provided for all the employees. The bunkhouses, tents or other sleeping places shall:
(a) Be in good structural condition, and so constructed as to provide shelter to the occupants against the elements and so as to exclude dampness in inclement weather.
(b) Be kept in a cleanly state, and free from vermin and matter of an infectious and contagious nature.
2. The grounds around such bunkhouses, tents or other sleeping places shall be kept clean and free from accumulations of dirt, filth, garbage and other deleterious matter.
________
κ1957 Statutes of Nevada, Page 225κ
Senate Bill No. 29Senator Lovelock
CHAPTER 156
AN ACT to amend chapter 685 of NRS relating to insurance adjusters by creating new provisions relating to regulation of professional bondsmen and sureties; licensing of professional bondsmen by the commissioner of insurance and establishing license fees; renewal, suspension and revocation of licenses; appeals from orders refusing issuance or renewal or suspending or revoking licenses; defining certain words and terms; providing penalties; and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 685 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. Sections 2 to 11, inclusive, of this act shall be known and may be cited as the Professional Bondsmen Law.
Sec. 3. Professional bondsman means any person, firm or corporation, other than a fidelity or surety company, or any of its officers, agents, attorneys or employees, authorized to execute bail bonds or to solicit business on its behalf, who:
1. Engages in the business of giving bail, giving or soliciting undertakings, or giving or soliciting indemnity or counter-indemnity to sureties on undertakings.
2. Within a period of 30 days has become a surety, or has indemnified a surety, for the release on bail of a person, with or without a fee or compensation, or promise thereof, in two or more cases not arising out of the same transaction.
Sec. 4. 1. No person in this state shall act as, or hold himself out to be, a professional bondsman unless he holds a valid license as such issued by the commissioner under the provisions of this act.
2. Any person violating this section shall be guilty of a gross misdemeanor.
Sec. 5. No person shall be entitled to receive, renew or hold a license as a professional bondsman unless he:
1. Is over the age of 21 years.
2. Is and has been a bona fide resident of the State of Nevada for at least 3 months immediately preceding application.
3. Has never been convicted of a felony.
4. Is financially capable of conducting the business of professional bondsman.
5. Continuously maintains an office in the county where his business is conducted.
Sec. 6. 1. Application for a license or renewal thereof shall be made under oath to the commissioner upon forms prescribed and furnished by him and shall show:
(a) The name, residence address and business address of the applicant.
(b) Any business the applicant has been engaged in during the 10 years next preceding the date of the application, and, if employed, the name and address of the employer.
κ1957 Statutes of Nevada, Page 226 (CHAPTER 156, SB 29)κ
years next preceding the date of the application, and, if employed, the name and address of the employer.
(c) In what state or states the applicant has been, or is currently, licensed as a bondsman or insurance agent.
(d) Whether the applicant has ever had a license as a bondsman or insurance agent refused or revoked in this or any other state.
(e) Such other information as the commissioner may deem pertinent relative to the applicants personal history, experience, business record, and financial status.
(f) In the case of a partnership, corporation or other association, the names and residence addresses of all officers and persons owning or holding any interest therein.
2. An application by a corporation shall be accompanied by a certified copy of its articles of incorporation and any amendments thereto.
Sec. 7. 1. Upon approval of an application, the commissioner shall issue a license in such form as he may prescribe, but it shall contain:
(a) The name of the licensee and his business address; and
(b) The date of issuance and date of expiration.
2. Licenses shall be issued for a period of 1 year and shall be renewable on each anniversary date of issuance. The license fee shall be $50 a year.
3. Licenses shall not be assigned or transferred.
Sec. 8. 1. If the commissioner refuses to grant or renew a license, he shall notify the applicant within 10 days thereafter in writing giving the reasons for such refusal. The commissioner shall grant a hearing to the applicant upon written request therefor, if submitted within 20 days after receipt of the notice of refusal.
2. The hearing shall be at such time and place as the commissioner may designate in a notice served by registered mail upon the applicant 20 days before the date of hearing designated therein.
3. If after such hearing the commissioner still refuses to grant the applicant a license, the applicant may within 30 days appeal the commissioners decision as provided in subsection 3 of section 10.
Sec. 9. 1. No professional bondsman may charge a premium, service fee or exact other compensation for acting as surety on any undertaking in excess of the maximum premium filed with and approved by the commissioner for a like kind and amount of bond.
2. In any action to recover an overcharge by a professional bondsman, if such overcharge is proven, the professional bondsman shall be liable to pay treble damages therefor.
Sec. 10. 1. A license may be suspended or revoked by the commissioner for any of the following causes:
(a) Violation of any provision of this act;
(b) Fraudulently obtaining a license under the provisions of this act;
(c) Conviction of any criminal offense under the laws of this state, the United States or any other state;
(d) Being adjudged a bankrupt or insolvent;
(e) Failure to pay any judgment or decree rendered on any forfeited undertaking in any court of competent jurisdiction; or
(f) Any interference or attempted interference with the administration of justice.
κ1957 Statutes of Nevada, Page 227 (CHAPTER 156, SB 29)κ
2. No license shall be suspended or revoked by the commissioner without first providing an opportunity to the licensee, within 30 days of the date of the notice of hearing, to be heard and produce evidence in his behalf, except that a license shall be automatically forfeited and revoked if the licensee is convicted of a felony involving moral turpitude. In the conduct of such hearing the commissioner, or any employee of the insurance department designated by him for such purpose, shall have power to administer oaths, to examine any person under oath, and, in connection therewith, to require the production of any books, records or papers relevant to the inquiry.
3. Any order made by the commissioner refusing, revoking or suspending a license shall be subjected to review by the district court of Ormsby County. Any licensee or applicant aggrieved by an order of the commissioner may, within 30 days after the order has been mailed to or otherwise served upon him, appeal from such order by filing a petition for review of the findings of the commissioner in the district court of Ormsby County. If an appeal is not so taken it shall conclusively be deemed to have been waived.
Sec. 11. 1. Any person charging or receiving, directly or indirectly, any greater compensation for acting as a professional bondsman than is provided for by section 9 shall be guilty of a misdemeanor.
2. Any person who accepts any fee or compensation for obtaining a bondsman or recognizance shall be guilty of a misdemeanor.
3. Any person who violates any section of this act for which no specific penalty other than suspension or revocation of license is provided shall be guilty of a misdemeanor.
4. Any law enforcement officer, employee of a penal institution, justice of the peace, officer of any court, or employee of any public office who has, directly or indirectly, any pecuniary interest in or derives any profit from bonding business or activity of a professional bondsman shall be guilty of a misdemeanor.
5. Any professional bondsman who solicits business in any of the courts or on the premises of any of the courts of this state shall be guilty of a misdemeanor.
Sec. 12. This act shall become effective upon passage and approval.
________
Assembly Bill No. 214Committee on Judiciary
CHAPTER 157
AN ACT to amend chapter 150 of NRS relating to compensation and accounting in probate matters by creating new provisions relating to the proration of the federal estate tax, and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 150 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
κ1957 Statutes of Nevada, Page 228 (CHAPTER 157, AB 214)κ
Sec. 2. Sections 2 to 12, inclusive, shall be known and may be cited as the Federal Estate Tax Apportionment Law.
Sec. 3. Except where the context otherwise requires, as used in sections 2 to 12, inclusive:
1. Estate tax means federal estate tax, including any interest and penalty thereon.
2. Gross estate or estate means all property included for federal estate tax purposes in determining the federal estate tax pursuant to the federal estate tax law.
3. Person interested in the estate means any person who receives or is the beneficiary of any property transferred pursuant to a transfer which is subject to a tax imposed by any federal estate tax law, now existing or hereafter enacted.
Sec. 4. Whenever it appears upon any accounting, or in any appropriate action or proceeding, that an executor, administrator, trustee or other fiduciary has paid or may be required to pay an estate tax to the Federal Government under the provisions of any federal estate tax law, now existing or hereafter enacted, upon or with respect to any property required to be included in the gross estate of a decedent under the provisions of any such law, the amount of the tax shall be equitably prorated among the persons interested in the estate, whether residents or nonresidents of this state, to whom such property was, is or may be transferred or to whom any benefit accrues, except:
1. Where a testator otherwise directs in his will.
2. Where by written instrument executed inter vivos direction is given for apportionment among the beneficiaries of taxes assessed upon the specific fund dealt with in such inter vivos instrument.
Sec. 5. 1. A testator, settlor, or possessor of any appropriate power of appointment may direct how the estate tax shall be apportioned or allocated or grant a discretionary power to another so to direct. Any such direction shall take precedence insofar as the direction provides for the payment of the estate tax or any part thereof from property the disposition of which can be controlled by the instrument containing the direction or delegating the power to another.
2. Any direction as to apportionment or nonapportionment of the tax, whether contained in a will or in a nontestamentary instrument, shall be limited in its operation to the property passing thereunder unless such will or instrument otherwise directs.
Sec. 6. 1. The proration shall be made by the court having jurisdiction in probate of any property in the estate in the proportion, as near as may be, that the value of the property, interest or benefit of each such person bears to the total value of the property, interest and benefits received by all such persons interested in the estate.
2. In making a proration, allowances shall be made for any exemptions granted by the act imposing the tax and for any deductions allowed by such act for the purpose of arriving at the value of the net estate.
3. Any exemption or deduction allowed by reason of the relationship of any person to the decedent or by reason of the charitable purposes of the gift shall inure to the benefit of the person bearing such relationship or receiving such charitable gift; except that when an interest is subject to a prior present interest which is not allowable as a deduction, the estate tax apportionable against the present interest shall be paid from principal.
κ1957 Statutes of Nevada, Page 229 (CHAPTER 157, AB 214)κ
interest is subject to a prior present interest which is not allowable as a deduction, the estate tax apportionable against the present interest shall be paid from principal.
4. Any deduction for property previously taxed and any credit for gift taxes or taxes of a foreign country paid by the decedent or his estate shall inure to the proportionate benefit of all persons liable to apportionment.
5. Any credit for inheritance, succession or estate taxes or taxes in the nature thereof in respect to property or interests includable in the gross estate shall inure to the benefit of the persons or interests chargeable with the payment of such taxes to the extent or in proportion that the tax paid or payable reduces the estate tax.
6. To the extent that property passing to or in trust for a surviving spouse does not constitute an allowable deduction solely by reason of an inheritance tax or other death tax imposed upon and deductible from such property it shall not be included in the computation provided for in subsection 1 and to that extent no apportionment shall be made against such property.
7. The values used for federal estate tax purposes shall be the values used as the basis for apportionment.
8. Whenever the court finds that it is inequitable to apportion interest and penalties in the same manner as the principal of the estate tax by reason of special circumstances it may direct apportionment of interest and penalties in a manner different from principal.
Sec. 7. 1. In cases where a trust is created, or other provision made whereby any person is given any interest in income, or an estate for years, or for life, or other temporary interest in any property or fund, the tax on both such temporary interest and on the remainder thereafter shall be charged against and paid out of the corpus of such property or fund without apportionment between remainders and temporary estates.
2. The provisions of subsection 1 shall apply notwithstanding that the holder of a temporary interest is given rights to the corpus, but shall not apply to a common law annuity.
Sec. 8. 1. In all cases in which any property required to be included in the gross estate does not come into the possession of the executor or administrator, he shall be entitled, and it shall be his duty, to recover from whomever is in possession, or from the persons interested in the estate, the proportionate amount of the tax payable by the persons interested in the estate with which such persons interested in the estate are chargeable. The probate court may direct the payment of such amount of tax by such persons to the executor or administrator.
2. The provisions of subsection 1 shall also be applicable to persons in possession of or interested in real or personal property located in or subject to administration in another state and required to be included in the gross estate of a resident of this state, unless such other state refuses to enforce such apportionment, in which case apportionment may be made in accordance with the law which would be applied by such other state.
3. Any person interested in the estate from whom apportionment shall be required under subsections 1 and 2 shall also be charged with the amount of reasonable expenses, including executors, administrators and attorneys fees, in connection with the determination of the tax and the apportionment thereof.
κ1957 Statutes of Nevada, Page 230 (CHAPTER 157, AB 214)κ
shall be required under subsections 1 and 2 shall also be charged with the amount of reasonable expenses, including executors, administrators and attorneys fees, in connection with the determination of the tax and the apportionment thereof. Such expenses shall be determined and collected in like manner as the tax.
Sec. 9. 1. The probate court, upon making a determination as provided in sections 2 to 12, inclusive, shall make a decree or order directing the executor, administrator or other fiduciary to charge the determined amounts against the persons against whom the tax has been prorated insofar as he is in possession of property or interests of such persons against whom the charge may be made, and summarily directing all other persons against whom the tax has been prorated or who are in possession of property or interests of such persons to make payment of such determined amounts to such executor, administrator or other fiduciary.
2. Such decrees or orders may be preliminary, intermediate or final.
3. If the executor, administrator or other fiduciary holds property of a person liable to apportionment which is insufficient to satisfy the determined amount, the court may direct that the balance shall be paid by the person liable
4. If it appears that the executor, administrator or other fiduciary cannot recover the amount apportioned against any person, any amount not recovered shall be charged in such manner as the court may determine.
5. If an overpayment is made the court may direct appropriate reimbursement.
Sec. 10. The court shall retain jurisdiction until the purposes of sections 2 to 12, inclusive, have been accomplished.
Sec. 11. Tax imposed and expenses incurred by reason of inclusion for tax purposes of property located or administered in this state, in the estate of a nonresident of this state, shall be apportioned in accordance with the law of the decedents domicile, applicable to property located therein.
Sec. 12. The provisions of sections 2 to 11, inclusive, shall not apply to estates of persons who died prior to the effective date thereof.
Sec. 13. This act shall become effective upon passage and approval.
________
Assembly Bill No. 223Messrs. Vaughan and Evans
CHAPTER 158
AN ACT to amend NRS section 370.200 relating to the sales of cigarette revenue stamps by sheriffs; providing that officers of incorporated cities may also make such sales; and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 370.200 is hereby amended to read as follows:
370.200 1. The tax commission is authorized to appoint the sheriff of any county and officers of incorporated cities to act as its [agent] agents in the sale of Nevada cigarette revenue stamps.
κ1957 Statutes of Nevada, Page 231 (CHAPTER 158, AB 223)κ
of any county and officers of incorporated cities to act as its [agent] agents in the sale of Nevada cigarette revenue stamps.
2. The sheriff and city officers shall:
(a) Serve as such agent without additional compensation; and
(b) Immediately make a return of all receipts collected from sales of cigarette revenue stamps to the county treasurer of his county.
3. The county treasurer shall remit all moneys so received to the tax commission on the 1st day of each month.
________
Assembly Bill No. 224Messrs. Vaughan, McMullen, Young and Evans
CHAPTER 159
AN ACT to amend chapter 244 of NRS relating to county government by creating a new provision relating to the power of the board of county commissioners to prohibit the sale or use of fireworks within the county.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board of county commissioners shall have power and jurisdiction in their respective counties to pass ordinances prohibiting, restricting, suppressing or otherwise regulating the sale, use, storage and possession of fireworks, and providing penalties for the violation thereof.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 239Committee on Judiciary
CHAPTER 160
AN ACT to amend NRS section 354.020 relating to the preparation of annual budgets by counties; providing the time, a grace period and penalties; and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.020 is hereby amended to read as follows:
354.020 1. Between March 1 and [April 1] March 15 of each year, the board of county commissioners of each county shall prepare a budget of the amount of money estimated to be necessary to pay the expenses of conducting the public business of the county for the next fiscal year beginning the following July 1.
2. If any board of county commissioners is unable to complete its budget by [April 1] March 15, a grace period of 2 weeks may be obtained within which to complete the budget if the board of county commissioners makes such a request to the Nevada tax commission prior to the due date of the budget, setting forth therein satisfactory reasons for such request.
κ1957 Statutes of Nevada, Page 232 (CHAPTER 160, AB 239)κ
commissioners makes such a request to the Nevada tax commission prior to the due date of the budget, setting forth therein satisfactory reasons for such request.
3. Upon the failure of any board of county commissioners to complete its budget by the due date or within the grace period, if such grace period has been obtained, the members of the board of county commissioners shall each be guilty of a misdemeanor in office.
________
Assembly Bill No. 245Committee on Agriculture and Irrigation
CHAPTER 161
AN ACT to amend chapter 616 of NRS relating to industrial insurance by creating a new provision relating to the requirement that attending physicians and surgeons submit duplicate statements for professional services to employers of injured employees.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The commission shall not authorize the payment of any moneys to a physician and surgeon for professional services rendered by him in attending an injured employee until and unless an itemized statement for such professional services has been received by the commission accompanied by a certificate of the physician and surgeon stating that a duplicate of such itemized statement has been mailed or personally delivered to the employer of the injured employee.
________
Assembly Bill No. 282Messrs. Pozzi, Barnum and Vaughan
CHAPTER 162
AN ACT to amend NRS sections 349.120 and 349.130 relating to provision of moneys for the consolidated bond interest and redemption fund.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 349.120 is hereby amended to read as follows:
349.120 1. For each [fiscal year an ad valorem tax shall be levied upon all of the taxable property in the State of Nevada,] biennium, moneys shall be provided by direct legislative appropriation from the general fund sufficient in amount to meet the bond interest and redemption requirements of the State of Nevada, as designated by the various issues of bonds for which the faith of the State of Nevada has been or may hereafter be pledged. The [rate] amount shall be determined by the legislature from time to time so as to effectuate the purposes of NRS 349.080 to 349.140, inclusive.
κ1957 Statutes of Nevada, Page 233 (CHAPTER 162, AB 282)κ
by the legislature from time to time so as to effectuate the purposes of NRS 349.080 to 349.140, inclusive.
2. [The proceeds of the tax] All moneys so appropriated shall be placed in the consolidated bond interest and redemption fund. All [funds] moneys so [received] appropriated and placed are hereby expressly set apart and appropriated for the purpose of discharging the obligations of the State of Nevada for bond interest and redemption of bonds issued prior to and after March 28, 1939.
Sec. 2. NRS 349.130 is hereby amended to read as follows:
349.130 [1.] The [revenues] moneys provided for by the terms of NRS 349.080 to 349.140, inclusive, to be paid into the consolidated bond interest and redemption fund shall, on all occasions, be applied for the purposes of redemption and interest payments on bonds. If any bonds become due for redemption or any interest thereon becomes due when there is an insufficient sum of money in the consolidated bond interest and redemption fund, then any such deficiency forthwith shall be appropriated and paid out of the general fund of the state.
[2. If such an appropriation and payment is made from the general fund, an increase in the next levy shall be made to provide for any such sum that shall have been paid from the general fund. The revenue so provided by the increased rate shall be repaid into the general fund to make the same whole on account of the deficiency.]
________
Assembly Bill No. 346Messrs. Fullerton, McKissick, Valentine and David
CHAPTER 163
AN ACT to amend Title 38 of NRS concerning public welfare by creating a new chapter relating to juvenile delinquency; authorizing and directing the governor to designate a state agency to carry out the purposes of federal legislation to strengthen and improve juvenile delinquency programs; requiring the designated agency to submit application for federal funds and stating the contents of the application; providing for the receipt and disbursement of funds; and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 38 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. The governor is hereby authorized and directed to designate a state agency to carry out the purposes of any Act of Congress appropriating funds to strengthen and improve state and local programs to combat and control juvenile delinquency.
Sec. 3. The agency designated pursuant to section 1 shall make application to the Secretary of Health, Education and Welfare which shall:
1. State the name of the agency so designated and its authority to act under gubernatorial appointment.
κ1957 Statutes of Nevada, Page 234 (CHAPTER 163, AB 346)κ
2. Show the participation by representatives of various state agencies concerned with the control of juvenile delinquency, including state welfare, education, health and labor departments, state mental health and vocational rehabilitation departments and representatives from the state juvenile courts, probation and police services.
3. Provide for the consulting with and securing advice from voluntary organizations providing services for the control of juvenile delinquency, and from civic groups concerned with the control of juvenile delinquency.
4. State their determinations made as to the most urgent needs of the state for strengthening and improving existing programs for the control of juvenile delinquency.
5. Certify that the state agency designated will make such reports in such form as the Secretary of Health, Education and Welfare may require.
6. Submit state plans for coordination of state and local programs for the control of juvenile delinquency, and to strengthen and improve such plans, the provisions for consulting and securing advice from voluntary or civic organizations, the provisions for state financial participation, the establishment of administrative personnel standards on a merit basis, and providing for required reports.
Sec. 4. The state treasurer shall receive and be custodian of all funds received pursuant to any federal legislation referred to in sections 2 and 3. All funds so received and in the custody of the state treasurer shall be disbursed by the agency designated by the governor to carry out the provisions of this law, subject to the terms and conditions and in the manner provided in any federal legislation, upon claims as other claims against the state are paid.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 394Committee on Judiciary
CHAPTER 164
AN ACT to amend NRS section 218.520 relating to the style and form of the Statutes of Nevada.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.520 is hereby amended to read as follows:
218.520 1. The superintendent of state printing is authorized to set the style and form of the printing of the bound volumes of the Statutes of Nevada.
2. In printing the section or part of the law reenacted in an amendatory law, he shall cause to be [eliminated therefrom] printed between brackets or in strike-out type the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendments as the same appears in the enrolled bill.
κ1957 Statutes of Nevada, Page 235 (CHAPTER 164, AB 394)κ
the enrolled bill. He shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by passage of such amendment.
3. In ascertaining the correct reading, status and interpretation of an amendatory law, the matter in italics shall be read and interpreted as part of the law.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 220Messrs. Vaughan, McMullen, Young and Evans
CHAPTER 165
AN ACT to amend NRS section 548.285 relating to election of supervisors of soil conservation districts.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 548.285 is hereby amended to read as follows:
548.285 1. The county clerk of the county in which a soil conservation district is situated shall conduct an annual election for the replacing of any supervisors whose terms have expired and shall pay all costs of such election from county funds.
2. Such elections shall be held during the period November 15 to March 31 of each year.
3. The county clerk shall give public notice of such election by publication or written notice individually mailed to all qualified electors not less than 10 days in advance of the date of election.
4. The election shall be held at a mass meeting of electors in a centrally located public meeting place within the district. The [county clerk] chairman of the district supervisors shall preside at this meeting and the secretary of the soil conservation district shall keep a record of transactions at the meeting.
5. Nominations shall be made verbally and voting shall be by secret ballot. The [county clerk] chairman of the district supervisors shall appoint five of the electors present to act, without pay, as judges and tellers.
6. The result of the election shall be certified to the state soil conservation committee and to the secretary of state within 1 week following the date of election.
7. If a soil conservation district embodies land lying in more than one county, the county clerks of the respective counties shall confer and delegate to the clerk of the county having the greatest number of qualified soil conservation district electors the duty of carrying out the provisions of this section, and shall reimburse the latter mentioned county on a pro rata basis for their respective counties shares of the expenses of conducting the election.
________
κ1957 Statutes of Nevada, Page 236κ
Assembly Bill No. 175Committee on Judiciary
CHAPTER 166
AN ACT to amend NRS section 354.290 relating to the duties of county auditors to audit apportionments, keep records of receipts and expenditures, and render quarterly statements.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.290 is hereby amended to read as follows:
354.290 1. The county auditor of each county shall:
(a) Audit all apportionments made by the county treasurer.
(b) Keep a complete record of all such apportionments to and disbursements from funds.
(c) Keep accounts showing the amount of revenue received from each of the various sources, the amount of expenditures of the various departments and the object of such expenditures.
2. At the first regular meeting of the board of county commissioners in [January, April, July and October,] October, January, April and July, the county auditor shall submit to the board a statement containing the information required by subsection 1 in such detail as may be required, but such statement shall, in any event, show the amount of outstanding warrants against and the available balance in each county, state and special fund, the total amount in all school district funds, and the total thereof, together with [the following] an analysis of receipts and disbursements for the previous quarter [:] by account and fund. Such analysis shall use the same accounts and funds as were used in the budget adopted by the board of county commissioners for the applicable fiscal year and shall be so organized as to relate directly to such budget.
[Receipts
County State Total
Taxes, general property............................................... $ $ $
Taxes, personal property.............................................
Taxes, proceeds of mines............................................
Delinquent tax penalties..............................................
Poll Tax (assessor)........................................................
District court fines........................................................
Justices court fines.....................................................
Escheated estates.........................................................
Fees, recorder................................................................
Fees, clerk......................................................................
Fees, sheriff...................................................................
Fees, treasurer...............................................................
Fees, justices court.....................................................
Fees, constables...........................................................
Licenses.........................................................................
Interest on county deposits........................................
State school moneys....................................................
κ1957 Statutes of Nevada, Page 237 (CHAPTER 166, AB 175)κ
County State Total
State nomination fees................................................... $ $ $
Forest reserve receipts.................................................
Miscellaneous...............................................................
Bond sales.....................................................................
Loans..............................................................................
_______ _______ ______
Total receipts................................................................. $ $ $
______ ______ ______
Expenditures
Offices, departments and accounts:
County commissioners.............................................................................. $
Clerk.............................................................................................................
Treasurer.....................................................................................................
Recorder and auditor.................................................................................
Assessor.....................................................................................................
Sheriff...........................................................................................................
District Attorney........................................................................................
District court...............................................................................................
Justices courts..........................................................................................
Constables..................................................................................................
Grand juries.................................................................................................
Trial juries................................................................................................................
Courthouse maintenance.......................................................................................
Courthouse furniture and equipment..................................................................
County jails..............................................................................................................
Books and records..................................................................................................
Telephone and telegraph.......................................................................................
Publishing and advertising...................................................................................
Elections...................................................................................................................
Insurance.................................................................................................................
Miscellaneous.........................................................................................................
County hospital maintenance...............................................................................
County hospital furniture and equipment...........................................................
Dependent mothers................................................................................................
Dependent children................................................................................................
Indigent allowances...............................................................................................
Probation department.............................................................................................
Health department..................................................................................................
________
Total expenditures from general fund.................................................................. $
Roads and bridges.............................................................................. $
Road and bridge equipment..............................................................
________
Total expenditures from road fund....................................................................... $
County-state highway fund, total expenditures................................................ $
County bonds redeemed................................................................... $
Interest paid.........................................................................................
________
Total expenditures from redemption fund........................................................... $
κ1957 Statutes of Nevada, Page 238 (CHAPTER 166, AB 175)κ
State Total
Special fund expenditures..................................................................................... $
County school district fund expenditures...................................... $
Joint school district fund expenditures...........................................
________
Total educational fund expenditures................................................................... $
State settlements..................................................................................................... $
________
Total expenditures.................................................................................................. $]
3. This section shall be considered mandatory, and any county auditor failing to comply with the provisions of this section shall be punished as provided in NRS 354.310.
________
Assembly Bill No. 176Committee on Judiciary
CHAPTER 167
AN ACT to amend NRS section 354.120 relating to apportionment of county moneys, and to repeal NRS section 354.130 relating to payments from county contingent funds.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.120 is hereby amended to read as follows:
354.120 1. The boards of county commissioners of the several counties shall apportion all the moneys coming into the county treasury, or so much thereof as is not by law set aside into special funds, [as follows:] in accordance with the regularly adopted budget of the county.
[(a) Two-thirds shall go into the county general fund.
[(b) One-sixth, or so much thereof as may be necessary, shall go into the indigent sick fund.
[(c) One-sixth, or so much thereof as may be necessary, shall go into the contingent fund to defray the contingent expenses of the county.]
2. The apportionment shall be made by an order entered upon the records of the board at the time the tax levy is made each year.
3. Each county treasurer shall apportion and pay into the funds, as directed by the board of county commissioners, all moneys coming into his hands.
4. Nothing in this section shall be so construed as to authorize the board of county commissioners to disturb or to interfere in any manner with any special fund which has been or which may be hereafter created by law.
Sec. 2. NRS 354.130 is hereby repealed.
________
κ1957 Statutes of Nevada, Page 239κ
Assembly Bill No. 130Mr. Humphrey
CHAPTER 168
AN ACT to amend NRS section 450.240 relating to the levy of a tax for the maintenance and operation of county public hospitals and other institutions operated by boards of hospital trustees.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 450.240 is hereby amended to read as follows:
450.240 1. In all counties where a tax for the establishment and maintenance of a public hospital has been authorized, or is hereafter authorized, by a majority of the voters voting for a bond issue in accordance with law, the supervision, management, government and control of the county hospital, county isolation hospital, county home for the indigent sick, county workhouse for indigents, and the county poor farm shall vest in and be exercised by the board of hospital trustees for the county public hospital, and the institution or institutions shall thereafter be operated by the board of hospital trustees.
2. Annually, upon the request of the board of hospital trustees, the board of county commissioners may levy [such tax or taxes, in addition to the tax for the county public hospital, as the board of county commissioners may deem necessary for the maintenance and operation of the institution or institutions named in subsection 1; but in any county in which there were cast for Representative in Congress at the last preceding general election more than 12,000 votes, the additional tax levy shall not exceed 1.5 mills on the dollar.] a tax for the maintenance and operation of the county public hospital or other institutions named in subsection 1.
3. The resolution adopted by the board of county commissioners imposing a tax levy for a county public hospital shall state:
(a) The portion of the levy which is necessary to retire hospital bonds and to pay interest thereon;
(b) The portion of the levy which is necessary to pay for the care of indigent patients; and
(c) The portion of the levy which is necessary to pay for the cost of new equipment, replacement of old equipment and other improvements to the hospital not covered by specific bond issues and not included in the cost of care of indigent patients as provided in paragraph (b). The cost shall be prorated to the county in accordance with the number of patient days of care of county patients.
4. The board of county commissioners may not levy a tax for the care of indigents in the county public hospital as a hospital expense unless the levy and its justification are included in the hospital fund budget as submitted to the Nevada tax commission as provided by law.
________
κ1957 Statutes of Nevada, Page 240κ
Assembly Bill No. 142Messrs. Revert and David
CHAPTER 169
AN ACT to amend NRS section 292.160 relating to deputy registrars, their appointment, powers, compensation, and justices of the peace as deputy registrars.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 292.160 is hereby amended to read as follows:
292.160 1. The county clerk may appoint deputy registrars who shall be resident electors within the county for which they are appointed. Deputy registrars so appointed may be authorized to work in specific precincts or in the county at large.
2. A deputy registrar shall:
(a) Register all electors applying for registration, and for this purpose shall have authority to demand of the elector all information required by this chapter.
(b) Have the power to administer all oaths required by this chapter.
(c) Receive as compensation for all services the sum of not more than 10 cents for each elector registered, which sum shall be paid by the county after being approved by the county clerk.
3. All justices of the peace, except those located in the county seats, shall be deputy registrars for the purpose of carrying out the provisions of this chapter [.] , and in any case where the salary of any such justice of the peace is set by the county commissioners, pursuant to NRS 4.040, at less than $1,000 a year, and such justice of the peace is not permitted to retain his fees, he shall receive from the county as deputy registrar, in addition to the 10 cents for each registration as provided in paragraph (c) of subsection 2 of this section, an annual salary of $20.
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Assembly Bill No. 144Messrs. Revert and David
CHAPTER 170
AN ACT to amend NRS section 1.130 relating to nonjudicial days and the transaction of judicial business thereon.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 1.130 is hereby amended to read as follows:
1.130 1. No court shall be open nor shall any judicial business be transacted on [:]
[January 1 (New Years Day);
[February 12 (Lincolns Birthday);
[February 22 (Washingtons Birthday);
[May 30 (Memorial Day);
[July 4 (Independence Day);
κ1957 Statutes of Nevada, Page 241 (CHAPTER 170, AB 144)κ
[1st Monday in September (Labor Day);
[October 12 (Columbus Day);
[October 31 (Nevada Day);
[November 11 (Veterans Day);
[Thanksgiving Day;
[December 25 (Christmas Day);
[Sunday;
[A day on which the primary election is held throughout the state;
[A day on which the general election is held; or
[Any day that may be appointed by the President of the United States or by the governor for public fast, thanksgiving or holiday,] Sunday, or on any day declared to be a holiday according to the provisions of NRS 236.010, except for the following purposes:
(a) To give, upon request, instructions to a jury then deliberating on their verdict.
(b) To receive a verdict or discharge a jury.
(c) For the exercise of the power of a magistrate in a criminal action or in a proceeding of a criminal nature.
(d) For the issue of a writ of attachment, which may be issued on each and all of the days above enumerated upon the plaintiff, or some person in his behalf, setting forth in the affidavit required by law for obtaining the writ the additional averment as follows: That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by the writ to wait until subsequent day for the issuance of the same. All proceedings instituted, and all writs issued, and all official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of the writ.
2. If [January 1, February 12, February 22, May 30, July 4, October 12, October 31, November 11, or December 25 fall upon a Sunday,] any of the holidays specified in NRS 236.010 falls upon a Sunday, all judicial business, except for the purposes above noted, shall be suspended on the following Monday.
3. Nothing herein contained shall affect private transactions of any nature whatsoever.
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Assembly Bill No. 127Mr. Von Tobel
CHAPTER 171
AN ACT to amend chapter 213 of NRS relating to pardons and paroles, the remissions of fines and commutations of punishments by creating a new provision relating to the definition of state as applied to the Uniform Act for Out-of-State Parolee Supervision; and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 213 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1957 Statutes of Nevada, Page 242 (CHAPTER 171, AB 127)κ
1. It is hereby declared that the term state as used in NRS 213.180 to 213.210, inclusive, means any one of the several states and Alaska, Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands and the District of Columbia.
2. It is hereby recognized and further declared that pursuant to the consent and authorization contained in Section 111(b) of Title 4 of the United States Code, as added by Public Law 970, 84th Congress, c. 941-2d Session, this state shall be a party to the Interstate Compact for the Supervision of Parolees and Probationers with any additional jurisdiction legally joining therein when such jurisdiction shall have enacted the compact in accordance with the terms thereof.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 128Mr. Von Tobel
CHAPTER 172
AN ACT to amend Title 16 of NRS relating to crimes, punishments and correctional institutions by creating a new chapter relating to entry by the State of Nevada into the Interstate Compact on Juveniles; providing the purposes of such compact and for its administration; defining certain words and terms; providing that existing rights and remedies in the various party states shall not be affected by the compact; providing for the return to their home states of runaway juveniles who have not been adjudged delinquent; providing for the return of juvenile absconders and escapees to the state from which they absconded or escaped; providing for cooperative out-of-state supervision of juvenile probationers and parolees; authorizing supplementary agreements between party states for the cooperative care, treatment, rehabilitation and institutionalization of delinquent juveniles; providing policies on detention practices concerning juveniles; and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 16 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. The governor is hereby authorized and directed to execute a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows:
Interstate Compact on Juveniles
The contracting states solemnly agree:
Article I-Findings and Purposes
That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others. The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of non-delinquent juveniles who have run away from home; and (4) additional measures for the protection of juveniles and of the public, which any two or more of the party states may find desirable to undertake cooperatively.
κ1957 Statutes of Nevada, Page 243 (CHAPTER 172, AB 128)κ
delinquent juveniles on probation or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of non-delinquent juveniles who have run away from home; and (4) additional measures for the protection of juveniles and of the public, which any two or more of the party states may find desirable to undertake cooperatively. In carrying out the provisions of this compact the party states shall be guided by the non-criminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes.
Article II-Existing Rights and Remedies
That all remedies and procedures provided by this compact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in derogation of parental rights and responsibilities.
Article III-Definitions
That, for the purposes of this compact, delinquent juvenile means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of such court; probation or parole means any kind of conditional release of juveniles authorized under the laws of the states party hereto; court means any court having jurisdiction over delinquent, neglected or dependent children; state means any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and residence or any variant thereof means a place at which a home or regular place of abode is maintained.
Article IV-Return of Runaways
(a) That the parent, guardian, person or agency entitled to legal custody of a juvenile who has not been adjudged delinquent but who has run away without the consent of such parent, guardian, person or agency may petition the appropriate court in the demanding state for the issuance of a requisition for his return. The petition shall state the name and age of the juvenile, the name of the petitioner and the basis of entitlement to the juveniles custody, the circumstances of his running away, his location if known at the time application is made, and such other facts as may tend to show that the juvenile who has run away is endangering his own welfare or the welfare of others and is not an emancipated minor. The petition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the document or documents on which the petitioners entitlement to the juveniles custody is based, such as birth certificates, letters of guardianship, or custody decrees.
κ1957 Statutes of Nevada, Page 244 (CHAPTER 172, AB 128)κ
letters of guardianship, or custody decrees. Such further affidavits and other documents as may be deemed proper may be submitted with such petition. The judge of the court to which this application is made may hold a hearing thereon to determine whether for the purposes of this compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not he is an emancipated minor, and whether or not it is in the best interest of the juvenile to compel his return to the state. If the judge determines, either with or without a hearing, that the juvenile should be returned, he shall present to the appropriate court or to the executive authority of the state where the juvenile is alleged to be located a written requisition for the return of such juvenile. Such requisition shall set forth the name and age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian, person or agency entitled to his legal custody, and that it is in the best interest and for the protection of such juvenile that he be returned. In the event that a proceeding for the adjudication of the juvenile as a delinquent, neglected or dependent juvenile is pending in the court at the time when such juvenile runs away, the court may issue a requisition for the return of such juvenile upon its own motion, regardless of the consent of the parent, guardian, person or agency entitled to legal custody, reciting therein the nature and circumstances of the pending proceeding. The requisition shall in every case be executed in duplicate and shall be signed by the judge. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of such court. Upon the receipt of a requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No juvenile detained upon such order shall be delivered over to the officer whom the court demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of a court in the state, who shall inform him of the demand made for his return, and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such juvenile over to the officer whom the court demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.
Upon reasonable information that a person is a juvenile who has run away from another state party to this compact without the consent of a parent, guardian, person or agency entitled to his legal custody, such juvenile may be taken into custody without a requisition and brought forthwith before a judge of the appropriate court who may appoint counsel or guardian ad litem for such juvenile and who shall determine after a hearing whether sufficient cause exists to hold the person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding 90 days as will enable his return to another state party to this compact pursuant to a requisition for his return from a court of that state.
κ1957 Statutes of Nevada, Page 245 (CHAPTER 172, AB 128)κ
the person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding 90 days as will enable his return to another state party to this compact pursuant to a requisition for his return from a court of that state. If, at the time when a state seeks the return of a juvenile who has run away, there is pending in the state wherein he is found any criminal charge, or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he ran away, the juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.
(b) That the state to which a juvenile is returned under this Article shall be responsible for payment of the transportation costs of such return.
(c) That juvenile as used in this Article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor.
Article V-Return of Escapees and Absconders
(a) That the appropriate person or authority from whose probation or parole supervision a delinquent juvenile has absconded or from whose institutional custody he has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of such delinquent juvenile. Such requisition shall state the name and age of the delinquent juvenile, the particulars of his adjudication as a delinquent juvenile, the circumstances of the breach of the terms of his probation or parole or of his escape from an institution or agency vested with his legal custody or supervision, and the location of such delinquent juvenile, if known, at the time the requisition is made. The requisition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the judgment, formal adjudication, or order of commitment which subjects such delinquent juvenile to probation or parole or to the legal custody of the institution or agency concerned. Such further affidavits and other documents as may be deemed proper may be submitted with such requisition. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the appropriate court. Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such delinquent juvenile.
κ1957 Statutes of Nevada, Page 246 (CHAPTER 172, AB 128)κ
shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such delinquent juvenile. Such detention order must substantially recite the fact necessary to the validity of its issuance hereunder. No delinquent juvenile detained upon such order shall be delivered over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of an appropriate court in the state, who shall inform him of the demand made for his return and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such delinquent juvenile over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.
Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, such person may be taken into custody in any other state party to this compact without a requisition. But in such event, he must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for such person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for such a time, not exceeding 90 days, as will enable his detention under a detention order issued on a requisition pursuant to this Article. If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation or parole or escaped from an institution or agency vested with his legal custody or supervision, there is pending in the state wherein he is detained any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form or proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the delinquent juvenile being returned, shall be permitted to transport such delinquent juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.
(b) That the state to which a delinquent juvenile is returned under this Article shall be responsible for payment of the transportation costs of such return.
Article VI-Voluntary Return Procedure
That any delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, and any juvenile who has run away from any state party to this compact, who is taken into custody without a requisition in another state party to this compact under the provisions of Article IV(a) or of Article V(a), may consent to his immediate return to the state from which he absconded, escaped or ran away.
κ1957 Statutes of Nevada, Page 247 (CHAPTER 172, AB 128)κ
juvenile who has run away from any state party to this compact, who is taken into custody without a requisition in another state party to this compact under the provisions of Article IV(a) or of Article V(a), may consent to his immediate return to the state from which he absconded, escaped or ran away. Such consent shall be given by the juvenile or delinquent juvenile and his counsel or guardian ad litem if any, by executing or subscribing a writing, in the presence of a judge of the appropriate court, which states that the juvenile or delinquent juvenile and his counsel or guardian ad litem, if any, consent to his return to the demanding state. Before such consent shall be executed or subscribed, however, the judge, in the presence of counsel or guardian ad litem, if any, shall inform the juvenile or delinquent juvenile of his rights under this compact. When the consent has been duly executed, it shall be forwarded to and filed with the compact administrator of the state in which the court is located and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver him to the duly accredited officer or officers of the state demanding his return, and shall cause to be delivered to such officer or officers a copy of the consent. The court may, however, upon the request of the state to which the juvenile or delinquent juvenile is being returned, order him to return unaccompanied to such state and shall provide him with a copy of such court order; in such event a copy of the consent shall be forwarded to the compact administrator of the state to which said juvenile or delinquent juvenile is ordered to return.
Article VII-Cooperative Supervision of Probationers and Parolees
(a) That the duly constituted judicial and administrative authorities of a state party to this compact (herein called sending state) may permit any delinquent juvenile within such state, placed on probation or parole, to reside in any other state party to this compact (herein called receiving state) while on probation or parole, and the receiving state shall accept such delinquent juvenile, if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes to reside within the receiving state. Before granting such permission, opportunity shall be given to the receiving state to make such investigations as it deems necessary. The authorities of the sending state shall send to the authorities of the receiving state copies of pertinent court orders, social case studies and all other available information which may be of value to and assist the receiving state in supervising a probationer or parolee under this compact. A receiving state, in its discretion, may agree to accept supervision of a probationer or parolee in cases where the parent, guardian or person entitled to the legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted the sending state may transfer supervision accordingly.
(b) That each receiving state will assume the duties of visitation and of supervision over any such delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation or parole.
(c) That, after consultation between the appropriate authorities of the sending state and of the receiving state as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation or parole.
κ1957 Statutes of Nevada, Page 248 (CHAPTER 172, AB 128)κ
of the sending state and of the receiving state as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation or parole. For that purpose, no formalities will be required, other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned. The decision of the sending state to retake a delinquent juvenile on probation or parole shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to retake a delinquent juvenile on probation or parole, there is pending against him within the receiving state any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for any act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through any and all states party to this compact, without interference.
(d) That the sending state shall be responsible under this Article for paying the costs of transporting any delinquent juvenile to the receiving state or of returning any delinquent juvenile to the sending state.
Article VIII-Responsibility for Costs
(a) That the provisions of Articles IV(b), V(b) and VII(d) of this compact shall not be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
(b) That nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to Articles IV(b), V(b) or VII(d) of this compact.
Article IX-Detention Practices
That, to every extent possible, it shall be the policy of states party to this compact that no juvenile or delinquent juvenile shall be placed or detained in any prison, jail or lockup nor be detained or transported in association with criminal, vicious or dissolute persons.
Article X-Supplementary Agreements
That the duly constituted administrative authorities of a state party to this compact may enter into supplementary agreements with any other state or states party hereto for the cooperative care, treatment and rehabilitation of delinquent juveniles whenever they shall find that such agreements will improve the facilities or programs available for such care, treatment and rehabilitation. Such care, treatment and rehabilitation may be provided in an institution located within any state entering into such supplementary agreement.
κ1957 Statutes of Nevada, Page 249 (CHAPTER 172, AB 128)κ
rehabilitation may be provided in an institution located within any state entering into such supplementary agreement. Such supplementary agreements shall (1) provide the rates to be paid for the care, treatment and custody of such delinquent juveniles, taking into consideration the character of facilities, services and subsistence furnished; (2) provide that the delinquent juvenile shall be given a court hearing prior to his being sent to another state for care, treatment and custody; (3) provide that the state receiving such a delinquent juvenile in one of its institutions shall act solely as agent for the state sending such delinquent juvenile; (4) provide that the sending state shall at all times retain jurisdiction over delinquent juveniles sent to an institution in another state; (5) provide for reasonable inspection of such institutions by the sending state; (6) provide that the consent of the parent, guardian, person or agency entitled to the legal custody of said delinquent juvenile shall be secured prior to his being sent to another state; and (7) make provision for such other matters and details as shall be necessary to protect the rights and equities of such delinquent juveniles and of the cooperating states.
Article XI-Acceptance of Federal and Other Aid
That any state party to this compact may accept any and all donations, gifts and grants of money, equipment and services from the federal or any local government, or any agency thereof and from any person, firm or corporation, for any of the purposes and functions of this compact, and may receive and utilize the same subject to the terms, conditions and regulations governing such donations, gifts and grants.
Article XII-Compact Administrators
That the governor of each state party to this compact shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.
Article XIII-Execution of Compact
That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.
Article XIV-Renunciation
That this compact shall continue in force and remain binding upon each executing state until renounced by it. Renunciation of this compact shall be by the same authority which executed it, by sending six months notice in writing of its intention to withdraw from the compact to the other states party hereto. The duties and obligations of a renouncing state under Article VII hereof shall continue as to parolees and probationers residing therein at the time of withdrawal until retaken or finally discharged. Supplementary agreements entered into under Article X hereof shall be subject to renunciation as provided by such supplementary agreements, and shall not be subject to the six months renunciation notice of the present Article.
κ1957 Statutes of Nevada, Page 250 (CHAPTER 172, AB 128)κ
such supplementary agreements, and shall not be subject to the six months renunciation notice of the present Article.
Article XV-Severability
That the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Sec. 3. Pursuant to such compact, the governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with similar officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact. Such compact administrator shall serve subject to the pleasure of the governor. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state under such compact.
Sec. 4. The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, such supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction such institution or facility is operated or whose department or agency will be charged with the rendering of such service.
Sec. 5. Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund and shall be paid out on claims as other claims against the state are paid. All such claims shall be approved by the compact administrator.
Sec. 6. 1. Any judge of this state who appoints counsel or guardian ad litem pursuant to the provisions of the compact, may, in his discretion, fix a fee not exceeding $500.
2. Such fees shall be paid out on claims as other claims against the state are paid upon approval of the compact administrator and presentation of the certificate of the judge that such person has performed the services required of him.
Sec. 7. The courts, departments, agencies and officers of this state and its subdivision shall enforce and effectuate the purposes and intent of the compact.
________
κ1957 Statutes of Nevada, Page 251κ
Assembly Bill No. 129Mr. Duncan
CHAPTER 173
AN ACT to amend NRS section 518.280 relating to mine safety and health by regulating solitary employment in underground mines.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 518.280 is hereby amended to read as follows:
518.280 [No man shall be allowed to work in a stope at such a distance from another man that his cries, in case of need, cannot be heard.] Unless impracticable, no man shall be allowed to work underground alone at such a distance from another person that his cries, in case of need, cannot be heard. If it is necessary for a man to work alone in any underground mine, out of hearing distance of others, the owner or operator of the mine shall designate someone to contact the working place at least once each hour; but whenever possible at least two men shall work together.
________
Assembly Bill No. 115Committee on Judiciary
CHAPTER 174
AN ACT to amend chapter 449 of NRS relating to hospitals, nursing and maternity homes by creating new provisions relating to release of children from hospitals, nursing and maternity homes, and providing penalties.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No hospital licensed under the provisions of this chapter shall release from such hospital or otherwise surrender physical custody of any child under 6 months of age, whose living parent or guardian is known to such hospital, to any person other than a parent, guardian or relative by blood or marriage of such child, without a written authorization signed by such living parent or guardian specifying the particular person or agency to whom such child may be released.
2. Upon the release or other surrender of physical custody of any minor child, the hospital shall require from the person to whom the child is released such reasonable proof of identity as the hospital may deem necessary for compliance with the provisions of this section.
3. A violation of any provision of this section is a misdemeanor.
________
κ1957 Statutes of Nevada, Page 252κ
Assembly Bill No. 90Mr. Humphrey
CHAPTER 175
AN ACT to amend chapter 616 of NRS relating to industrial insurance accident benefits for employees and workmen by creating new provisions relating to industrial insurance for volunteer peace officers of counties, cities and towns.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Volunteer officers attached to a regularly organized and recognized police department or sheriffs unit, while engaged in their duties as such in any voluntary community service and while acting under the direction of a sheriff or chief of police, or their deputies or assistants, of any county, city or town in the protection of life or property shall be deemed, for the purpose of this chapter, employees of the city, town or county so recognizing them, at the wage of $250 per month, and shall be entitled to the benefits of this chapter upon such county, city or town complying therewith.
________
Assembly Bill No. 41Committee on Labor
CHAPTER 176
AN ACT to amend NRS section 607.060 relating to clerical and statistical assistance of the labor commission.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 607.060 is hereby amended to read as follows:
607.060 The labor commissioner may employ stenographic [or] and clerical help [not to exceed $3,600 per annum, and statistical assistance not to exceed $450 per annum.] and statistical assistance. Compensation of such employees shall be fixed in accordance with the provisions of chapter 284 of NRS.
________
κ1957 Statutes of Nevada, Page 253κ
Assembly Bill No. 209Mr. Humphrey
CHAPTER 177
AN ACT to amend NRS section 539.735 relating to petitions or directors action for exclusion of lands from irrigation districts.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 539.735 is hereby amended to read as follows:
539.735 The board of directors of any district now or hereafter formed under the provisions of this chapter, either upon its own initiative or upon the application in writing of any holder of title or of evidence of title to land in the district, may, by a majority vote, exclude from the district any land or lands theretofore included in the district, and change the boundary lines of the district so as to exclude or leave out certain tracts or portions of tracts when the proposed system or systems of irrigation cannot practically include such land or lands, or when such land or lands would not be benefited by remaining in the district or by any future improvement it might make, or when the land sought to be excluded has been, or is about to be, incorporated into or made a part of any city or town, or when the land sought is adjacent and contiguous to any city or town and it is proposed to develop such land as building sites and areas; but if improvements have been commenced, or made, or authorized, or if there are bonds or other contracts or certificates of indebtedness outstanding, no land shall be excluded and no established liens shall be released unless all of the holders of bonds or contracts or certificates of indebtedness constituting liens against the land sought to be excluded, and the owner of such land if he has not petitioned for exclusion thereof, shall consent in writing to the exclusion and unless all bonded indebtedness of the district chargeable to the land sought to be excluded is paid, or except as provided in NRS 539.737 to 539.747, inclusive.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 73Clark County Delegation
CHAPTER 178
AN ACT to amend chapter 226 of NRS relating to incorporation of cities and towns by creating a new provision making such chapter inapplicable to cities incorporated in the State of Nevada by special act of the legislature.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 266 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The provisions of this chapter shall not be applicable to incorporated cities in the State of Nevada organized and existing under the provisions of any special legislative act or special charter enacted or granted pursuant to the provisions of section 1 of article VIII of the constitution of the State of Nevada.
κ1957 Statutes of Nevada, Page 254 (CHAPTER 178, AB 73)κ
cities in the State of Nevada organized and existing under the provisions of any special legislative act or special charter enacted or granted pursuant to the provisions of section 1 of article VIII of the constitution of the State of Nevada.
________
Assembly Bill No. 55Mr. Ryan
CHAPTER 179
AN ACT to amend NRS section 616.055 relating to the definition of employee and workman as contained in the Nevada Industrial Insurance Act.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.055 is hereby amended to read as follows:
616.055 Employee and workmen are used interchangeably in this chapter and shall be construed to mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively:
1. Aliens and minors.
2. All elected and appointed paid public officers.
3. All officers and members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.
4. A working member of a partnership receiving wages, irrespective of profits from such partnership.
5. Lessees engaged in either mining or operating [a] reduction [plant;] plants; provided [,] :
(a) [that] That such lessees shall be deemed employees of the lessor and for the purposes of this chapter shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality [.] ; and
(b) That the lessor shall be relieved from providing and securing compensation under the terms of this chapter if the lessee had covered itself and its employees under the terms, conditions and provisions of this chapter.
________
Senate Bill No. 161Senator Lemaire
CHAPTER 180
AN ACT to amend NRS section 19.190 relating to the fees of the county clerk of Lander County, Nevada.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 19.190 is hereby amended to read as follows:
19.190 [The county clerk of Lander County shall be entitled to fees as follows, when the total votes polled at the last general election were 800 or less, or when the total votes polled at the last general election exceeded 800 votes:
κ1957 Statutes of Nevada, Page 255 (CHAPTER 180, SB 161)κ
fees as follows, when the total votes polled at the last general election were 800 or less, or when the total votes polled at the last general election exceeded 800 votes:
800 Votes Over 800
or Less Votes
Polled Polled
For entering each suit on the clerks register of actions, and making the necessary entry therein during trial........................... $1.00 $0.75
For filing each paper.................................................................. .25 .15
For issuing summons................................................................ 1.00 .75
For entering every appearance................................................ .75 .50
For entering return of every writ or process.......................... .75 .50
For issuing subpena:
For each witness........................................................... .50...................................................................................
For first witness............................................................. ................................................................................... .50
For each additional witness......................................... ................................................................................... .10
For entering each cause on the calendar and making a copy thereof 1.00.................................................................................. .75
For entering every motion, exception, rule, order or default................. .50.................................................................................... .30
For entering every discontinuance, dismissal or nonsuit.... .50 .30
For calling and swearing every jury........................................ 1.00 .50
For administering every oath or affirmation........................... .25 .15
For receiving and entering each verdict of a jury................. .75 .50
For entering every final judgment:
For the first folio............................................................ 1.00................................................................................... .75
For each subsequent folio........................................... .30................................................................................... .20
For filing judgment roll.............................................................. .50 .30
For docketing judgment, against each judgment debtor..... .50 .30
For issuing execution................................................................ 1.00 .75
For entering satisfaction of judgment, for each debtor........ .50 .30
For entering every notice of appeal........................................ .50 .30
For copying any proceeding, record or paper, for each folio .30.................................................................................... .20
For receiving and entering every remittitur from the supreme court, and accompanying papers................................................. .50 .30
For every certificate................................................................... 1.00 .50
For issuing every commission to take testimony.................. 1.00 .75
For issuing every process under seal, other than subpenas 1.00.................................................................................. .75
For every certificate under seal................................................ 1.00 .50
For issuing letters testamentary, or letters of administration 1.00.................................................................................. .75
For writing and posting notices when required, for each copy .50.................................................................................... .30
κ1957 Statutes of Nevada, Page 256 (CHAPTER 180, SB 161)κ
800 Votes Over 800
or Less Votes
Polled Polled
For recording all instruments, for each folio.......................... $0.30 $0.20
For searching the files of each year in his office (but not to charge suitors or attorneys)........................................................... .50 .30
For taking each bond and justification thereof required by law 1.00.................................................................................. .50
For taking justification to bond, for each name..................... .50 .30
For taking acknowledgments of deeds or other instruments, including certificate and seal:
For the first name.......................................................... 1.00................................................................................... .75
For each subsequent name.......................................... .25................................................................................... .25
For issuing every decree or order of sale of mortgaged property, or writ of injunction:
For the first folio............................................................ 1.00................................................................................... .75
For each subsequent folio........................................... .30................................................................................... .20
For entering each suit in the plaintiffs and defendants index 1.00.................................................................................. .25
For registering each paper when required by law................. .50 .........................................................................................
For making out naturalization papers, including all necessary oaths, affirmations and certificates:
For the first papers........................................................ 5.00................................................................................... 2.50
For the final papers....................................................... 10.00................................................................................... 5.00
For each days attendance on the board of county commissioners 5.00.................................................................................. 4.00
provided the sum shall in no case exceed per annum in the aggregate.............................................................................. 100.00 100.00]
1. The county clerk of Lander County shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law ........................................................................................................... $17.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................................................ 10.00
For every additional defendant, appearing separately................ 5.00
On the filing of any paper in intervention.................................................... 10.00
On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:
Where the stated value of the estate is more than $400 and less than $3,000........................................................................................................... 15.00Where the stated value of the estate is in excess of $3,000..................................................................... $25.00
κ1957 Statutes of Nevada, Page 257 (CHAPTER 180, SB 161)κ
Where the stated value of the estate is in excess of $3,000........... $25.00
Where the stated value of the estate is less than $400, no fee shall be collected.
On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil...................................................................................... 5.00
On filing a petition to contest any will or codicil, to be paid by the petitioner ............................................................................................................. 15.00
On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion................................. 5.00
For issuing an execution or order of sale in any action............................ 1.00
For filing a notice of appeal and appeal bonds, each............................... 1.00
For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage......................................................................................................... 2.50
For any copy of any record, proceeding or paper on file in the office of the clerk:
When the copy is typed by him, per folio.......................................... .20
When the copy is photostated, for the first page............................. .50
For each additional page photostated............................................ .50
For each certificate of the clerk, under the seal of the court.................... .75
For filing remittitur from the supreme court................................................ 1.00
For recording judgment entered thereon, per folio....................... .20
For issuing transcript of judgment and certifying thereto........................ 1.00
For filing and docketing abstract of judgment of a justices court.......... 1.00
For issuing execution thereon........................................................... 1.00
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk.. 1.00
For comparing such copy with the original, per folio.................. .05
For filing and indexing articles of incorporation...................................... 1.00
For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement............................................... 1.00
For filing and recording a bond of a notary public................................... 2.50
For administering each oath, without a certificate, except in a pending action or proceeding................................................................................................... .50For taking any affidavit, except in criminal cases.................. $0.50
κ1957 Statutes of Nevada, Page 258 (CHAPTER 180, SB 161)κ
For taking any affidavit, except in criminal cases...................................... $0.50
For searching records or files in the office of the clerk, for each year.... .50
For taking acknowledgments......................................................................... 1.00
For registering and indexing a certificate of fictitious name or designation, notwithstanding the provisions of NRS 602.050.................................. .50
For each name, where the certificate contains in excess of four names ..................................................................................................... .25
2. All fees prescribed in this section shall be payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Lander County, or any city or town within Lander County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 158Senator Leutzinger
CHAPTER 181
AN ACT to amend NRS section 19.170 relating to the fees of the county clerk of Eureka County, Nevada.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 19.170 is hereby amended to read as follows:
19.170 [The county clerk of Eureka County shall be entitled to fees as follows:
For entering each suit on the clerks register of actions, and making the necessary entry therein during trial......................................................................... $0.75
For filing each paper...................................................................................... .15
For issuing summons.................................................................................... .75
For entering every appearance.................................................................... .50
For entering return of every writ or process.............................................. .50
For issuing subpena:
For first witness....................................................................................... .50
For each additional witness................................................................... .10For entering each case on the calendar and making a copy thereof.................................................................................. $0.75
κ1957 Statutes of Nevada, Page 259 (CHAPTER 181, SB 158)κ
For entering each case on the calendar and making a copy thereof...... $0.75
For entering every exception, motion, rule, order or default................... .30
For entering every discontinuance, dismissal or nonsuit........................ .30
For calling and swearing every jury............................................................ .50
For administering every oath or affirmation............................................... .15
For receiving and entering each verdict of a jury..................................... .50
For entering every final judgment:
For the first folio...................................................................................... .75
For each subsequent folio..................................................................... .20
For filing judgment roll.................................................................................. .30
For docketing judgment against each judgment debtor.......................... .30
For issuing execution.................................................................................... .75
For entering satisfaction of judgment, for each debtor............................ .30
For entering every notice of appeal............................................................ .30
For copying any proceeding, record or paper, for each folio.................. .20
For receiving and entering every remittitur from the supreme court and accompanying papers............................................................................. .30
For every certificate....................................................................................... .50
For issuing every commission to take testimony...................................... .75
For issuing every process under seal, other than subpenas.................. .75
For every certificate under seal.................................................................... .50
For issuing letters testamentary.................................................................. .75
For writing and posting notices when required, for each copy.............. .30
For recording all instruments, for each folio.............................................. .20
For searching the files of each year in his office (but not to charge suitors or attorneys)................................................................................................. .30
For taking each bond and justification thereof required by law............. .50
For taking justification to bond, for each name......................................... .30
For taking acknowledgments of deeds or other instruments, including certificate and seal:
For the first name.............................................................................. .75
For each subsequent name.............................................................. .25
For issuing every decree or order of sale of mortgaged property or writ of injunction:
For the first folio................................................................................ .75
For each subsequent folio............................................................... .20
For entering each suit in the plaintiffs and defendants index.............. .25
For registering each paper when required by law..................................... .30
For making out naturalization papers, including all necessary oaths, affirmations and certificates:
For the first papers............................................................................ 2.50
For the final papers........................................................................... 5.00]
1. The county clerk of Eureka County shall charge and collect the following fees:
κ1957 Statutes of Nevada, Page 260 (CHAPTER 181, SB 158)κ
On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law ........................................................................................................... $17.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................................................ 10.00
For every additional defendant, appearing separately................ 5.00
On the filing of any paper in intervention.................................................... 10.00
On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:
Where the stated value of the estate is more than $400 and less than $3,000........................................................................................................... 15.00
Where the stated value of the estate is in excess of $3,000........... 25.00
Where the stated value of the estate is less than $400, no fee shall be collected.
On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil...................................................................................... 5.00
On filing a petition to contest any will or codicil, to be paid by the petitioner ............................................................................................................. 15.00
On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion................................. 5.00
For issuing an execution or order of sale in any action............................ 1.00
For filing a notice of appeal and appeal bonds, each............................... 1.00
For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage......................................................................................................... 2.50
For any copy of any record, proceeding or paper on file in the office of the clerk:
When the copy is typed by him, per folio.......................................... .20
When the copy is photostated, for the first page............................. .50
For each additional page photostated............................................ .50
For each certificate of the clerk, under the seal of the court.................... .75
For filing remittitur from the supreme court................................................ 1.00
For recording judgment entered thereon, per folio....................... .20
For issuing transcript of judgment and certifying thereto........................ 1.00For filing and docketing abstract of judgment of a justices court ................................................................................. $1.00
κ1957 Statutes of Nevada, Page 261 (CHAPTER 181, SB 158)κ
For filing and docketing abstract of judgment of a justices court.......... $1.00
For issuing execution thereon........................................................... 1.00
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk.. 1.00
For comparing such copy with the original, per folio.................. .05
For filing and indexing articles of incorporation...................................... 1.00
For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement......................................... 1.00
For filing and recording a bond of a notary public................................... 2.50
For administering each oath, without a certificate, except in a pending action or proceeding................................................................................................... .50
For taking any affidavit, except in criminal cases...................................... .50
For searching records or files in the office of the clerk, for each year.... .50
For taking acknowledgments......................................................................... 1.00
For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.
For each name, where the certificate contains in excess of four names ..................................................................................................... .25
2. All fees prescribed in this section shall be payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Eureka County, or any city or town within Eureka County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 262κ
Assembly Bill No. 233Mr. Evans
CHAPTER 182
AN ACT to amend NRS section 444.210 relating to the unlawful disposal of garbage and refuse by providing enforcement provisions.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 444.210 is hereby amended to read as follows:
444.210 1. As used in this section, garbage includes any or all of the following: Garbage, swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.
2. Every person who places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway or road in common use or upon any public park or other public property other than property designated or set aside for such purpose by the governing board or body having charge thereof, or upon any private property into or upon which the public is admitted by easement, license or otherwise, is guilty of a misdemeanor.
3. Every state fish and game warden, police officers of incorporated cities and towns, sheriffs and their deputies, and other peace officers of the State of Nevada, within their respective jurisdictions, shall enforce the provisions of this section.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 129Committee on Fish and Game
CHAPTER 183
AN ACT to amend NRS sections 504.300, 504.320, 504.340, 504.350 and 504.370 relating to the establishment of commercial, private shooting preserves, shooting authorizations, invoices for birds taken, rules and regulations of the state board of fish and game commissioners relating to commercial or private shooting preserves, and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 504.300 is hereby amended to read as follows:
504.300 Any person who owns or controls the shooting rights or privileges on an enclosed tract of land of not more than [1,000] 5,000 acres may establish a commercial or private shooting preserve for the propagation, culture and maintenance of upland game fowl.
Sec. 2. NRS 504.320 is hereby amended to read as follows:
504.320 1. Before any shooting may be done on such commercial or private shooting preserve, the licensee must advise the commission, in writing, of the number of each species of upland game bird reared, purchased or acquired for liberation, and request, and receive in writing, a shooting authorization which shall state the number of each species which may be taken by shooting.
κ1957 Statutes of Nevada, Page 263 (CHAPTER 183, SB 129)κ
purchased or acquired for liberation, and request, and receive in writing, a shooting authorization which shall state the number of each species which may be taken by shooting.
2. Birds must be at least 8 weeks of age, full winged, and in a condition to go wild before liberation. [The liberation of such birds shall be witnessed by a representative of the commission.] Prior to release, all birds shall be banded with leg bands, the specifications of which shall be determined by commission regulation. Leg bands shall remain with the birds and not be removed until the birds are utilized by the hunter.
3. The licensee, or with his written permit the holder thereof, may take such upland game fowl from such licensed preserve by shooting only, from September 1 to [January] March 31, inclusive.
4. Permits to hunt on such licensed preserve may be used only on the date of issuance, and the hunter must carry the permit on his person at all times while on the area and while in possession of birds taken on such area.
Sec. 3. NRS 504.340 is hereby amended to read as follows:
504.340 Any private shooting preserve licensed under NRS 504.300 to 504.380, inclusive, shall not be closed to the general public during the regular open season, [and no] but a charge [shall] may be made for hunting on such preserve during the regular open season.
Sec. 4. NRS 504.350 is hereby amended to read as follows:
504.350 1. No game bird taken in accordance with the provisions of NRS 504.300 to 504.380, inclusive, shall be removed from the licensed premises until the licensee or his agent shall have attached thereto an invoice, signed by the licensee or his agent, stating:
(a) The number of his license.
(b) The name of the shooting preserve.
(c) The date that the birds were killed.
(d) The kind and number of such birds.
(e) The name and address of the hunter killing such birds.
2. The invoice shall authorize transportation and use of the birds.
3. [At the same time,] Within 1 week thereafter, the licensee or his agent shall mail, postpaid, a duplicate of the invoice to the commission.
Sec. 5. NRS 504.370 is hereby amended to read as follows:
504.370 1. The commission is authorized to prescribe rules and regulations for the operation and maintenance of commercial and private shooting preserves so as to provide for the manner of taking, possession and disposal of game birds therefrom, [to fix the daily bag limit on such birds,] the kind and type of records to be kept by the licensee and the manner of enclosing and posting the licensed premises, not inconsistent with the provisions of NRS 504.300 to 504.380, inclusive.
2. No rules and regulations shall be prescribed by the commission fixing the daily bag limit on such birds.
3. [Such] The rules and regulations prescribed under the provisions of subsection 1 shall have the same effect as if enacted by law.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 264κ
Senate Bill No. 91Committee on Agriculture and Irrigation
CHAPTER 184
AN ACT to amend chapter 584 of NRS relating to dairy products and substitutes by creating a new provision relating to fixing of prices of fluid milk and fluid cream under stabilization and marketing plans; to amend NRS sections 584.420, 584.430 and 584.440 relating to composition and meetings of the state dairy commission; to amend NRS section 584.570 relating to unfair trade practices; to amend NRS section 584.690 relating to construction and interpretation of NRS sections 584.325 to 584.685, inclusive.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 584.420 is hereby amended to read as follows:
584.420 1. There is hereby created the state dairy commission of the State of Nevada in which shall be vested the administration of the provisions of NRS 584.325 to 584.690, inclusive.
2. The commission shall consist of [five] nine members appointed by the governor. [, one of whom shall be designated by the governor as chairman.] The members shall select a chairman from among their number.
Sec. 2. NRS 584.430 is hereby amended to read as follows:
584.430 [One member] Two members of the commission shall be [a producer, one member] producers, two members shall be [a distributor, one member] distributors and one member shall be a producer-distributor, [one member shall be an operator of a retail store, and one member shall be a person representative of the consuming public who has no connection with the milk or cream business.] two members shall be operators of retail stores and two members shall be persons representing the consuming public who have no connection with producers, distributors, producer-distributors, or the retail stores.
Sec. 3. NRS 584.440 is hereby amended to read as follows:
584.440 1. The members of the commission shall meet at such times and at such places as shall be specified by the call of the chairman or a majority of the commission; but a meeting of the commission shall be held at least once every 3 months.
2. [Three] Five members of the commission shall constitute a quorum and such quorum may exercise all the power and authority conferred on the commission; but no rules or regulations shall be adopted, amended or rescinded except by a majority vote of the entire membership of the commission.
3. The commission shall prescribe reasonable rules and regulations for its own management and government and for the conduct of public hearings required by NRS 584.325 to 584.690, inclusive, and it shall have only such powers and duties as authorized by law.
Sec. 4. NRS 584.570 is hereby amended to read as follows:
584.570 Each stabilization and marketing plan shall contain provisions for prohibiting distributors and retail stores from engaging in the unfair practices hereinafter set forth:
1. The payment, allowance or acceptance of secret rebates, secret refunds or unearned discounts by any person, whether in the form of money or otherwise.
κ1957 Statutes of Nevada, Page 265 (CHAPTER 184, SB 91)κ
refunds or unearned discounts by any person, whether in the form of money or otherwise.
2. The giving of any milk, cream, dairy products, services or articles of any kind, except to bona fide charities, [schools, hospitals and individual consumers,] for the purpose of securing or retaining the fluid milk or fluid cream business of any customer.
3. The extension to certain customers of special prices or services not made available to all customers who purchase fluid milk or fluid cream of like quantity under like terms and conditions.
4. The purchase of any fluid milk in excess of 200 gallons monthly from any producer or association of producers unless a written contract has been entered into with such producer or association of producers stating the amount of fluid milk to be purchased for any period, the quantity of such milk to be paid for as class 1 in pounds of milk or pounds of milk fat or gallons of milk, and the price to be paid for all milk received. The contract shall also state the date and method of payment for such fluid milk, which shall be that payment shall be made for approximately one-half of the milk delivered in any calendar month not later than the 1st day of the next following month and the remainder not later than the 15th day of the month, the charges for transportation if hauled by the distributor, and may contain such other provisions as are not in conflict with NRS 584.325 to 584.690, inclusive, and shall contain a proviso to the effect that the producer shall not be obligated to deliver in any calendar month fluid milk to be paid for at the minimum price for fluid milk that is used for class 3, as that class is defined in NRS 584.490. A signed copy of such contract shall be filed by the distributor with the commission within 5 days from the date of its execution. The provisions of this subsection relating to dates of payment shall not apply to contracts for the purchase of fluid milk from nonprofit cooperative associations of producers.
Sec. 5. Chapter 584 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Each stabilization and marketing plan may contain provisions fixing the price at which fluid milk and fluid cream may be sold by producers, distributors and retailers and regulating all discounts allowed by producers, distributors and retailers.
Sec. 6. NRS 584.690 is hereby amended to read as follows:
584.690 [1. NRS 584.325 to 584.685, inclusive, shall not be construed to authorize the establishment or fixing of any prices.]
[2.] NRS 584.325 to 584.685, inclusive, shall apply to retail stores in the following particulars only:
[(a)] 1. The examination by the commission of the purchase records of retail stores from distributors.
[(b)] 2. The unfair practices prohibited in NRS 584.570.
3. The provisions of any stabilization and marketing plan which includes retailers as provided in section 5 of this act.
Sec. 7. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 266κ
Senate Bill No. 163Senator Lemaire
CHAPTER 185
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Lander County, Nevada, regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith, approved March 13, 1953, as amended.
[Approved March 25, 1957]
Whereas, The board of county commissioners of Lander County, Nevada, has petitioned the members of the 48th session of the Nevada legislature from Lander County to present a bill before this body to increase the salaries of county officers and deputies; and
Whereas, The board of county commissioners of Lander County desires that a fair, just and equitable amount be paid to the county officers and deputies in order to equalize their pay with that of other county officers of counties of comparable size and wealth in this state; and
Whereas, The equalization of the amount paid in counties with comparable size, population, workload and assessed valuation is a desirable goal, and the legislature of this state is the appropriate body to effectuate uniformity and equality; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, at page 92, as amended by chapter 2, Statutes of Nevada 1956, at page 2, is hereby amended to read as follows:
Section 2. The sheriff of Lander County shall receive an annual salary of [$4,500,] $4,800, which salary shall be compensation in full for all services rendered as sheriff and ex officio license collector. The sheriff shall pay into the county treasury each month all moneys collected by him as license fees, and as fees in both civil and criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to the sheriff for any month unless the statement has been so made and filed with the county clerk; provided, that when it becomes necessary in criminal cases for the sheriff to travel a distance greater than 10 miles from the county seat, he shall be allowed his necessary traveling expenses; and provided further, that when it becomes necessary in civil cases for the sheriff to travel a distance greater than 10 miles from the county seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid. The sheriff is authorized and empowered to employ, and may hereafter appoint, three deputies. The three deputies so appointed shall each receive an annual salary of [$4,200.] $4,500. The sheriff may also appoint such additional number of deputy sheriffs as may be authorized by the board of county commissioners for such time and at such salary as the board may authorize.
κ1957 Statutes of Nevada, Page 267 (CHAPTER 185, SB 163)κ
of deputy sheriffs as may be authorized by the board of county commissioners for such time and at such salary as the board may authorize.
Sec. 2. Section 3 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, at page 93, as amended by chapter 2, Statutes of Nevada 1956, at page 2, is hereby amended to read as follows:
Section 3. The county assessor of Lander County shall receive an annual salary of [$4,500,] $4,800, which salary shall be compensation in full for all services rendered.
Sec. 3. Section 4 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, at page 93, as amended by chapter 2, Statutes of Nevada 1956, at page 2, is hereby amended to read as follows:
Section 4. The county recorder, as such, and as ex officio auditor, shall receive an annual salary of [$4,500,] $4,800, and the fees allowed under the provisions of [that certain act entitled, An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other acts in relation thereto, approved February 27, 1883, as amended, and being chapter 49, Statutes of Nevada 1883.] NRS 247.290 and 247.300. He shall perform all county work required in the office and extend the annual assessment roll without further compensation or charge against the county.
Sec. 4. Section 5 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, at page 93, as amended by chapter 2, Statutes of Nevada 1956, at page 3, is hereby amended to read as follows:
Section 5. The county treasurer shall receive an annual salary of [$4,500,] $4,800, which salary shall be compensation in full for all services rendered.
Sec. 5. Section 6 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, at page 93, as amended by chapter 2, Statutes of Nevada 1956, at page 3, is hereby amended to read as follows:
Section 6. The county clerk shall receive an annual salary of [$4,500,] $4,800, which salary shall be compensation in full for all services rendered.
Sec. 6. Section 7 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, at page 93, as amended by chapter 2, Statutes of Nevada 1956, at page 3, is hereby amended to read as follows:
Section 7. The district attorney, as such, shall receive an annual salary of [$4,500,] $4,800, which salary shall be compensation in full for all services rendered.
Sec. 7. Section 8 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, at page 93, as amended by chapter 2, Statutes of Nevada 1956, at page 3, is hereby amended to read as follows:
Section 8. Each county commissioner shall receive an annual salary of [$1,500] $1,800 in full compensation for all services and expenses; provided, that any commissioner residing more than 10 miles from the county seat of Lander County shall receive in addition to his salary the sum of 10 cents per mile for each mile necessarily traveled in attending necessary meetings of the board of county commissioners.
Sec. 8. This act shall become effective July 1, 1957.
________
κ1957 Statutes of Nevada, Page 268κ
Assembly Bill No. 345White Pine County Delegation
CHAPTER 186
AN ACT to amend an act entitled An Act fixing the compensation of county officers in White Pine County, State of Nevada, and matters pertaining to the collection and disposition of fees arising from such offices, regulating the conduct thereof, and to repeal all acts and parts of acts in conflict therewith, approved February 27, 1953.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 29, Statutes of Nevada 1953, at page 27, is hereby amended to read as follows:
Section 2. The district attorney shall receive an annual salary of [$5,400,] $6,000, payable in equal monthly installments, for all his services as such officer. He may in addition have and retain all fees allowed by law when acting as ex officio public administrator. He may have such deputy or deputies, to be named by him, as the board of county commissioners of White Pine county, by majority consent, may deem necessary, and at such time and for such time as they may direct. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in performance of his official duties; provided, said expenses shall be first audited and allowed by the said board of county commissioners. The district attorney shall receive no fees or compensation other than as herein provided for the performance of his official duties.
Sec. 2. Section 3 of the above-entitled act, being chapter 29, Statutes of Nevada 1953, at page 27, is hereby amended to read as follows:
Section 3. The county clerk shall receive an annual salary of [$5,400,] $6,000, payable in equal monthly installments for all his services in said office, and may be allowed such deputies, to be named by him, as the board of county commissioners of White Pine county by majority consent may deem necessary, at a salary to be fixed by the county commissioners. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expense shall be first audited and allowed by the board of county commissioners.
Sec. 3. Section 4 of the above-entitled act, being chapter 29, Statutes of Nevada 1953, at page 27, is hereby amended to read as follows:
Section 4. The county treasurer and ex officio tax collector shall receive an annual salary of [$5,400,] $6,000, payable in equal monthly installments, for all his services in said office, and may be allowed one deputy, to be named by him if the board of county commissioners of White Pine county, by majority consent, may deem such deputy necessary, at a salary to be fixed by the county commissioners. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.
κ1957 Statutes of Nevada, Page 269 (CHAPTER 186, AB 345)κ
absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.
Sec. 4. Section 5 of the above-entitled act, being chapter 29, Statutes of Nevada 1953, at page 27, is hereby amended to read as follows:
Section 5. The county recorder and auditor of White Pine county shall receive an annual salary of [$5,400,] $6,000, payable in equal monthly installments as compensation for all his services as such officer. He shall collect and pay into the county treasury all such fees as are now provided for by law. He may be allowed such deputies, to be named by him, as the board of county commissioners of White Pine county, by majority consent, may deem necessary. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.
Sec. 5. Section 6 of the above-entitled act, being chapter 29, Statutes of Nevada 1953, at page 28, is hereby amended to read as follows:
Section 6. The county assessor of White Pine county shall receive an annual salary of [$5,400,] $6,000, payable in equal monthly installments as compensation for all his services as such officer. He shall collect and pay into the county treasury of the county all such fees as are now provided for by law. He may be allowed such deputies to be named by him as the board of county commissioners of White Pine county, by majority consent, may deem necessary. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.
Sec. 6. Section 7 of the above-entitled act, being chapter 29, Statutes of Nevada 1953, at page 28, is hereby amended to read as follows:
Section 7. The sheriff of White Pine county shall receive an annual salary of [$5,400,] $6,000, payable in equal monthly installments as full compensation for his services to the county as sheriff or in any ex officio capacity of any kind whatsoever, and he shall have one undersheriff to be selected by him, and such other deputies, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may fix. He shall be allowed all his actual traveling expenses, to consist of actual costs of his transportation and living expenses, while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the [country] county treasury of White Pine county such fees as are provided for in [an act of the legislature of the State of Nevada entitled, An act to regulate fees and compensation for official and other services in the State of Nevada and to repeal all other acts in relation thereto, approved February 27, 1883;] NRS 248.290; provided, that in lieu of mileage provided in [said act] NRS 248.290 the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court; provided further, that where there is a deputy or other officer so located as to perform said service without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged; provided, that in all cases herein, when the deputy sheriff residing away from the county seat is required, in the performance of a duty or duties of his office, to use his own or a privately owned car in connection with such duty or duties he shall receive therefor the sum of not to exceed 20 cents per mile for each mile necessarily traveled in the performance of any such duty or duties; said claim for mileage shall be audited and allowed by the board of county commissioners.
κ1957 Statutes of Nevada, Page 270 (CHAPTER 186, AB 345)κ
thereto, approved February 27, 1883;] NRS 248.290; provided, that in lieu of mileage provided in [said act] NRS 248.290 the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court; provided further, that where there is a deputy or other officer so located as to perform said service without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged; provided, that in all cases herein, when the deputy sheriff residing away from the county seat is required, in the performance of a duty or duties of his office, to use his own or a privately owned car in connection with such duty or duties he shall receive therefor the sum of not to exceed 20 cents per mile for each mile necessarily traveled in the performance of any such duty or duties; said claim for mileage shall be audited and allowed by the board of county commissioners.
Sec. 7. Section 8 of the above-entitled act, being chapter 29, Statutes of Nevada 1953, at page 29, is hereby amended to read as follows:
Section 8. The county commissioners of White Pine county shall each receive an annual salary of [$1,800,] $2,100, payable in equal monthly installments which shall be in full compensation for all services whatsoever required of such commissioners. They shall be allowed all their actual traveling expenses to consist of actual costs of their transportation and living expenses while absent from the county seat, in the performance of their official duties; provided said expenses shall be first audited and allowed by a majority of the board of county commissioners.
Sec. 8. This act shall become effective on the first day of the first month following its passage and approval.
________
Assembly Bill No. 372Mr. Hill
CHAPTER 187
AN ACT to amend NRS sections 125.100, 125.260 and 125.430 relating to the disposition of unclaimed money due court reporters.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 125.100 is hereby amended to read as follows:
125.100 1. When ordered by the court, the evidence in divorce actions shall be reported and transcribed and the transcript thereof filed with the pleadings in the case.
2. 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 the court, who shall pay the same to the reporter upon receiving from the latter the transcript of evidence.
3. 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 5 years has elapsed and no claim has 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.]
κ1957 Statutes of Nevada, Page 271 (CHAPTER 187, AB 372)κ
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.] county treasurer, who shall deposit the same in the county general fund.
Sec. 2. NRS 125.260 is hereby amended to read as follows:
125.260 1. When ordered by the court, the evidence in separate maintenance actions shall be reported and transcribed and the transcript thereof filed with the pleadings in the case.
2. 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 the court, who shall pay the same to the reporter upon receiving from the latter the transcript of evidence.
3. 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 5 years has elapsed and no claim has 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.] county treasurer, who shall deposit the same in the county general fund.
Sec. 3. NRS 125.430 is hereby amended to read as follows:
125.430 1. When ordered by the court, the evidence in annulment of marriage actions shall be reported and transcribed and the transcript thereof filed with the pleadings in the case.
2. 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 the court, who shall pay the same to the reporter upon receiving from the latter the transcript of evidence.
3. 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 5 years has elapsed and no claim has 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.] county treasurer, who shall deposit the same in the county general fund.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 257Mr. Franklin
CHAPTER 188
AN ACT to amend NRS sections 31.030, 31.060 and 71.070 relating to undertaking on attachment, and the manner in which property is to be attached.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 31.030 is hereby amended to read as follows:
31.030 1. Before issuing the writ, the clerk shall require a written undertaking on the part of the plaintiff payable in lawful money of the United States, in a sum not less than $200, and not less than one-fourth of the amount claimed by plaintiff, [and not exceeding $5,000,] with two or more sureties to the effect that if the plaintiff dismiss such action or if the defendant recover judgment the plaintiff will pay in lawful money of the United States all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment including attorneys fees, not exceeding the sum specified in the undertaking.
κ1957 Statutes of Nevada, Page 272 (CHAPTER 188, AB 257)κ
the United States, in a sum not less than $200, and not less than one-fourth of the amount claimed by plaintiff, [and not exceeding $5,000,] with two or more sureties to the effect that if the plaintiff dismiss such action or if the defendant recover judgment the plaintiff will pay in lawful money of the United States all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment including attorneys fees, not exceeding the sum specified in the undertaking. Each of the sureties shall annex to the undertaking an affidavit that he is a resident and householder or freeholder within the state, and worth double the sum specified in the undertaking over and above all his debts and liabilities, exclusive of property exempt from execution. Upon showing by the defendant after notice to the plaintiff, the court may require an additional bond.
2. At any time after the issuing of the attachment, but not later than 5 days after actual notice of the levy thereof, the defendant may except to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When excepted to, the plaintiffs sureties, within 5 days from service of written notice of exception, upon notice to the defendant of not less than 2 nor more than 5 days, must justify before the judge, justice, or clerk of the court in which the action is pending; and upon failure to justify, or if others in their place fail to justify, at the time and place appointed, the writ of attachment must be vacated.
Sec. 2. NRS 31.060 is hereby amended to read as follows:
31.060 The sheriff to whom the writ is directed and delivered shall execute the same without delay, and if the undertaking mentioned in NRS 31.040 be not given, as follows:
1. Real property shall be attached by leaving a copy of the writ with the occupant thereof; of, if there be no occupant, by posting a copy in a conspicuous place thereon, and filing a copy, together with a description of the property attached, with the recorder of the county.
2. Personal property capable of manual delivery shall be attached by taking it into custody.
3. [Stock] Subject to the provisions of NRS 79.170, stock or shares, or interest in stock or shares, of any corporation or company, domestic or foreign, shall be attached by leaving with the president or other head of the corporation or company, or secretary, cashier or managing agent thereof, a copy of the writ and a notice stating the stock or interest of the defendant is attached in pursuance of such writ. If the corporation or company is doing business in this state and has no president or other head, or secretary, cashier or managing agent in this state with whom a copy of the writ and notice may be left, the attachment may be made by service of the writ and notice in the manner allowed for the service of summons. Any transfer or attempt to transfer stock so attached shall be deemed a contempt of court and punished accordingly.
4. Debts and credits, due or to become due, and other personal property, not capable of manual delivery, shall be attached by leaving with the person owing such debts, or having in his possession, or under his control, such credits or other personal property, a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits and other personal property in his possession or under his control, belonging to the defendant, are attached in pursuance of such writ.
κ1957 Statutes of Nevada, Page 273 (CHAPTER 188, AB 257)κ
credits and other personal property in his possession or under his control, belonging to the defendant, are attached in pursuance of such writ.
5. Debts and credits, due or to become due, from a bank incorporated under the laws of the State of Nevada or the laws of the United States of America, or other personal property held by such bank not capable of manual delivery, shall be attached, garnisheed or executed upon by serving a copy of the writ and a notice that the debts owing by it to the defendant, or the credits and other personal property in its possession, or under its control, belonging to the defendant, are attached, garnisheed or executed upon in pursuance of such writ. The writ and notice shall be served on one of the following officers of the bank:
(a) If the bank has no branches, trust department or military facility, service shall be effected by leaving a copy of the writ and notice with the president, vice president, assistant vice president, cashier, assistant cashier, manager or other managing officer in charge of the bank owing such debts, or having in its possession or under its control such credits or other personal property.
(b) If the bank has branches or military facilities owing such debts or having in its possession or under its control such credits or other personal property, service shall be effected by leaving a copy of the writ and notice with the vice president, assistant vice president, assistant cashier, manager or other managing officer in charge of the branch or in charge of the military facility. Service on such officer or agent shall not constitute a valid levy on any debt, credit or other personal property owing by any other branch or military facility.
(c) If the bank has a trust department owing such debts or having in its possession or under its control such credits or other personal property, then service shall be effected by leaving a copy of the writ and notice with the vice president and trust officer, trust officer, assistant trust officer or other managing officer of the trust department.
Sec. 3. NRS 71.070 is hereby amended to read as follows:
71.070 1. Before issuing the writ, the justice must require a written undertaking on the part of the plaintiff, with two or more sufficient sureties, in the amount sued for, [and for not less than $50,] to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking.
2. At any time after the issuing of the attachment, but not later than 5 days after notice of its levy, the defendant may except to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When excepted to, the sureties must justify at a time fixed by the justice and within 3 days, otherwise the justice must order the writ of attachment vacated.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 274κ
Senate Bill No. 146Senator Cord
CHAPTER 189
AN ACT to amend NRS section 19.160 relating to the fees of the county clerk of Esmeralda County, Nevada.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 19.160 is hereby amended to read as follows:
19.160 [1. The county clerk of Esmeralda County shall be allowed to charge and collect the following fees:
On the commencement of any action or proceeding in the district court, except probate proceedings, to be paid by the party commencing such action or proceeding, the fee to be in addition to the court fee of $3 now provided for by law................................................................................................................ $5.00
On the filing of a petition for letters testamentary, or of administration or guardianship, to be paid by the petitioner, the fee to be paid in addition to the court fee now provided for by law.......................................................... 5.00
At the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of 50 cents for each additional $1,000 of the appraised value in excess of $2,000.
On filing a petition to contest any will or codicil, to be paid by the petitioner ............................................................................................................... 3.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them...................................................................................................................... 2.50
For every additional defendant, appearing separately.................. 2.50
The foregoing fees shall be in full for all services rendered by such clerk in the case, to and including the making up of the judgment roll.
On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk, in full for all services to be rendered in connection with the motion...................... 2.50
For issuing an execution or order of sale, in any action............................ .75
For filing a notice of appeal and appeal bonds, each................................. .50
For filing a transcript on appeal from the justices court........................... 2.50
[2. The clerk shall also be entitled to charge and collect the following fees and compensations not provided for in subsection 1:
For a copy of any record, proceeding or paper on file in the office of the clerk, relating to any civil action theretofore tried or pending in the court, when such copy is made by him, per folio................................................................. .10
For each certificate of the clerk, under the seal of the court..................... .50
[3. For services rendered by the clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees:
κ1957 Statutes of Nevada, Page 275 (CHAPTER 189, SB 146)κ
civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees:
For issuing marriage licenses, one-half to be paid to the county recorder ............................................................................................................. $2.00
For filing, indexing and recording articles of incorporation...................... 3.50
For filing, indexing and registering certificates of copartnership............. 1.00
For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court, and official bonds and certificates of appointment, each..................................................................................... .25
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate......................................... .75
For comparing the copy with the original, per folio....................... .02
For making satisfaction of or credit on judgment....................................... .25
For filing and receiving remittitur from supreme court............................... .50
For administering each oath, without certificate, except in a pending action or proceeding.................................................................................................. .15
For taking any affidavit, except in pending suits or in criminal cases..... .25
For searching records or files in his office, for each year, but not to charge suitors or attorneys................................................................................................ .30
For taking acknowledgments of deeds or other instruments, including certificate and seal, for the first name....................................................................... .75
For each subsequent name................................................................ .25
For making out naturalization papers, including all necessary oaths, affirmations and certificates:
For the first papers.............................................................................. 2.50
For the final papers............................................................................. 5.00
[4. No fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.]
1. The county clerk of Esmeralda County shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, or taking such appeal, to be paid by the party commencing the action or proceeding, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law ......................................................................................................... $17.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them............................................................................................................. 10.00
For every additional defendant, appearing separately.............. 5.00
On the filing of any paper in intervention.................................................. 10.00
On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:
Where the stated value of the estate is more than $400 and less than $3,000............................................................................................................... 15.00Where the stated value of the estate is in excess of $3,000........................................................................ $25.00
κ1957 Statutes of Nevada, Page 276 (CHAPTER 189, SB 146)κ
Where the stated value of the estate is in excess of $3,000............... $25.00
Where the stated value of the estate is less than $400, no fee shall be collected.
On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil.................................................................................... 5.00
On filing a petition to contest any will or codicil, to be paid by the petitioner...................................................................................................................... 15.00
On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion............................... 5.00
For issuing an execution or order of sale in any action.......................... 1.00
For filing a notice of appeal and appeal bonds, each............................. 1.00
For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage....................................................................................................... 2.50
For any copy of any record, proceeding or paper on file in the office of the clerk:
When the copy is typed by him, per folio........................................ .20
When the copy is photostated, for the first page........................... .50
For each additional page photostated.......................................... .50
For each certificate of the clerk, under the seal of the court.................. .75
For filing remittitur from the supreme court.............................................. 1.00
For recording judgment entered thereon, per folio........................... .20
For issuing transcript of judgment and certifying thereto...................... 1.00
For filing and docketing abstract of judgment of a justices court........ 1.00
For issuing execution thereon............................................................... 1.00
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk 1.00
For comparing such copy with the original, per folio................ .05
For filing and indexing articles of incorporation.................................... 1.00
For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement............................................. 1.00
For filing and recording a bond of a notary public................................. 2.50
For administering each oath, without a certificate, except in a pending action or proceeding................................................................................................. .50
For taking any affidavit, except in criminal cases.................................... .50
For searching records or files in the office of the clerk, for each year.. .50For taking acknowledgments................................................ $1.00
κ1957 Statutes of Nevada, Page 277 (CHAPTER 189, SB 146)κ
For taking acknowledgments....................................................................... $1.00
For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.
For each name, where the certificate contains in excess of four names ................................................................................................... .25
2. All fees prescribed in this section shall be payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Esmeralda County, or any city or town within Esmeralda County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 127Senator Whitacre
CHAPTER 190
AN ACT to amend an act entitled An Act to incorporate the town of Yerington, in Lyon County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 14, 1907, as amended.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 72, Statutes of Nevada 1907, is hereby amended by adding thereto a new section designated section 9.5 which shall immediately follow section 9 and shall read as follows:
Section 9.5. Any vacancy occurring in the office of mayor shall be filled by the council at the first regular meeting after such vacancy, when the council shall, by a majority vote, elect one of its members as mayor. The person so elected shall hold the office of mayor until the election and qualification of a mayor at the next regular general city election. The vacancy in the office of councilmen resulting from the election of a councilman as mayor shall be filled as provided in section 12.
Sec. 2. Section 16 of the above-entitled act, being chapter 72, Statutes of Nevada 1907, at page 154, is hereby amended to read as follows:
Section 16. 1. The style of all ordinances shall be as follows: The City Council of the City of Yerington do ordain [,] .
κ1957 Statutes of Nevada, Page 278 (CHAPTER 190, SB 127)κ
City Council of the City of Yerington do ordain [,] . [and all proposed ordinances when first proposed, shall be read aloud, in full, to the Council and then laid over until the next regular meeting, for adoption or rejection. All ordinances adopted shall be signed by the Mayor and published in full, together with the votes cast thereon, in some newspaper published in the city, for the period of at least one week before the same shall go into effect.] All proposed ordinances when first proposed shall be read by title to the city council and may be referred to a committee of any number of the members of the council for consideration, after which at least one copy of the ordinance shall be filed with the city clerk for public examination. Notice of such filing shall be published once in a newspaper published in the city, if any there be, and otherwise in some newspaper published in the county and having a general circulation in the city, at least 1 week prior to the adoption of the ordinance. The city council shall adopt or reject the ordinance, or the ordinance as amended, within 30 days from the date of such publication, except that in cases of emergency, by unanimous consent of the whole council, final action may be taken immediately or at a special meeting called for that purpose.
2. At the next regular or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the council, and thereafter it shall be read in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed.
3. After final adoption the ordinance shall be signed by the mayor, and, together with the votes cast thereon, shall be published once in a newspaper published in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city. Twenty days after such publication the same shall go into effect, except emergency ordinances which may be effective immediately.
4. In all prosecutions for the violation of any of the provisions of any city ordinance, rule, resolution, or other regulation of the city council, whether in a court of original jurisdiction or in any appellate court, it shall not be necessary to plead the contents of the same, but the court before which the proceedings may be pending shall take judicial notice of such ordinance, rule, resolution, or other regulation, and of the contents thereof. In all civil actions it shall not be necessary to plead the contents of any ordinance, rule, resolution, or other regulation of the city council, but the same may be pleaded by title, and may be proved prima facie by the introduction of the original entry thereof on the records of the city council, or a copy thereof certified by the city clerk to be a full, true and correct copy of the original entry, or by the introduction of a printed copy published or purported to have been published by authority of the city council.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 279κ
Senate Bill No. 57Senators Lattin, Black and Seevers
CHAPTER 191
AN ACT to amend NRS sections 244.125, 244.130 and 244.135 relating to appointment, discharge, qualifications, powers and duties of county managers.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.125 is hereby amended to read as follows:
244.125 1. The county commissioners of any county [having a population of not less than 10,000] are authorized to appoint a county manager and to fix the compensation for such county manager at a salary not to exceed $15,000 per year. [at not less than $5,000 nor more than $9,000 per year.]
2. The county manager shall hold his office at the pleasure of the board of county commissioners, and may be removed from office by the board at any time.
Sec. 2. NRS 244.130 is hereby amended to read as follows:
244.130 [The county manager shall:
[1. Be a graduate from an accredited 4-year college or university with a degree in public administration or business management.
[2. Have at least 4 years of progressively responsible experience in administrative management or related activities.]
1. The county manager shall possess such qualifications as the board of county commissioners may from time to time establish.
2. No person who is or has been an elected officer of the county shall be appointed county manager unless he has been out of office for at least 1 year prior to the date of his appointment.
Sec. 3. NRS 244.135 is hereby amended to read as follows:
244.135 1. The county manager shall perform such administrative functions of the county government as may be required of him by the board of county commissioners.
2. He may, with the approval of the board of county commissioners, appoint such assistants and other employees as are necessary to the proper functioning of his office. The salaries of such assistants and employees and other expenses of conducting the office of the county manager shall be fixed and determined by the county manager with the consent and approval of the board of county commissioners.
________
κ1957 Statutes of Nevada, Page 280κ
Senate Bill No. 205Senator Johnson
CHAPTER 192
AN ACT to amend an act entitled An Act creating the Senator McCarran memorial statue committee; stating the membership and powers and duties of the committee; providing for public meetings, the election of officers and duration of the committee; allowing the acceptance of contributions and creating a special fund; making an appropriation; and other matters properly relating thereto, approved March 28, 1955; providing an additional appropriation; and other matters properly relating thereto.
[Approved March 25, 1957]
Whereas, The 47th session of the legislature of the State of Nevada created the Senator McCarran memorial statue committee to facilitate and make arrangements for the placement of a statue of the late Senator Patrick A. McCarran in Statuary Hall in Washington, D. C.; and
Whereas, The original act appropriated $500 for the use of such committee and it is desirable that the additional sum of $10,000 be appropriated to be matched against public donations for the creation of a statue worthy of our state; now, therefore,
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 chapter 312, Statutes of Nevada 1955, at page 510, is hereby amended to read as follows:
Section 7. To carry out the purposes and provisions of this act there is hereby created a fund in the state treasury to be known as the Senator McCarran statue fund, which fund shall consist of legislative appropriations, contributions and donations of any kind or nature whatsoever. State funds to apply to the necessary costs of procuring the statue shall be provided by direct appropriation of the legislature and there is hereby appropriated the sum of $500 out of any money in the state treasury not otherwise appropriated to the credit of the Senator McCarran statue fund and claims against this fund shall be paid out as other claims against the state are paid. The committee shall not pay out any portion of the moneys in the Senator McCarran statue fund provided by direct legislative appropriation unless the amount to be paid out has been matched by an equal sum from public contributions or donations. The balance of any moneys in the fund provided by direct legislative appropriation shall revert to the general fund in the state treasury upon the accomplishment of the objective of this act.
Sec. 2. To provide the Senator McCarran statue fund with additional funds there is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $10,000.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 281κ
Senate Bill No. 186Committee on Finance
CHAPTER 193
AN ACT providing an appropriation for the relief of several persons.
[Approved March 25, 1957]
Whereas, The State of Nevada has outstanding at the present time warrants which are stale and cannot now be paid by the state treasurer; and
Whereas, Such warrants constitute debts of the State of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $63.71. The state controller is hereby directed to draw his warrants therefor as follows:
Burton Brown................................................................................................. $13.03
Erlene W. Isom............................................................................................... 27.53
Douglas George.............................................................................................. 7.00
Hobart Leonard.............................................................................................. 4.70
Hobart Leonard.............................................................................................. 11.45
The state treasurer is hereby directed to pay such warrants.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 170Senator Seevers
CHAPTER 194
AN ACT to amend an act entitled An Act fixing the compensation of certain officers of Mineral County, Nevada; fixing the number of deputies and other employees; providing for travel expenses; repealing certain acts in conflict herewith, and other matters properly relating thereto, approved March 28, 1955.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 337, Statutes of Nevada 1955, at page 561, as amended by chapter 8, Statutes of Nevada 1956, at page 10, is hereby amended to read as follows:
Section 1. The following named officers of Mineral County shall receive in full payment, for all services rendered by them, the following salaries and compensation: [fixed by the board of county commissioners within the minimum and maximum amounts as follows:]
1. The sheriff shall receive a salary of [not less than $4,200 nor more than $4,800] $5,400 per annum. The sheriff may appoint one undersheriff who shall be entitled to receive [not less than $3,960 nor more than $4,200] a salary of $4,800 per annum, and one woman deputy who shall serve as matron and office stenographer at a salary of [not less than $3,000 nor more than $3,300] $3,900 per annum.
κ1957 Statutes of Nevada, Page 282 (CHAPTER 194, SB 170)κ
deputy who shall serve as matron and office stenographer at a salary of [not less than $3,000 nor more than $3,300] $3,900 per annum.
2. The county recorder and ex officio auditor shall receive a salary of [not less than $4,200 nor more than $4,800] $5,400 per annum. The recorder and ex officio auditor may appoint a deputy at a salary of [not less than $3,000 nor more than $3,600] $4,200 per annum.
3. The county clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners shall receive a salary of [not less than $4,200 nor more than $4,800] $5,400 per annum. The county clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners may appoint a chief deputy at a salary of [not less than $3,000 nor more than $3,600] $4,200 per annum, and such other deputy or deputies at such salary or salaries as may be authorized by the board of county commissioners.
4. The county assessor shall receive a salary of [not less than $4,200 nor more than $4,800] $5,400 per annum. The county assessor may appoint a deputy at a salary of [not less than $3,000 nor more than $3,600] $4,200 per annum.
5. The district attorney shall receive a salary of [not more than $4,200] $4,800 per annum, which shall be his compensation in full for all services, except he may be allowed such additional sums for necessary expenses incurred, as the board of county commissioners shall authorize and approve. The district attorney may employ one office stenographer at a salary not to exceed [$3,300] $3,900 per annum.
6. The county commissioners of Mineral County shall receive the sum of [$1,800] $2,400 per annum, and such travel expenses as are allowed by law for the payment of county officials.
Sec. 2. Section 2 of the above-entitled act, being chapter 337, Statutes of Nevada 1955, at page 561, is hereby amended to read as follows:
Section 2. The county commissioners are authorized and directed to allow to county officials their travel expenses, when traveling on necessary county business, at the same rate as is allowed by [section 1 of chapter 16, Statutes of Nevada 1928, as last amended by chapter 359, Statutes of Nevada 1955, at page 596.] NRS 245.060.
Sec. 3. This act shall become effective July 1, 1957.
________
Senate Bill No. 73Committee on Finance
CHAPTER 195
AN ACT to amend NRS section 218.210 relating to the compensation of senators and assemblymen.
[Approved March 25, 1957]
Whereas, There has been no increase in compensation for senators and assemblymen serving in this state since 1945; and
Whereas, The cost of living, governmental expenses and other necessary costs have risen since that time; and
Whereas, It is proper that there be an increase in compensation allowed senators and assemblymen at the 49th session of this legislature and following; now, therefore,
κ1957 Statutes of Nevada, Page 283 (CHAPTER 195, SB 73)κ
allowed senators and assemblymen at the 49th session of this legislature and following; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.210 is hereby amended to read as follows:
218.210 Each senator and assemblyman hereafter elected or appointed shall receive as compensation [$15] $25 per day for each day of service, but the total amount paid shall not exceed the sum of [$900] $1,500 at any session.
Sec. 2. This act shall become effective on January 1, 1959, but any increase in compensation authorized by section 1 shall not apply to any senator who holds over in office as provided by law, and such senator shall for his unexpired term of office receive compensation of $15 per day.
________
Senate Bill No. 40Senators Seevers, Brown, Lattin and Whitacre
CHAPTER 196
AN ACT to amend NRS sections 2.060 and 3.090 relating to the resignation and payment of pensions of supreme court justices and district court judges; providing for direct legislative appropriations; eliminating certain requirements for execution of affidavits; and other matters properly related thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.060 is hereby amended to read as follows:
2.060 1. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and shall have ended such service, shall, after such service of 20 years, and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as salary for his judicial services during the last year thereof, payable in monthly installments [, out of any fund in the state treasury not otherwise appropriated.] from funds to be provided by direct legislative appropriation.
2. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 15 years and shall have ended such service, shall, after such service of 15 years, and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-third the sum received as salary for his judicial services during the last year thereof, payable in monthly installments [out of any fund in the state treasury not otherwise appropriated.] from funds to be provided by direct legislative appropriation.
κ1957 Statutes of Nevada, Page 284 (CHAPTER 196, SB 40)κ
3. Any justice who desires to resign pursuant to the terms hereof shall do so by notice in writing to the governor, and shall file forthwith with the state controller and the state treasurer an affidavit setting forth the fact of his resignation, the date and place of his birth, and the years he has served in either or both of the courts above mentioned. [, and thereafter shall file with the state controller, prior to receiving his monthly warrant, an affidavit stating that he is a resident of this state.]
4. Upon resigning as above provided and the filing of the [affidavits] affidavit mentioned, by any person entitled so to do pursuant hereto, the state controller shall draw his warrant, payable to the individual who has thus resigned, upon the state treasurer for the sum due such person, and the state treasurer shall pay the same out of [any fund not otherwise appropriated.] funds to be provided by direct legislative appropriation.
5. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have resigned pursuant hereto.
Sec. 2. NRS 3.090 is hereby amended to read as follows:
3.090 1. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and shall have ended such service shall, after such service of 20 years and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as salary for his judicial services during the last year thereof, payable in monthly installments [out of any fund in the state treasury not otherwise appropriated.] from funds to be provided by direct legislative appropriation.
2. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 15 years and shall have ended such service shall, after such service of 15 years and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-third the sum received as salary for his judicial services during the last year thereof, payable in monthly installments [out of any fund in the state treasury not otherwise appropriated.] from funds to be provided by direct legislative appropriation.
3. Any judge of the district court who desires to resign pursuant to the terms hereof shall do so by notice in writing to the governor, and shall file forthwith with the state controller and the state treasurer an affidavit setting forth the fact of his resignation, the date and place of his birth, and the years he has served in either or both of the courts above mentioned. [, and thereafter shall file with the state controller, prior to receiving his monthly warrant, an affidavit stating that he is a resident of this state.]
4. Upon resigning as above provided and the filing of the [affidavits] affidavit mentioned, by any person entitled so to do pursuant hereto, the state controller shall draw his warrant, payable to the individual who has thus resigned, upon the state treasurer for the sum due such person, and the state treasurer shall pay the same out of [any fund not otherwise appropriated.]
κ1957 Statutes of Nevada, Page 285 (CHAPTER 196, SB 40)κ
hereto, the state controller shall draw his warrant, payable to the individual who has thus resigned, upon the state treasurer for the sum due such person, and the state treasurer shall pay the same out of [any fund not otherwise appropriated.] funds to be provided by direct legislative appropriation.
5. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have resigned pursuant hereto.
________
Senate Bill No. 140Senator Johnson
CHAPTER 197
AN ACT to amend NRS section 353.265 relating to the expenditure of unappropriated money by the state board of examiners in cases of emergency.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 353.265 is hereby amended to read as follows:
353.265 1. Nothing in NRS 353.260 shall be held to apply to:
(a) The necessary expense or costs of suppressing insurrections, or of defending the State of Nevada, or of assisting in defending the United States in time of war, or in preparing therefor, or for either or any thereof.
(b) The cost of maintaining or supporting any program initiated by the department of civil defense of the State of Nevada in time of war, declared or undeclared, and whether the same be actual or threatened.
(c) The necessary expense or costs of repairing injury done to state property by catastrophies, fires, storms or acts of God, or in preventing or preparing to prevent great and imminent danger thereof, and for which there is no sufficient appropriation.
(d) The necessary expense incurred in suppressing forest and range fires by the state forester firewarden on lands under his jurisdiction as specified by law, and for which there is no sufficient appropriation.
2. When the state board of examiners finds, after diligent inquiry and examination, that great necessity and extreme emergency exist for the expenditure of unappropriated money out of the state treasury on account of either or any of such events enumerated in subsection 1, the state board of examiners may then, and only then, declare the existence of such emergency and great and immediate necessity for the expenditure of not to exceed $50,000, and set aside or allocate the same out of any unappropriated money in the general fund in the state treasury and pay for such necessary expenses or costs, claims for which shall be prepared, presented and paid in the manner provided generally for the payment of claims against the state.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 286κ
Senate Bill No. 141Senator Johnson
CHAPTER 198
AN ACT to amend chapter 472 of NRS relating to the state forester firewarden by creating a new provision relating to the establishment, use and security of a revolving fund for use by the state forester firewarden to suppress fires and pay fire fighters, and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 472 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Upon written request from the state forester firewarden or his assistant, the state controller is authorized and directed to draw his warrant in favor of the state forester firewarden in the sum of $2,500, and upon presentation of the same to the state treasurer, the state treasurer is authorized and directed to pay the same from the general fund in the state treasury.
2. The sum of $2,500 shall be known as the state forester firewarden revolving fund and may be used by the state forester firewarden or his assistant for the purpose of paying temporary labor hired for fire-fighting purposes and other obligations requiring prompt payment in connection with fire-fighting operations, but for no other purposes.
3. All claims or demands paid by the state forester firewarden or his assistant shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant for the amount of such claim or claims in favor of the state forester firewarden revolving fund to be paid to the order of the state forester firewarden or his assistant, and the state treasurer shall pay the same.
4. The state forester firewarden is directed to deposit the state forester firewarden revolving fund in one or more banks of reputable standing, and to secure the deposit by a depositary bond satisfactory to the state board of examiners.
5. The state forester firewarden and the assistant state forester firewarden shall execute bonds, with good and sufficient sureties, in the amount of at least $2,500 each, for the faithful performance of their duties under this section.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 287κ
Assembly Bill No. 421Messrs. Waters, Pozzi, Byrne, Hendel, Giomi, Barnum, Sanford, Carruthers, Berrum, Nevin, Humphrey, Evans and Fullerton
CHAPTER 199
AN ACT appropriating $100,000 for the design, construction and equipment of an addition to the Nevada state museum; providing for the use of such appropriation; continuing a certain appropriation; and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Provision is hereby made for the design, construction and equipment of an addition to the Nevada state museum and for such construction work on the existing building as may be required to construct such addition; to provide for the work and materials incidental thereto, and for the payment of the same as hereinafter provided.
Sec. 2. There is hereby created in the state treasury, for the use of the state planning board in carrying out the provisions of this act, a special fund to be known as the state museum construction fund. There is hereby appropriated from the general fund of the state treasury out of any moneys not otherwise appropriated the sum of $100,000 for the state museum construction fund.
Sec. 3. The state planning board is hereby charged with the duty of carrying out the provisions of this act relating to the design, construction and equipment provided for in this act. The state planning board shall employ competent architects who, in turn, shall employ competent structural, mechanical and electrical engineers in preparing plans and specifications. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the addition and equipment thereof. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or a part or parts of such construction and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason. All sealed bids shall be accompanied by a bidders bond of 5 percent of the amount of the bid, and the bid shall further show the Nevada state contractors license number of the bidder. If such license number is not so enclosed with the bid, the bid shall be rejected. A performance bond for the full amount of the contract shall be furnished by the successful bidder. The time limit covered by such performance bond shall be set by the state planning board, based upon standard practice for such work, with the proper liquidated damages therein provided.
κ1957 Statutes of Nevada, Page 288 (CHAPTER 199, AB 421)κ
Sec. 4. The state planning board shall pay the compensation of the architects at the time of acceptance of the plans and specifications prepared and presented to the board, or thereafter, in full or in part, as may be provided for in the agreement between the board and the architects for the preparation and presentation of the plans and specifications. All bills for the employment of architects or for the work and equipment herein provided for shall be paid out on claims against the state museum construction fund as other claims against the state are paid; and such claims before payment, shall first be approved by the chairman and secretary of the state planning board.
Sec. 5. The board of directors of the Nevada state museum and the state planning board shall cooperate in carrying out the provisions of this act. All plans and specifications for the whole, or part or parts, of the construction and equipment shall be approved by the board of directors of the Nevada state museum and each contract shall be approved by the attorney general of the State of Nevada before any such contract may be let.
Sec. 6. The appropriation made by chapter 411, Statutes of Nevada 1955, the same being An Act appropriating $50,000 to the Nevada state museum, to be used for the construction of an additional building, part of which is to contain the Patrick A. McCarran memorial room, and a garage to house a mobile unit, a field trailer and other motor vehicles, approved March 29, 1955, is hereby made available for the purposes of this act, and without regard to the limitations contained in or imposed by chapter 411, Statutes of Nevada 1955. Any balance in the state treasury unexpended on the effective date of this act from the appropriation made by chapter 411, Statutes of Nevada 1955, is hereby reappropriated for the purposes of this act, and is in addition to the appropriation made by section 2 of this act.
________
Assembly Bill No. 359Mr. Byrne
CHAPTER 200
AN ACT to amend NRS section 3.310 relating to the appointment, duties, qualifications, powers and salary of district court bailiffs.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.310 is hereby amended to read as follows:
3.310 1. The judge of each district court may appoint a bailiff for the court in counties polling 4,500 or more votes. The bailiff may be appointed and removed at the pleasure of the judge appointing him.
2. In all judicial districts where there is more than one judge, there shall be but one bailiff to attend all departments of the court, the bailiff to be appointed by the joint action of the judges. If the judges cannot agree upon the appointment of the bailiff, within 30 days after a vacancy occurs in the office of the bailiff, then the appointment shall be made by a majority of the board of county commissioners.
κ1957 Statutes of Nevada, Page 289 (CHAPTER 200, AB 359)κ
3. Each bailiff shall:
(a) Preserve order in the court.
(b) Attend upon the jury.
(c) Open and close court.
(d) Perform such other duties as may be required of him by the judge of the court.
4. The bailiff shall be a qualified elector of the county and shall give a bond, to be approved by the district judge, in the sum of $2,000, conditioned for the faithful performance of his duty. The bailiff shall have all the powers of a peace officer.
5. The compensation of each bailiff for his services shall be fixed by the board of county commissioners of the county in which the district is located. Compensation of bailiffs in judicial districts wherein there is more than one judge shall be not [more than $400] less than $450 per month. Compensation of bailiffs in judicial districts wherein there is only one judge shall be not more than $350 per month. The salary of each bailiff shall be paid by the county wherein he is appointed, the same as the salaries of other county officers are paid.
6. The board of county commissioners of the respective counties shall allow the salary stated in subsection 5 as other salaries are allowed to county officers, and the county auditor shall draw his warrant for the same, and the county treasurer shall pay the same.
7. The provisions of this section shall not be construed:
(a) To authorize the bailiff to serve any civil or criminal process, except such orders of the court which shall be specially directed by the court or the presiding judge thereof to him for service.
(b) To relieve the sheriff of any duty required of him by law to maintain order in the courtroom.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 121Senator Johnson
CHAPTER 201
AN ACT providing an additional and supplemental appropriation for the payment of fire insurance premiums on state-owned property.
[Approved March 25, 1957]
Whereas, Chapter 399 of the Statutes of Nevada 1955 required the state board of finance to cause an appraisal of state-owned property to be made for the purpose of fire insurance, and such appraisal caused fire insurance to be increased; and
Whereas, The amount appropriated by section 60 of chapter 324 of the Statutes of Nevada 1955 is insufficient to pay the additional premiums required; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1957, there is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $12,000 for payment of fire insurance premiums as an additional and supplemental appropriation to that allowed by section 60 of chapter 324 of the Statutes of Nevada 1955.
κ1957 Statutes of Nevada, Page 290 (CHAPTER 201, SB 121)κ
moneys not otherwise appropriated the sum of $12,000 for payment of fire insurance premiums as an additional and supplemental appropriation to that allowed by section 60 of chapter 324 of the Statutes of Nevada 1955.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 148Senator Black
CHAPTER 202
AN ACT to amend NRS section 19.180 relating to the fees of the county clerk of Humboldt County, Nevada.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 19.180 is hereby amended to read as follows:
19.180 [1. The county clerk of Humboldt County as county clerk and ex officio clerk of the District Court of the Sixth Judicial District, State of Nevada, in and for the County of Humboldt, shall charge and collect the following fees in civil, probate and guardianship proceedings:
On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing the action or proceeding, the fee to be paid in addition to the court fee of $3 now provided by law......................................................................................... $12.00
On an appeal to the district court, to be paid by the party taking the appeal, the fee to be paid in addition to the court fee of $1 now provided by law......... 7.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them ............................................................................................................... 6.00
For every additional defendant or intervener appearing separately .................................................................................................. 3.00
The foregoing fees shall be in full for all services rendered by the clerk in the case, to and including the making of the judgment roll.
For all suits certified up from a justices court, involving the question of title or possession of real property, or otherwise, to be paid by the plaintiff, this to include the making of the judgment roll in such action....................... 5.00
On filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, the fee to be in addition to the court fee of $1.50 now provided by law......................................................................................... 8.50
At the time of filing the inventory and appraisement in any such proceeding the sum of 50 cents shall be collected for each additional $1,000 of the appraised value in excess of $2,000, but where any petition is filed for letters testamentary or of administration or guardianship, wherein the appraised value is less than $2,000, the charge therefor to be collected, including the court fee, shall not exceed $7.
κ1957 Statutes of Nevada, Page 291 (CHAPTER 202, SB 148)κ
$1,000 of the appraised value in excess of $2,000, but where any petition is filed for letters testamentary or of administration or guardianship, wherein the appraised value is less than $2,000, the charge therefor to be collected, including the court fee, shall not exceed $7.
On filing a petition to contest any will or codicil to be paid by the petitioner ............................................................................................................. $5.00
On the filing of any notice or motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay the clerk in full for all services to be rendered in connection with the motion or proceeding................. 3.00
For all services performed in an action or proceeding which has been transferred from the district court of another county, the fee to be in full for all services rendered in the suit so transferred, to and including the making of the judgment roll ............................................................................................................. 13.00
For any paper in a civil, probate or other matter certified to by the county clerk or clerk of the district court.......................................................................... .50
For typing any such paper, per folio................................................ .20
For services performed and all papers filed in proceedings to perpetuate testimony ............................................................................................................... 5.00
For filing objections or cross-petitions to the appointment of an executor, administrator or guardian, or petition for the removal of the same, or objections to the settlement of any account, or of any other proceedings in an estate or guardianship matter, to be paid by the moving or objecting party... 5.00
For issuing marriage license, one-half to be paid to the county recorder after the marriage license has been recorded........................................................ 2.00
For filing and indexing certified copies of articles of incorporation......... 1.00
For taking acknowledgment of any deed or other instruments, including certificate and seal:
For first name....................................................................................... .75
For each subsequent name................................................................ .25
For administering an oath or affirmation...................................................... .15
For filing any claim in probate proceedings, to be paid by the party filing the claim ................................................................................................................. .15
For filing remittitur from the supreme court................................................. .50
For issuing execution...................................................................................... .75
For filing certificate of partnership, for each name..................................... .25
For filing notary public bond......................................................................... .15
For indexing bond..................................................................................... .25
For recording bond, per folio................................................................... .20
For certifying to secretary of state record of any notary public having filed such bond...................................................................................................... .50
κ1957 Statutes of Nevada, Page 292 (CHAPTER 202, SB 148)κ
[2. No fee shall be charged by the clerk for any services rendered in a criminal case. The clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or to Humboldt County.
[3. All fees collected by the county clerk under the provisions of this section shall be by him turned into the general fund of Humboldt County each month, but he may retain for his own use the fees and compensations allowed for all services performed by him as clerk of the district court (and authorized by acts of Congress) in connection with the entry and final proofs relative to government lands and the naturalization of aliens.]
1. The county clerk of Humboldt County shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law ......................................................................................................... $17.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them...................................................................................................................... 10.00
For every additional defendant, appearing separately.............. 5.00
On the filing of any paper in intervention.................................................. 10.00
On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:
Where the stated value of the estate is more than $400 and less than $3,000......................................................................................................... 15.00
Where the stated value of the estate is in excess of $3,000......... 25.00
Where the stated value of the estate is less than $400, no fee shall be collected.
On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil.................................................................................... 5.00
On filing a petition to contest any will or codicil, to be paid by the petitioner...................................................................................................................... 15.00
On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion............................... 5.00
For issuing an execution or order of sale in any action.......................... 1.00
For filing a notice of appeal and appeal bonds, each............................. 1.00For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage........................ $2.50
κ1957 Statutes of Nevada, Page 293 (CHAPTER 202, SB 148)κ
For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage....................................................................................................... $2.50
For any copy of any record, proceeding or paper on file in the office of the clerk:
When the copy is typed by him, per folio........................................ .20
When the copy is photostated, for the first page........................... .50
For each additional page photostated.......................................... .50
For each certificate of the clerk, under the seal of the court.................. .75
For filing remittitur from the supreme court.............................................. 1.00
For recording judgment entered thereon, per folio........................... .20
For issuing transcript of judgment and certifying thereto...................... 1.00
For filing and docketing abstract of judgment of a justices court........ 1.00
For issuing execution thereon......................................................... 1.00
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk 1.00
For comparing such copy with the original, per folio................ .05
For filing and indexing articles of incorporation.................................... 1.00
For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement............................................. 1.00
For filing and recording a bond of a notary public................................. 2.50
For administering each oath, without a certificate, except in a pending action or proceeding................................................................................................. .50
For taking any affidavit, except in criminal cases.................................... .50
For searching records or files in the office of the clerk, for each year.. .50
For taking acknowledgments....................................................................... 1.00
For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.
For each name, where the certificate contains in excess of four names ................................................................................................... .25
For filing miscellaneous documents not connected with any court action .............................................................................................................. 1.00
2. All fees prescribed in this section shall be payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Humboldt County, or any city or town within Humboldt County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk.
κ1957 Statutes of Nevada, Page 294 (CHAPTER 202, SB 148)κ
records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 176Senator Brown
CHAPTER 203
AN ACT to amend NRS section 495.040 relating to the power of the board of county commissioners to lease county property for airport purposes; providing for notice, publication and hearing thereon; extending the time in which such lease agreements may run; and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 495.040 is hereby amended to read as follows:
495.040 1. The boards of county commissioners of the respective counties of the state are authorized to lease real and personal property of their county for use and occupancy as airports, airport facilities or airport service, to whom and upon such conditions and terms as they deem proper, for a term or terms not exceeding [20] 50 years.
2. Before entering into any agreement for the lease of property as set forth in subsection 1, the county commissioners shall publish notice of such intention in some paper of general circulation published within their county at least once a week for a period of 30 days. The notice shall specify a regular meeting to be held after completion of such publication, at which meeting any interested person may appear, and no such lease or agreement shall be entered into by the board until the publication and meeting heretofore provided for shall be had.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 187Senator Gallagher
CHAPTER 204
AN ACT providing for dissolution of the Housing Authority of the County of White Pine, Nevada; providing for the transfer of funds of such authority to the County of White Pine and the disposition of such funds by the county; and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The Housing Authority of the County of White Pine, Nevada, a public body corporate and politic, existing under and by virtue of the Housing Authorities Law of 1947, is authorized to transfer all surplus funds in its possession, consisting of a sum somewhat in excess of $20,000, to the County of White Pine.
κ1957 Statutes of Nevada, Page 295 (CHAPTER 204, SB 187)κ
Sec. 2. The sum of $12,500 of the funds authorized to be transferred pursuant to section 1 shall be transferred to the Swimming Pool Fund of White Pine County, and the balance of such funds shall be transferred to the county surplus building and maintenance reserve fund of White Pine County heretofore established pursuant to NRS 244.260.
Sec. 3. Upon compliance with sections 1 and 2 of this act, the Housing Authority of the County of White Pine is hereby authorized to dissolve and terminate its existence as a public body corporate and politic.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 199Senator Crumley
CHAPTER 205
AN ACT fixing the compensation of the county officers of Elko County, Nevada; regulating the employment and compensation of deputies and other employees of such officers; and repealing all acts and parts of acts in conflict herewith.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The compensation of the respective officers of Elko County, Nevada, herein designated, is hereby fixed as follows, to be allowed, audited and fixed monthly:
The district attorney shall receive a salary of not less than $5,400 nor more than $6,000 per annum.
The sheriff shall receive a salary of not less than $6,000 nor more than $6,400 per annum.
The county clerk shall receive a salary of not less than $5,400 nor more than $6,000 per annum.
The county recorder and ex officio county auditor shall receive a salary of not less than $5,400 nor more than $6,000 per annum.
The county assessor shall receive a salary of not less than $5,800 nor more than $6,400 per annum.
The county treasurer and ex officio tax receiver shall receive a salary of not less than $5,400 nor more than $6,000 per annum.
The county commissioners of Elko County shall each receive a salary of $2,400 per annum.
Sec. 2. The salaries set forth in section 1, and fixed by formal resolution of the board of county commissioners from time to time, shall be in full compensation for all services whatsoever rendered by such officers.
Sec. 3. All such officers shall be allowed their necessary and actual traveling expenses not to exceed 10 cents per mile traveled and expenses necessary to the discharge of their official duties.
Sec. 4. Each of the above officers may, with the consent of the board of county commissioners, employ and fix the salaries of such deputies and other assistants as are deemed necessary for the proper discharge of the duties required of such officer.
κ1957 Statutes of Nevada, Page 296 (CHAPTER 205, SB 199)κ
Sec. 5. That certain act entitled An Act fixing the compensation of the county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith, approved March 26, 1949, as last amended by chapter 428, Statutes of Nevada 1955, at page 880, and all other acts or parts of acts in conflict herewith are hereby repealed.
Sec. 6. This act shall become effective upon the first day of the month following its passage and approval.
________
Senate Bill No. 201Committee on Banks, Banking and Corporations
CHAPTER 206
AN ACT to amend NRS sections 80.110 and 80.130 relating to filing of lists of officers, directors and agent of foreign corporations.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 80.110 is hereby amended to read as follows:
80.110 1. Every foreign corporation doing business in this state shall, on or before July 1 of each year, file with the secretary of state a list of the officers and directors, a designation of its resident agent in this state, and a certificate of acceptance signed by the resident agent so designated, the list of officers and designation of resident agent to be certified by the president, secretary or other officer of the corporation.
2. Upon filing such list of officers, designation of resident agent, and certificate of acceptance of resident agent, every such corporation shall pay to the secretary of state a fee of [$5.] $10.
3. The secretary of state shall, 30 days prior to July 1 of each year, cause to be mailed to all corporations required to comply with the provisions of NRS 80.110 to 80.180, inclusive, and which have not theretofore become delinquent, the blank forms to be filed with the secretary of state. Failure of any corporation to receive the forms will not excuse such corporation from the penalty imposed by the provisions of NRS 80.110 to 80.180, inclusive.
Sec. 2. NRS 80.130 is hereby amended to read as follows:
80.130 1. Every foreign corporation hereafter coming into this state shall, within 60 days after the filing of its articles of incorporation with the secretary of state:
(a) File a list of its officers and directors, a designation of its resident agent, and a certificate of acceptance signed by the resident agent so designated.
(b) Pay to the secretary of state a fee therefor of [$5.] $10.
2. Annually thereafter such corporation shall make like filing and pay the fee set forth in NRS 80.110.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 297κ
Assembly Bill No. 405Mr. Humphrey
CHAPTER 207
AN ACT to amend NRS section 393.140 relating to the purchase, lease or acquisition of school sites and other real property by the board of trustees of a school district.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 393.140 is hereby amended to read as follows:
393.140 The board of trustees of a school district shall have the power to purchase, lease or otherwise acquire any school site or other real property for necessary school purposes, including but not limited to playgrounds, athletic fields and sites for stadiums.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 107Committee on Finance
CHAPTER 208
AN ACT providing an additional and supplemental appropriation for the payment of publication costs of lists of delinquent corporations for the biennium ending June 30, 1957.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1957, there is hereby appropriated from the general fund in the state treasury, out of any moneys not otherwise appropriated the sum of $1,446.95 for the payment of publication costs of lists of delinquent corporations, as an additional and supplemental appropriation to that allowed by section 60 of chapter 324, Statutes of Nevada 1955.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 89Senator Lovelock
CHAPTER 209
AN ACT to amend NRS section 433.190 relating to the state hospital revolving fund; to appropriate money for the state hospital revolving fund; and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 433.190 is hereby amended to read as follows:
433.190 The state hospital revolving fund in the sum of [$1,000] $2,500 is hereby created, and may be used for the payment of hospital bills requiring immediate payment, and for no other purposes.
κ1957 Statutes of Nevada, Page 298 (CHAPTER 209, SB 89)κ
bills requiring immediate payment, and for no other purposes. The superintendent is directed to deposit the 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. 2. There is hereby appropriated from any money in the state treasury not otherwise appropriated the sum of $1,500 for the state hospital revolving fund to be used as provided in NRS 433.190.
________
Senate Bill No. 77Senator Johnson
CHAPTER 210
AN ACT appropriating funds for the construction of National Guard armories, and other matters properly relating thereto.
[Approved March 25, 1957]
Whereas, Pursuant to the provisions of Public Law 783 of the 81st Congress of the United States, moneys are made available to the states for the construction of National Guard armories; and
Whereas, In order to secure such federal funds for such purposes it is necessary for the State of Nevada to pay a portion of the cost of such construction; and
Whereas, The State of Nevada would materially benefit from the construction of National Guard armories at Elko, Ely, Winnemucca, Fallon, Yerington, Boulder City, Hawthorne and Carson City; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from any moneys in the general fund not otherwise appropriated the sum of $250,000 to be used by the Nevada National Guard, in conjunction with federal funds, on the basis of 75 percent federal funds to 25 percent state funds, for the construction of National Guard armories at Elko, Ely, Winnemucca, Fallon, Yerington, Boulder City, Hawthorne and Carson City.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 299κ
Assembly Bill No. 413Committee on Ways and Means
CHAPTER 211
AN ACT to amend NRS section 331.090 relating to the authority of the superintendent of the state department of buildings and grounds to accept rent moneys from agencies not supported by legislative appropriation, the disposition of such rental moneys, and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 331.090 is hereby amended to read as follows:
331.090 The superintendent is authorized to accept [fees] rent moneys from various departments and agencies that are not supported by legislative appropriation from the general fund, that are occupying space in the various state-owned buildings. Such [fees] rent moneys shall be deposited in the [buildings and grounds contingent fund, hereby created.] general fund in the state treasury. [The money in the fund may be expended for the general purposes of the department.]
________
Assembly Bill No. 412Committee on Ways and Means
CHAPTER 212
AN ACT to amend NRS section 331.130 relating to the care and use of the legislative chambers.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 331.130 is hereby amended to read as follows:
331.130 1. [While the legislature is not in session,] At all times the maintenance of the legislative chambers shall be under the supervision and control of the superintendent, and the chambers shall be kept clean, orderly and presentable as befitting public property and the dignity of the legislature.
2. The superintendent is authorized, at his discretion, to permit the use of the legislative chambers, while the legislature is not in session, for any public meeting designed to promote the public welfare. In cases of emergency, while the legislature is not in session, the superintendent is authorized to permit the temporary use of the legislative chambers by a state department or agency until other quarters can be provided.
Sec. 2. This act shall become effective on July 1, 1957.
________
κ1957 Statutes of Nevada, Page 300κ
Assembly Bill No. 397Committee on Education
CHAPTER 213
AN ACT to amend NRS section 392.010 relating to agreements providing for tuition, transportation charges and other costs for the admission of pupils from an adjoining state or school district to another school district, and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 392.010 is hereby amended to read as follows:
392.010 1. The board of trustees of any school district may, with the approval of the deputy superintendent of public instruction of the educational supervision district in which the school district is located:
(a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining state or in an adjoining school district within this state; or
(b) Pay tuition for pupils residing in the school district but who attend school in an adjoining state or in an adjoining school district within this state.
2. An agreement shall be entered into between the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school, providing for the payment of such tuition as may be agreed upon, but:
(a) The amount of tuition per pupil in average daily attendance shall not exceed the average current expenditure per pupil of the school district where such pupil or pupils reside; and
(b) If tuition is paid to a school district in an adjoining state, the school district in which the pupil or pupils reside shall not pay any costs of board, lodging and subsistence of the pupil or pupils as provided in NRS 392.350; and
(c) Transportation costs shall be paid by the board of trustees of the school district in which the pupil or pupils reside:
(1) If any are incurred in transporting a pupil or pupils to an adjoining school district within the state; and
(2) If any are incurred in transporting a pupil or pupils to an adjoining state; but no transportation costs in excess of costs incurred for transporting a pupil or pupils 30 miles one way or 60 miles round trip shall be allowed and paid.
3. In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the costs of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 301κ
Senate Bill No. 75Committee on Education and State University
CHAPTER 214
AN ACT appropriating $22,000 from the state distributive school fund for the employment of teachers at the Nevada school of industry during the biennium beginning July 1, 1957, and ending June 30, 1959.
[Approved March 25, 1957]
Whereas, By the provisions of NRS 210.080, the superintendent of the Nevada school of industry is empowered to appoint such teaching staff as the execution of his duties and the care of the inmates may require; and
Whereas, By the provisions of NRS 210.090, the superintendent of the Nevada school of industry has the duty of causing a department of instruction to be organized for the inmates of the school, with programs of study corresponding so far as practicable with programs of study given in the elementary and high schools of the state, and he may arrange for industrial training and the teaching of various trades; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium commencing July 1, 1957, and ending June 30, 1959, there is hereby appropriated from the state distributive school fund the sum of $22,000, which appropriated moneys shall be used by the superintendent of the Nevada school of industry for the employment of one certified classroom teacher for the first to the eighth grades, inclusive, and for the employment of one certified teacher for the teaching of trades and industry.
________
Senate Bill No. 47Committee on Education and State University
CHAPTER 215
AN ACT to amend NRS sections 386.320, 388.050, 388.200, 388.250, 388.270, 388.280, 388.290, 388.300, 388.310, 388.320, 392.040, 392.110, 392.120 and 392.160 relating to compulsory attendance of pupils in public schools by reducing the compulsory maximum age of pupils from 18 years to 17 years.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 386.320 is hereby amended to read as follows:
386.320 1. If the average daily attendance of pupils between the ages of 6 years and [18] 17 years attending school in the school district for the immediately preceding school year is less than 1,000, the clerk of the board of trustees may receive a salary of not to exceed $40 a month.
2. If the average daily attendance of pupils between the ages of 6 years and [18] 17 years attending school in the school district for the immediately preceding school year is 1,000 or more, the clerk of the board of trustees may receive a salary of not to exceed $80 a month.
κ1957 Statutes of Nevada, Page 302 (CHAPTER 215, SB 47)κ
the immediately preceding school year is 1,000 or more, the clerk of the board of trustees may receive a salary of not to exceed $80 a month.
3. The clerk shall:
(a) Keep the minutes of all meetings and transactions of the board of trustees.
(b) Subject to the written direction of the board of trustees, draw all orders for the payment of moneys belonging to the school district.
Sec. 2. NRS 388.050 is hereby amended to read as follows:
388.050 1. The board of trustees of a school district, with the approval of the deputy superintendent of public instruction of the proper educational supervision district, may create a new school attendance area in the school district and define its boundaries when:
(a) A school attendance area is not in existence.
(b) Transportation to an existing school is not feasible or practical.
2. Whenever the attendance of any school child or school children is the determining factor in the creation of a school attendance area, such child must be a resident child or such children must be resident children within the meaning of subsection 3 before any such school district shall be entitled to receive any apportionment of public school money.
3. As used in this Title of NRS, the terms resident child and resident children mean all normal children between the ages of 6 and [18] 17 years who have actually resided in the proposed school attendance area within the school district with a parent or parents, or a guardian or guardians, for a period of at least 3 months, but do not include:
(a) Children residing in the proposed school attendance area within the school district who have already completed the grades proposed to be taught in the school.
(b) Children whose parents or guardians reside or have their home outside the state or in any other school attendance area within the school district or in any other school district within the state.
4. A school attendance area shall be abolished when the board of trustees act according to the powers granted them in NRS 388.040.
Sec. 3. NRS 388.200 is hereby amended to read as follows:
388.200 1. The board of trustees of any school district in which not less than 15 children between the ages of 14 and [18] 17 years reside or are employed, which children have entered upon employment, and who are not attending regular school by reason of such employment, shall establish part-time schools or classes for such employed children.
2. Whenever any board of trustees shall deem it inexpedient to organize part-time schools or classes for employed minors, the board shall state the reasons for such inexpediency in a petition to the state board of education. When the state board of education, upon the recommendation of the superintendent of public instruction, accepts the reasons as valid, the board of trustees shall be excused from the establishment of such part-time schools or classes.
Sec. 4. NRS 388.250 is hereby amended to read as follows:
388.250 All employed children of this state between the ages of 14 and [18] 17 years shall attend part-time classes established in their respective school districts, unless they shall have completed the eight grades of the prescribed grammar school course, or the equivalent thereof, and are excused from such attendance by authority of the boards of trustees of their respective school districts for any of the following reasons:
κ1957 Statutes of Nevada, Page 303 (CHAPTER 215, SB 47)κ
and [18] 17 years shall attend part-time classes established in their respective school districts, unless they shall have completed the eight grades of the prescribed grammar school course, or the equivalent thereof, and are excused from such attendance by authority of the boards of trustees of their respective school districts for any of the following reasons:
1. That the distance between the place of employment and the school building is so great as to make part-time school attendance impossible or impracticable.
2. That the student is bound to an apprenticeship under a satisfactory contract.
3. That the student is excused from attendance at regular school in accordance with the terms of NRS 392.050 to 392.100, inclusive.
Sec. 5. NRS 388.270 is hereby amended to read as follows:
388.270 The employer of any minors under [18] 17 years of age shall:
1. Keep a list of minors so employed.
2. Keep on file the certificates issued by the boards of trustees of school districts.
3. Notify the board of trustees of the school district in which the child last attended school of the fact of employment.
4. Within 10 days after discharge of an employed minor, return the certificate to the board of trustees issuing it.
Sec. 6. NRS 388.280 is hereby amended to read as follows:
388.280 Whenever the number of hours for which a child between the ages of 14 and [18] 17 years may be employed are fixed by federal or state law, the hours of attendance in a part-time school or class organized in accordance with the provisions of NRS 388.200 to 388.320, inclusive, shall be counted as a part of the number of hours fixed for legal employment by federal or state laws.
Sec. 7. NRS 388.290 is hereby amended to read as follows:
388.290 Any person, firm or corporation employing a child between the ages of 14 and [18] 17 years shall permit the attendance of such child in a part-time school or class whenever such part-time school or class shall have been established in the school district where the child resides or is employed.
Sec. 8. NRS 388.300 is hereby amended to read as follows:
388.300 Unless excused in accordance with the provisions of this Title of NRS, every parent, guardian or other person in the state having control of any employed child between the ages of 14 years and [18] 17 years shall be required to send the child to a part-time school or class whenever a part-time school or class has been established in the school district where the child resides or is employed.
Sec. 9. NRS 388.310 is hereby amended to read as follows:
388.310 The officers charged by law with the responsibility for the enforcement of the attendance in regular public schools of children over 6 years of age shall also be charged with the responsibility for enforcement of attendance in part-time schools and classes of children between the ages of 14 and [18] 17 years, in accordance with the provisions of NRS 388.200 to 388.320, inclusive.
κ1957 Statutes of Nevada, Page 304 (CHAPTER 215, SB 47)κ
Sec. 10. NRS 388.320 is hereby amended to read as follows:
388.320 1. If any parent, guardian or other person having control or charge of any child between the ages of 14 and [18] 17 years shall fail to comply with the provisions of NRS 388.200 to 388.320, inclusive, he shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $100, or by imprisonment in the county jail for not less than 2 days nor more than 10 days, or by both fine and imprisonment.
2. Any person, firm or corporation employing any child between the ages of 14 and [18] 17 years contrary to the provisions of NRS 388.200 to 388.320, inclusive, shall be subject to a fine of not less than $10 nor more than $100 for each separate offense.
Sec. 11. NRS 392.040 is hereby amended to read as follows:
392.040 1. Except as otherwise provided by law, each parent, guardian, or other person in the State of Nevada having control or charge of any child between the ages of 7 and [18] 17 years shall be required to send such child to a public school during all the time such public school is in session in the school district in which such child resides.
2. If such child will arrive at the age of 6 years by December 31, the child shall be admitted to the first grade of the school at the beginning of the school year, and his attendance shall be counted for apportionment purposes as if he were already 6 years of age. If a child will not arrive at the age of 6 years by December 31 he shall not be admitted until the beginning of the immediately following school term.
Sec. 12. NRS 392.110 is hereby amended to read as follows:
392.110 1. Any student between the ages of 14 and [18] 17 years who has completed the work of the first eight grades may be excused from full-time school attendance and may be permitted to enter proper employment or apprenticeship, by the written authority of the board of trustees excusing the student from such attendance. The boards written authority shall state the reason or reasons for such excuse.
2. In all such cases no employer or other person shall employ or contract for the services or time of such student until the student presents a written permit therefor from the attendance officer or board of trustees. The permit shall be kept on file by the employer, and upon the termination of employment shall be returned by the employer to the board of trustees or other authority issuing it.
Sec. 13. NRS 392.120 is hereby amended to read as follows:
392.120 1. Any parent, guardian or other person who makes a false statement concerning the age or school attendance of a child under [18] 17 years of age who is under his control or charge, the false statement being made with intent to deceive under NRS 392.040 to 392.120, inclusive, or under NRS 392.130 to 392.220, inclusive, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $50 or by imprisonment in the county jail for not more than 25 days, or by both fine and imprisonment.
2. Any teacher, principal or superintendent of any public school is authorized to require the parent or guardian of any pupil enrolled in his school to furnish a birth certificate or other satisfactory evidence of the age of the pupil.
κ1957 Statutes of Nevada, Page 305 (CHAPTER 215, SB 47)κ
in his school to furnish a birth certificate or other satisfactory evidence of the age of the pupil.
Sec. 14. NRS 392.160 is hereby amended to read as follows:
392.160 1. Any peace officer, the attendance officer, or any other school officer shall, during school hours, arrest without warrant any child between the ages of 7 and [18] 17 years who has been reported to him by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which he is lawfully required to attend.
2. During the school hours, the arresting officer shall forthwith deliver the child arrested to the teacher. After school hours, he shall deliver the child to the parent, guardian or other person having control or charge of the child.
________
Senate Bill No. 42Senators Seevers, Brown, Lattin and Whitacre
CHAPTER 216
AN ACT to amend chapter 218 of NRS relating to the state legislature by creating a new provision relating to correction of typographical and clerical errors in the style and manner of printing contained in enrolled bills after adjournment of the legislature.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The legislative commission shall have the authority to correct typographical and clerical errors in the style and manner of printing contained in enrolled bills after such bills are signed by the governor and after the legislature has adjourned. A decision by the commission to correct typographical and clerical errors shall be made only upon a unanimous vote of all members present at the meeting, but no such decision shall be made at any meeting attended by less than seven members. The commission may be called into session for this purpose by its chairman at the request of the governor, or by the chairman in his discretion, or by a majority vote of the entire membership of the commission. All members of the senate and assembly shall be given written notice of all such meetings of the commission at least 10 days prior thereto. The notice shall contain a description of the typographical and clerical errors proposed to be corrected.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 306κ
Senate Bill No. 22Committee on Aviation, Transportation and Highways
CHAPTER 217
AN ACT to amend NRS section 405.030 relating to unlawful erection and placement of outdoor advertisements on state highway rights-of-way or roads.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 405.030 is hereby amended to read as follows:
405.030 1. Except within the limits of any city or town through which the highway may run, it shall be unlawful for any person, firm or corporation to paste, paint, print or in any manner whatever place or attach to any building, fence, gate, bridge, rock, tree, board, structure or anything whatever, any written, printed, painted or other outdoor advertisement, bill, notice, sign, picture, card or poster:
(a) Within the [limits of any improved state highway.] department owned or controlled right-of-way of any state highway or road.
(b) Within 20 feet of the main traveled way of any unimproved highway.
(c) On the property of another within view of any such highway, without such owners written consent.
2. Nothing herein shall be so construed as to prevent the posting or maintaining of any notices required by law to be posted or maintained, or the placing or maintaining of highway signs giving directions and distances for the information of the traveling public when such highway signs are approved by the department of highways.
________
Senate Bill No. 21Committee on Aviation, Transportation and Highways
CHAPTER 218
AN ACT to amend NRS section 321.350 relating to reservation of rights-of-way to the state for highway purposes over lands sold or contracted to be sold by the state land register.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 321.350 is hereby amended to read as follows:
321.350 1. All [lots, tracts, parcels, plots or subdivisions of] state lands that may hereafter be sold or contracted for sale by the state land register, and [upon,] over and across which there shall have been surveyed a definitely designated or a proposed state highway, shall be sold or contracted for sale with a right-of-way of 400 feet in width thereover reserved [to the State of Nevada for such highway of 200 feet in width.] in fee simple with all access and abutters rights in the name of the State of Nevada and its department of highways for such state highway.
κ1957 Statutes of Nevada, Page 307 (CHAPTER 218, SB 21)κ
2. After such land or lands shall be sold, if any such highway shall not be constructed and the plan for construction thereof is abandoned, or if such highway, after construction, shall be abandoned by proper [state] authority according to law, all the right, title and interest of the State of Nevada and its department of highways in and to [the] such right-of-way [reserved in this action] shall revert to and become the property of the purchaser of such land or lands, his assigns or successors in interest.
________
Senate Bill No. 49Senators Slattery, Leutzinger, Lamb and Frank
CHAPTER 219
AN ACT to amend NRS sections 617.460 and 617.480 relating to silicosis as an occupational disease; providing conditions of payment, compensation and procedure for the filing of claims; and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 617.460 is hereby amended to read as follows:
617.460 1. Silicosis shall be considered an occupational disease and shall be compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis shall be forever barred unless application shall have been made to the commission within 1 year after total disability or within 6 months after death.
3. Nothing in this chapter shall entitle an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
4. No compensation shall be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 4 years in employment in Nevada, some portion of which shall have been after July 1, 1947.
5. Compensation, medical, hospital and nursing expenses on account of silicosis shall be payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of chapter 616 of NRS, and only in the event of such disability or death resulting within 2 years after the last injurious exposure; provided, that:
(a) In the event of death following continuous total disability commencing within 2 years after the last injurious exposure, the requirement of death within 2 years after the last injurious exposure shall not apply.
[(b) The maximum compensation payable, exclusive of medical and funeral benefits for death or disability due to silicosis, shall not exceed $7,000.
κ1957 Statutes of Nevada, Page 308 (CHAPTER 219, SB 49)κ
funeral benefits for death or disability due to silicosis, shall not exceed $7,000.
[(c) Hospital, nursing and medical benefits shall be limited to an amount not exceeding $1,250.]
(b) The maximum sum payable, including compensation, medical, nursing and hospital benefits for death or disability due to silicosis shall not exceed $11,250. Compensation shall be payable in sums provided by chapter 616 of NRS. The sum payable to a claimant may be used for any or all of the following items: Compensation, hospital, medical or nursing benefits. The commission shall not allow the conversion of the compensation benefits provided for in this section into a lump sum payment notwithstanding the provisions of NRS 616.620. Payment of benefits and compensation shall be limited to the claimant and his dependents during the claimants lifetime only.
Sec. 2. NRS 617.480 is hereby amended to read as follows:
617.480 [A separate fund of $100,000, to be known as the special silicosis fund, is hereby created by transferring that amount from the state insurance fund of the commission, to be used for payment of compensation in case of silicosis arising under the following conditions:] Notwithstanding the provisions of NRS 617.460, compensation shall be paid from the state insurance fund in cases of silicosis arising under the following conditions:
1. No compensation shall be paid in case of silicosis, as defined in NRS 617.140, out of the [special silicosis] state insurance fund unless during the 20 years immediately preceding [March 29, 1955,] the effective date of this amendatory act, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 4 years in employment in mines in Nevada.
2. Compensation, medical, hospital and nursing expenses on account of silicosis shall be payable only in the event of permanent total disability, in accordance with the provisions of chapter 616 of NRS; provided,
[(a) That the maximum compensation payable, exclusive of medical, hospital and nursing benefits for permanent total disability due to silicosis, shall not exceed the sum of $5,000; and
[(b) That hospital, nursing and medical benefits shall be limited to an amount not exceeding the sum of $1,250.] that the maximum sum payable, including compensation, medical, nursing and hospital benefits for death or disability due to silicosis shall not exceed $11,250. Compensation shall be payable in sums provided by chapter 616 of NRS. The sum payable to a claimant may be used for any or all of the following items: Compensation, hospital, medical or nursing benefits. The commission shall not allow the conversion of the compensation benefits provided for in this section into a lump sum payment notwithstanding the provisions of NRS 616.620. Payment of benefits and compensation shall be limited to the claimant and his dependents during the claimants lifetime only.
3. Claims for compensation provided by this section on account of silicosis shall be forever barred unless application shall have been made to the commission within 6 months after [March 29, 1955.] the effective date of this amendatory act.
κ1957 Statutes of Nevada, Page 309 (CHAPTER 219, SB 49)κ
4. Where the employee is eligible to receive other compensation under this [section,] chapter, he shall not be entitled to compensation, medical, hospital and nursing expenses or payment of funeral expenses for silicosis out of the [special silicosis] state insurance fund. No employee who has received the full benefits as provided under this chapter shall be entitled to any further benefits under this section.
5. No person shall qualify for any benefits under this section unless he shall have actually and physically resided in the State of Nevada for an uninterrupted period of at least 20 years immediately preceding [March 29, 1955.] the effective date of this amendatory act.
[6. When the time for filing claims for compensation under this section has expired, any moneys remaining in the special silicosis fund shall immediately revert and shall be placed to the credit of the state insurance fund.]
6. If any person dies prior to receipt of maximum compensation and benefits allowed pursuant to subsection 2, the difference between the amount of compensation and benefits actually paid to or on behalf of such person and the maximum compensation and benefits payable pursuant to subsection 2 shall be placed in a special fund to be paid out as provided in subsection 7.
7. Notwithstanding the provisions of subsection 2, any moneys in the special fund created pursuant to subsection 6 shall be available for payment of compensation and medical, hospital and nursing benefits on a pro rata basis, to or on behalf of persons who have theretofore received the maximum compensation and benefits allowed pursuant to subsection 2.
Sec. 3. Any moneys remaining in the special silicosis fund created pursuant to the provisions of NRS 617.480 prior to its amendment by this amendatory act shall revert to the state insurance fund.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 126Senator Whitacre
CHAPTER 220
AN ACT to amend NRS section 539.080 relating to the compensation of members of the boards of directors of irrigation districts.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 539.080 is hereby amended to read as follows:
539.080 1. The members of the board of directors shall each receive [$10] not more than $20 per day and actual traveling expenses for each day spent attending meetings of the board or while engaged in official business under the order of the board.
2. The board shall fix the compensation to be paid to the other officers named in this chapter; but the board shall, upon the petition of a majority of the electors within the district, submit to the electors at any general election of the district a schedule of salaries and fees to be paid the directors and officers thereof.
κ1957 Statutes of Nevada, Page 310 (CHAPTER 220, SB 126)κ
to be paid the directors and officers thereof. Such petition shall be presented to the board 20 days prior to such general election and a schedule of salaries and fees submitted upon a two-thirds vote therefor shall be put into effect upon the first of the month next ensuing.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 465Nye County Delegation
CHAPTER 221
AN ACT to amend an act entitled An Act incorporating the city of Gabbs, in Nye County, Nevada, and defining the boundaries thereof; authorizing the establishment of a city government therefor; and other matters properly relating thereto, approved March 29, 1955.
[Approved March 25, 1957]
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 chapter 381, Statutes of Nevada 1955, at page 663, is hereby amended to read as follows:
Section 3. Wards. The city of Gabbs shall consist of [three] two wards, situate and described as follows:
1. All of section 33 and the west 1/2 of section 34, township 12 N., range 36 E., M.D.B.&M., shall be the first ward.
2. The southeast 1/4 of section 28, [and] the southwest 1/4 of section 27, the southeast 1/4 of section 27, the west 1/2 of section 26 and the northwest 1/4 of section 35, township 12 N., range 36 E., M.D.B.&M., shall be the second ward.
[3. The southeast 1/4 of section 27, the west 1/2 of section 26 and the northwest 1/4 of section 35, township 12 N., range 36 E., M.D.B.&M., shall be the third ward.]
For the purpose of convenience of holding elections there shall be but one voting precinct. All elective officers shall be elected by the voters of the city at large.
Sec. 2. Section 6 of the above-entitled act, being chapter 381, Statutes of Nevada 1955, at page 664, is hereby amended to read as follows:
Section 6. Officers-Elective. The elective officers of the city of Gabbs shall consist of a mayor and three councilmen. The mayor and one councilman shall be selected from the city at large, and one councilman shall be selected from each ward.
Sec. 3. Section 9 of the above-entitled act, being chapter 381, Statutes of Nevada 1955, at page 665, is hereby amended to read as follows:
Section 9. Officers, Appointive and Ex Officio-Enumeration of-Compensation. The county assessor of the county of Nye shall be ex officio assessor of the city of Gabbs; the justice of the peace of Gabbs township, county of Nye, shall be ex officio police judge and preside over the municipal court of the city of Gabbs; the city clerk shall be ex officio license collector of the city of Gabbs; the constable of Gabbs township, county of Nye, shall be ex officio city marshal of the city of Gabbs.
κ1957 Statutes of Nevada, Page 311 (CHAPTER 221, AB 465)κ
the city of Gabbs. The assessor of the county of Nye and ex officio city assessor of the city of Gabbs shall perform the duties of his office under the city without extra compensation, but for the performance of the duties of city assessor relative to special assessments as in this act provided, the board of councilmen, upon the request of the city assessor may appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessments; and the board of councilmen shall fix and pay the deputy such compensation as they deem fit. The assessor of the county of Nye, the justice of the peace and the constable of Gabbs township, county of Nye, shall be liable on their official bonds for the faithful discharge of their duties imposed on them by this act. The board of councilmen may fix, allow and pay a salary or fees to the ex officio judge and the ex officio city marshal, but not in excess of $150 each calendar month. The board of councilmen shall appoint a city clerk with a salary to be fixed by the board, which salary shall not be in excess of $250 per calendar month; and fees, not in excess of 8 percent for services as city license collector. The [county treasurer of Nye County shall be ex officio] board of councilmen shall appoint a city treasurer and for his services may receive a salary which shall not be in excess of $250 each calendar month. The board may also in its discretion appoint or employ a city attorney and a city auditor from time to time and compensate them for such legal advice and services as they may deem necessary. The board of councilmen may from time to time ordain and establish other offices with the right to fill the same by appointment and prescribe the duties thereof. The duties and compensation of the appointive officers shall be fixed, allowed and paid by the board of councilmen out of such city funds as the board may designate. Any one or more of such appointive offices may, in the discretion of the board of councilmen, be combined and the duties thereof discharged by one person.
Sec. 4. The above-entitled act, being chapter 381, Statutes of Nevada 1955, at page 662, is hereby amended by adding thereto a new section to be designated as section 7.5, which shall immediately follow section 7 and shall read as follows:
Section 7.5. Any qualified resident voter of the city of Gabbs who shall have voted at the last previous general municipal election shall not be required to register in order to be entitled to vote at the next succeeding general election of the city of Gabbs. Registration of voters for each general municipal election shall close on April 1 next preceding such election.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 312κ
Assembly Bill No. 136Mr. Von Tobel
CHAPTER 222
AN ACT to amend NRS section 62.190 relating to the assignment of powers and duties of the juvenile division of the district court among district judges, and hearings held by such juvenile division.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.190 is hereby amended to read as follows:
62.190 1. In counties where there are two or [more] three judges, the judges, by mutual consent, may assign during such periods as they may order, all the powers and duties granted them under this chapter to any one of their number, or they may divide the powers and duties between them in any manner they see fit.
2. In counties where there are four or more judges, the judges, by mutual consent, shall assign one such district judge to serve for a period of 2 years as the judge of the juvenile division of such district court. If the judges cannot agree, the chief justice of the supreme court shall assign one such district judge to serve for a period of 2 years as the judge of the juvenile division of such district court. All the powers and duties granted to district judges under this chapter shall devolve upon the district judge so assigned and his primary duties shall be to administer the provisions of this chapter. If from any cause the designated district judge is unable to act, any other district judge of the county may act temporarily as judge of the juvenile division of such court during the absence or disability of the judge regularly assigned thereto.
[2.] 3. Proceedings under this chapter against any child shall not be deemed to be criminal or criminal in nature. Any proceeding under this chapter against a child shall be heard separately from the trial of cases against adults, and without a jury. The hearing shall be conducted in an informal manner [.] and may be held at a juvenile detention facility or elsewhere at the discretion of the judge. Stenographic notes or other transcript of the hearing shall be required only if the court so orders. The general public shall be excluded and only such persons admitted as have a direct interest in the case and as may be ordered by the judge, or, in case of a reference, as may be ordered by the referee.
________
κ1957 Statutes of Nevada, Page 313κ
Assembly Bill No. 427Mr. Waters
CHAPTER 223
AN ACT to amend NRS sections 361.320 and 361.325 relating to the Nevada tax commissions authority to establish valuations of property of an interstate and intercounty nature and valuations of livestock, motor vehicles and land, and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.320 is hereby amended to read as follows:
361.320 1. At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which shall in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, motor bus, motor truck, air transport, electric light and power companies, together with their franchises, and the property and franchises of all express companies operating on any common or contract carrier in this state.
2. The foregoing shall be assessed as follows: The Nevada tax commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, the Nevada tax commission shall then proceed to determine the total aggregate mileage operated within the state and within the several counties thereof, and apportion the same upon a mile-unit valuation basis, and the number of miles so apportioned to any county shall be subject to assessment in that county according to the mile-unit valuation so established by the Nevada tax commission. The Nevada tax commission shall prepare and adopt formulas, and cause the same to be incorporated in its records, providing the method or methods pursued in fixing and establishing the full cash value of all franchises and property assessed by it. Such formulas shall be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but such formulas shall in any event show all the elements of value considered by the Nevada tax commission in arriving at and fixing the value for any class of property assessed by it.
3. The word company shall be construed to mean and include any person or persons, company, corporation or association engaged in the business described.
4. In case of the omission by the Nevada tax commission to establish a valuation for assessment purposes upon the property mentioned in this section, the county assessors of any counties wherein such property is situated shall assess the same.
5. All other property shall be assessed by the county assessors, except that the valuation of land, livestock, mobile homes and motor vehicles shall be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.
κ1957 Statutes of Nevada, Page 314 (CHAPTER 223, AB 427)κ
vehicles shall be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.
6. On or before the 1st Monday in December the Nevada tax commission shall transmit to the several county assessors the assessed valuation found by it on such classes of property as are enumerated in this section, together with the apportionment of each county of such assessment. The several county assessors shall enter on the roll all such assessment transmitted to them by the Nevada tax commission.
Sec. 2. NRS 361.325 is hereby amended to read as follows:
361.325 1. The Nevada tax commission may continue in session from day to day after the session of the state board of equalization for the purpose of considering the tax affairs of the state.
2. After the adjournment of the state board of equalization and on or before the 1st Monday in June of each year, the Nevada tax commission shall:
(a) Fix and establish the valuation for assessment purposes of all livestock, mobile homes and motor vehicles in the state; and
(b) Classify land and fix and establish the valuation thereof for assessment purposes.
3. The valuation of livestock, mobile homes, motor vehicles and land so fixed and established shall be for the next succeeding year and shall be subject to equalization by the state board of equalization at the February meeting thereof for such year.
4. The Nevada tax commission shall have the power to cause to be placed on the assessment roll of any county property found to be escaping taxation coming to its knowledge after the adjournment of the state board of equalization. Such property shall be placed upon the assessment roll prior to the delivery thereof to the ex officio tax receiver. If such property cannot be placed upon the assessment roll of the proper county within the proper time, it shall thereafter be placed upon the tax roll for the next ensuing year, in addition to the assessment for the current year, if any, and taxes thereon shall be collected for the prior year in the same amount as though collected upon the prior years assessment roll.
5. The Nevada tax commission shall not raise or lower any valuations established at the session of the state board of equalization unless, by the addition to any assessment roll of property found to be escaping taxation, it shall be found necessary so to do.
6. Nothing in this section shall be construed as providing an appeal from the acts of the state board of equalization to the Nevada tax commission.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 315κ
Assembly Bill No. 216Committee on Ways and Means
CHAPTER 224
AN ACT to amend NRS sections 78.150 and 78.160 relating to the filing of lists of officers, directors and resident agents of corporations; prescribing fees and the duties of the secretary of state; and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.150 is hereby amended to read as follows:
78.150 1. Every corporation organized under the laws of this state shall, on or before July 1 of each year, file with the secretary of state a list of the officers and directors, a designation of its resident agent in this state, and a certificate of acceptance signed by the resident agent so designated, the list of officers and designation of resident agent to be certified by the president, secretary or other officer of the corporation.
2. Upon filing the list of officers, designation of resident agent, and certificate of acceptance of resident agent, every such corporation shall pay to the secretary of state a fee of [$5.] $10.
3. The secretary of state shall, 30 days prior to July 1 of each year, cause to be mailed to all corporations required to comply with the provisions of NRS 78.150 to 78.190, inclusive, and which have not theretofore become delinquent, the blank forms to be filed with the secretary of state. Failure of any corporation to receive the forms will not excuse such corporation from the penalty imposed by the provisions of NRS 78.150 to 78.190, inclusive.
Sec. 2. NRS 78.160 is hereby amended to read as follows:
78.160 1. Every corporation hereafter organized under the laws of this state shall, within 60 days after the filing of its articles of incorporation with the secretary of state:
(a) File a list of its officers and directors, a designation of its resident agent, and a certificate of acceptance signed by the resident agent so designated.
(b) Pay to the secretary of state a fee therefor of [$5] $10.
2. Annually thereafter such corporation shall make like filing and pay the fee set forth in NRS 78.150.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 316κ
Assembly Bill No. 248Committee on Judiciary
CHAPTER 225
AN ACT to amend chapter 122 of NRS relating to marriage by creating a new provision relating to marriage of females under 16 years or males under 18 years with consent of parent or guardian and authorization of a district court.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 122 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding the provisions of NRS 122.020, the district court may authorize the marriage of females under the age of 16 years or males under the age of 18 years upon the written consent of the parents or guardian of any such person.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 317Clark County Delegation
CHAPTER 226
AN ACT to amend an act entitled An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 51 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 174, is hereby amended to read as follows:
Section 51. City Taxes. The board shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding [one and one-half (1 1/2)] 1.6 per cent upon the assessed value of all real estate, and personal property within the city made taxable by law; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for collection of state and county taxes; and the revenue laws of the state shall, in every respect not inconsistent with the provisions of this act, be deemed applicable and so held to the levying, assessing and collecting of the city taxes; provided, that in the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization, as are the state and county. And whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing and collecting the state and county revenues, shall with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenue of the city.
κ1957 Statutes of Nevada, Page 317 (CHAPTER 226, AB 317)κ
may be necessary, be used in levying, assessing and collecting the revenue of the city. The board shall enact all such ordinances as it may deem necessary and not inconsistent with this act and the laws of the state, for the prompt, convenient and economical collecting of the city revenue.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 323Committee on Judiciary
CHAPTER 227
AN ACT to amend NRS section 213.120 relating to paroling of prisoners serving life sentences by denying and limiting eligibility for parole of certain prisoners.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 213.120 is hereby amended to read as follows:
213.120 1. No prisoner imprisoned under [the sentence for life shall be paroled until he has served at least 7 calendar years.] a verdict or judgment and sentence of life imprisonment without possibility of parole shall be eligible for parole.
2. No prisoner imprisoned under a verdict or judgment and sentence of life imprisonment shall be paroled until he has served at least 7 calendar years.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 325Mr. Nevin
CHAPTER 228
AN ACT to amend NRS section 527.050 relating to the unlawful removal or destruction of Christmas trees and flora, and providing penalties; and to amend chapter 527 of NRS by creating new provisions relating to the cutting and shipping of Christmas trees, providing penalties, and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 527.050 is hereby amended to read as follows:
527.050 1. After March 26, 1937, it shall be unlawful for any person, firm, company or corporation, his, its or their agent or agents, willfully or negligently to cut, destroy, mutilate, pick or remove any tree, [Christmas tree,] shrub, plant, fern, wild flower, cacti, desert flora, or any seeds, roots or bulbs of either or any of the foregoing from any of the lands owned by or under the control of the State of Nevada [,] or the United States, or from any private lands, without a written permit [from the board of county commissioners of the county in which the same may be situated, in the case of land owned or controlled by the state, or without written permission] therefor from the owner or occupant of any private land [, in the case of private land.],
κ1957 Statutes of Nevada, Page 318 (CHAPTER 228, AB 325)κ
county in which the same may be situated, in the case of land owned or controlled by the state, or without written permission] therefor from the owner or occupant of any private land [, in the case of private land.], or his duly authorized agent.
[2. For the purpose of this section, a Christmas tree shall include any evergreen tree or part thereof cut and removed from the place where grown without the foliage having been removed.]
[3.] 2. Every person violating 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 $10 nor more than $200, or by imprisonment in the county jail for not less than 5 days nor more than 3 months for every violation. [All Christmas trees unlawfully cut and possessed shall be subject to confiscation by a forest ranger or any peace officer.]
3. The state forester firewarden and his representatives, public officials charged with the administration of reserved and unreserved lands belonging to the United States, and peace officers shall enforce the provisions of this section.
4. The provisions of this section shall not apply:
(a) To persons picking cacti or other desert flora for the use and adornment of homes and gardens within the State of Nevada.
(b) To institutions of learning of this state or of the United States, or research activity conducted for purely scientific purposes or in the advancement of agriculture, botany or any of the sciences.
Sec. 2. Chapter 527 of NRS is hereby amended by adding thereto the provisions set forth as sections 2.5 to 8, inclusive, of this act.
Sec. 2.5. For the purpose of sections 2.5 to 8, inclusive, of this act, a Christmas tree shall include any evergreen tree or part thereof cut and removed from the place where grown without the foliage having been removed.
Sec. 3. For the purpose of sections 2.5 to 8, inclusive, of this act, the cutting of Christmas trees for commercial purposes shall mean the cutting of six or more Christmas trees in any 1 calendar day or the cutting of less than six Christmas trees each for 7 or more consecutive calendar days. A person proposing to cut Christmas trees for commercial purposes on any state, county or privately owned lands shall give notice to that effect to the state forester firewarden. Upon receipt of such notice the state forester firewarden shall provide the person with registration forms, and such forms must be completed and returned to the state forester firewarden at least 10 days prior to the commencement of cutting operations. If it shall appear to the state forester firewarden that the person who has registered is entitled to cut the Christmas trees, he shall issue a permit to ship the same, and a sufficient number of tags so that each tree cut may be tagged if the source of the trees to be cut is not federal land.
Sec. 4. Trees cut for Christmas trees for commercial purposes in Nevada which are to be transported by railroad or other means to other localities in or out of the State of Nevada must be accompanied by a shipping permit issued by the state forester firewarden, or his duly authorized agent. Trees which are shipped into the State of Nevada must be accompanied by a shipping permit if required by the laws of the state of origin, or by a duly notarized permit, or contract signed by the landowner, or his authorized agent, showing the origin by legal land description and the number of trees cut in the lot being transported.
κ1957 Statutes of Nevada, Page 319 (CHAPTER 228, AB 325)κ
must be accompanied by a shipping permit if required by the laws of the state of origin, or by a duly notarized permit, or contract signed by the landowner, or his authorized agent, showing the origin by legal land description and the number of trees cut in the lot being transported.
Sec. 5. All trees cut for Christmas trees for commercial purposes must have attached thereto a tag issued by the state forester firewarden, by the Bureau of land Management, or by the United States Forest Service.
Sec. 6. Except as otherwise provided by law, it shall be unlawful for any person, firm, company or corporation, his, its or their agent or agents, to willfully or negligently cut, destroy, mutilate or remove any tree or branches thereof, or knowingly transport or sell any tree or its branches from any of the lands owned by or under the jurisdiction of the State of Nevada or its counties, or on any reserved or unreserved lands owned by the United States, or from any privately owned lands, without written permission from the legal owner, or his duly authorized agent, specifying locality by legal land description and number of trees to be cut. This section shall not apply to necessary cutting or trimming of trees if done for maintenance of electric powerlines, telephone lines, or other property of a public utility, or to a logging operation.
Sec. 7. 1. The state forester firewarden, or his duly authorized agent, officials of the United States Forest Service or of the Bureau of Land Management, and peace officers are hereby authorized to confiscate trees which have been cut in a manner not authorized by law. Trees which are confiscated shall be sold to the highest bidder therefor, by the sheriff of the county wherein the trees were confiscated. The sale shall be held by the sheriff in a like manner as on an execution.
2. If it is determined that the trees originated on privately owned lands, the owner thereof shall be notified of the sale, and the proceeds of the sale, after deducting the cost thereof, shall be paid over to the owner.
3. If the owner of the lands cannot be determined, or if the trees originated on public lands, the net proceeds of sale shall be deposited in the general fund of the state.
Sec. 8. Every person who shall violate any provision of this chapter, not otherwise punishable, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50, or by imprisonment in the county jail for not less than 10 days, or by both fine and imprisonment.
Sec. 9. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 320κ
Assembly Bill No. 304Mr. Byrne
CHAPTER 229
AN ACT to amend NRS sections 361.090 and 361.155 relating to the time for claiming certain tax exemptions on real property; and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.090 is hereby amended to read as follows:
361.090 1. The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada for a period of more than 3 years who has served a minimum of 90 days on active duty (unless sooner discharged or retired by reason of service-incurred disability) in the Armed Forces of the United States in time of war, or who has served a minimum of 90 days on active duty (unless sooner discharged or retired by reason of service-incurred disability) in the Armed Forces of the United States after June 1, 1950, and prior to January 31, 1955 (the date of the executive order of the President terminating combatant activities in the campaign against the North Koreans and Chinese Communists in Korea), and upon severance of service has received an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, shall be exempt from taxation. Service in time of war shall mean service in the Armed Forces of the United States during a war declared by Congress.
2. For the purpose of this section the first $1,000 assessed valuation of property in which such person has any interest shall be deemed the property of such person.
3. The exemption shall be allowed only to a claimant who shall make an affidavit annually, on or before the 1st Monday in [October,] August, for the purpose of being exempt on the tax roll, but the affidavit may be made at any time by a person claiming exemption from taxation on personal property.
4. The affidavit shall be made before the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada and has been an actual bona fide resident of the State of Nevada and established his residence for a period of more than 3 years immediately preceding the making of the affidavit, and that such exemption is claimed in no other county within this state.
5. Persons in actual military service shall be exempt during the period of such service from filing annual affidavits of exemption and the county assessors are directed to continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, such affidavit may be made in his behalf during the period of such service by any person having knowledge of the facts.
κ1957 Statutes of Nevada, Page 321 (CHAPTER 229, AB 304)κ
6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof of status of such veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
7. If any person shall make a false affidavit or produce false proof to the county assessor, and as a result of such false affidavit or false proof a tax exemption is allowed to a person not entitled to such exemption, he shall be punished by a fine not exceeding $1,000 or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.
Sec. 2. NRS 361.155 is hereby amended to read as follows:
361.155 Notwithstanding any other provisions of this chapter or any section or subsection thereof, all claims for tax exemptions on real property, which are based on NRS 361.080, 361.085 and 361.090, shall be filed on or before the 1st Monday in August of the year for which the exemption is claimed; all other claims for exemptions shall be filed on or before the 1st Monday in October of the year for which the exemption is claimed.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 377Committee on Judiciary
CHAPTER 230
AN ACT to amend NRS section 11.150 relating to the additional requirements of occupancy and payment of taxes to establish adverse possession of real property.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 11.150 is hereby amended to read as follows:
11.150 In no case shall adverse possession be considered established unless it be shown, in addition to the requirements [or] of NRS 11.120 or 11.140, that the land has been occupied and claimed for the period of 5 years, continuously, and that the party or persons, their predecessors and grantors have paid all taxes, state, county and municipal, which may have been levied and assessed against the land for the period mentioned, or have tendered payment thereof.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 322κ
Assembly Bill No. 360Mr. Pasquale
CHAPTER 231
AN ACT to amend NRS section 528.100 relating to state cooperative agreements for establishment of nursery sites, and to amend chapter 528 of NRS relating to forest practice and reforestation by creating new provisions relating to the state forester firewarden and operation of state nurseries.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 528.100 is hereby amended to read as follows:
528.100 1. In order to aid agriculture, conserve water resources, renew the timber supply, and in other ways advance the general welfare and bring about benefits resulting from reforestation and the establishment of windbreaks, shelterbelts, and farm woodlots on [denuded] lands in the State of Nevada, the [governor] state forester firewarden is authorized and directed [to appoint a representative] to act for the State of Nevada in negotiating for and entering into cooperative agreements with the United States of America, with the governing bodies of the counties and other political subdivisions of this state, and with organizations and individuals for the purpose of securing the establishment and development of a nursery site or sites for the procurement and production of forest tree seeds and plants.
2. The [representative] state forester firewarden is authorized [:]
[(a) To] to receive money contributions from cooperators under the cooperative agreement, such contributions to be paid into the state treasury as a special fund which is hereby appropriated and made available until expended for use in conducting the state activities authorized by this section.
[(b) To use such clerical and other office services as are under his direction and employed by the State of Nevada at the time of his appointment, and to expend from the funds herein made available for carrying out the purposes of this section such sums as are necessarily incurred by him for travel expense in carrying out the provisions of any cooperative agreement entered into with the United States of America under authority vested in him by this section, but not exceeding the sum of $5 per day.]
Sec. 2. Chapter 528 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. Any state nursery authorized by this chapter shall be operated under management of the state forester firewarden and shall grow stock for use as provided in this section.
2. The state forester firewarden may:
(a) Purchase nursery stock and seed.
(b) Engage in seed and tree development work.
(c) Demonstrate methods of tree planting to public or private organizations or individuals.
(d) Distribute, without charge, trees for planting on public property for the purposes of soil erosion control, watershed protection, wildlife protection and beautification of streets, highways and school grounds.
κ1957 Statutes of Nevada, Page 323 (CHAPTER 231, AB 360)κ
(e) Distribute, at cost of production, trees for planting on private property for the purposes of production of forest or woodlot products, reforestation, and providing farm windbreaks.
3. Trees distributed by the state forester firewarden under the provisions of paragraph (e) of subsection 2 shall be used only for the purposes therein set forth.
4. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
Sec. 4. The state forester firewarden may order the construction of such buildings, the purchase of such equipment and the employment of such personnel as shall be necessary to effectuate the provisions of this chapter, and as shall be authorized by law.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 165Mr. Christensen (Washoe)
CHAPTER 232
AN ACT to amend NRS section 473.050 relating to the levy, collection, deposit and use of special taxes for fire protection districts receiving federal aid; to amend NRS section 473.090 relating to unlawful acts of burning and blasting in such fire protection districts; to amend chapter 473 of NRS by adding a new provision relating to the inclusion and exclusion of territory in and from such fire protection districts.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 473.050 is hereby amended to read as follows:
473.050 1. With the approval of the state board of forestry and fire control, the state forester firewarden shall:
(a) Prepare a budget estimating the amount of money which will be needed to defray the expenses of the district organized under the provisions of NRS 473.020 and 473.030.
(b) Determine the amount of a special tax sufficient to raise the sum estimated to be necessary.
2. When so determined, the state forester firewarden shall certify the amount of the estimated sum and the estimated tax to the board of county commissioners in the county or counties wherein such district or portion thereof is located. At the time of making the levy of county taxes for that year, the board of county commissioners may levy the tax certified, or a tax determined by the board of county commissioners to be sufficient for the purpose, upon all the real property, together with improvements thereon, and all telephone lines, powerlines and other public utility lines which are defined as personal property within the provisions of NRS 361.030, in the district within its county. Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized herein shall be based upon valuations as established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.
κ1957 Statutes of Nevada, Page 324 (CHAPTER 232, AB 165)κ
3. If levied, the tax shall be entered upon the assessment roll and collected in the same manner as state and county taxes.
4. When collected, the tax herein provided for shall be deposited in the state treasury in the forest protection fund created by NRS 472.050, and shall be used for the sole purpose of the prevention and suppression of fires in such organized fire protection districts. All claims against the fire protection fund shall be certified by the state forester firewarden, approved by the state board of examiners, and paid out of the fire protection fund as other claims against the state are paid.
Sec. 2. NRS 473.090 is hereby amended to read as follows:
473.090 1. [Within the boundaries of any fire protection district organized under this chapter,] Except as otherwise provided in this section, it shall be unlawful within the boundaries of any fire protection district organized under this chapter for any person, firm, association, corporation or agency to burn, or cause to be burned, any brush, grass, logs or any other inflammable material, or blast with dynamite, powder or other explosive, or set off fireworks, or operate a welding torch, tarpot or any other device that may cause a fire in forest, grass or brush, either on his own land or on the land of another, or on public land, [between May 1 and October 31 of any year,] unless such burning or act is done under a written permit from the state forester firewarden or his duly authorized agent and in strict accordance with the terms of the permit.
2. Written permission shall not be necessary [to] :
(a) At any time during the year when the state forester firewarden determines that no fire hazard exists.
(b) To burn materials in screened, safe incinerators, or in incinerators approved by the state forester firewarden or his duly authorized agent, or in small heaps or piles, where the fire is set on a public road, corrals, gardens or ploughed fields, and at a distance not less than 100 feet from any woodland, timber or brush-covered land or field containing dry grass or other inflammable material with at least one adult person in actual attendance at such fire at all times during its burning.
3. Nothing in this section shall be construed to prevent the issuance of an annual permit to any public utility covering its usual and emergency operation and maintenance work within the district.
4. No provision of this section shall be construed to prevent the building of necessary controlled small camp and branding fires, but caution must be taken to make certain that the fire is extinguished before leaving, and, in any case where the fire may escape and do injury to the property of another, this may be held as prima facie evidence that such fire was not safe.
5. The provisions of this section shall apply only to such portions of the fire protection district as are outside incorporated cities and towns.
6. Any person, firm, association, corporation or agency violating any of the provisions of this section shall be guilty of a misdemeanor.
Sec. 3. Chapter 473 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1957 Statutes of Nevada, Page 325 (CHAPTER 232, AB 165)κ
1. The boundaries of any fire protection district organized under this chapter may be altered by the inclusion of new territory therein or by the exclusion of territory comprising a part of the district in the manner provided in this section.
2. Upon receiving a written petition containing a description of the territory proposed to be excluded or to be included (which territory shall be contiguous to the district), which petition shall contain a statement advising the signers that their property will be subject to the levy of a tax for the support of the fire protection district, and signed by not less than a majority of the property owners within such territory, the state forester firewarden shall determine the feasibility of including or excluding such territory and shall notify the board of directors of the district of his decision.
3. The board of directors, upon receipt of a notice in writing from the state forester firewarden of the decision to include territory in or to exclude territory from the fire protection district, shall prepare a resolution:
(a) Describing the territory to be included or excluded; and
(b) Stating the purpose for such inclusion or exclusion.
4. Upon the adoption of the resolution the board of directors shall forthwith notify the state forester firewarden of such resolution. Such territory shall be deemed to be included in or excluded from the fire protection district from the date of such resolution.
5. Upon the inclusion of any contiguous territory in a fire protection district the state forester firewarden shall establish rules and regulations for the organization of the territory to meet the terms of the Clarke-McNary Act.
________
Assembly Bill No. 391Committee on Education
CHAPTER 233
AN ACT to amend NRS sections 390.090, 390.100, 390.120, 390.150 and 390.190 relating to meetings of the state textbook commission and the selection and adoption of textbooks by the state textbook commission; and other matters properly relating thereto.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 390.090 is hereby amended to read as follows:
390.090 1. The state textbook commission shall hold regular meetings to adopt textbooks in the office of the superintendent of public instruction in Carson City, Nevada, not later than the 3rd Tuesday in March 1956, and not later than the 3rd Tuesday in March every [2 years] year thereafter, unless an earlier date is requested by a majority of the members. The secretary shall give written notice of the meetings.
2. At the request or with the consent of five members, the secretary may call a special meeting whenever there is important business to justify the call.
κ1957 Statutes of Nevada, Page 326 (CHAPTER 233, AB 391)κ
to justify the call. The written call given by the secretary shall state definitely the purpose of the meeting.
3. All meetings of the state textbook commission shall be public. The secretary shall keep a full and correct record of all proceedings, which record shall be open to public inspection.
4. The state textbook commission shall not be in session more than 20 days in any 1 year.
Sec. 2. NRS 390.100 is hereby amended to read as follows:
390.100 1. At the meeting held not later than the 3rd Tuesday in March 1956, and not later than the 3rd Tuesday in March every [2 years] year thereafter, the state textbook commission may adopt a uniform series of textbooks for exclusive use as textbooks in all the elementary public schools of the state.
2. When regular adoptions are being made, the state textbook commission may adjourn from day to day, but the session shall not continue beyond 15 actual days.
3. Votes on the adoption of all textbooks shall be by roll call, and the secretary shall record the name and the vote of each member.
Sec. 3. NRS 390.120 is hereby amended to read as follows:
390.120 1. Not later than November 10, 1957, and every [2 years] year thereafter, if the state textbook commission shall deem it advisable to make changes in the lists of prescribed textbooks, the secretary shall notify all publishers of textbooks who have placed their names and post office addresses on file with the superintendent of public instruction that up to 12 m. of the first day set for the meeting of the state textbook commission the state textbook commission will receive sealed proposals for supplying the State of Nevada with a series of textbooks and approved supplemental books for use in all the public elementary schools of the state for [a period of 4 years] such period or periods as may be determined by the state textbook commission from and after September 1 next following the meeting, the books to cover the following subjects: Reading, grammar, arithmetic, geography, history of the United States, physiology and hygiene, writing, spelling, drawing, music, and such other subjects as are approved by the state board of education.
2. Sealed proposals shall:
(a) Be made in accordance with a form to be prescribed by the state textbook commission.
(b) Be addressed to the superintendent of public instruction, Carson City, Nevada.
(c) Be endorsed, Sealed proposals for supplying textbooks for use in the State of Nevada.
(d) Include a statement of the introductory price, the exchange price for new books in the hands of dealers, the exchange price for secondhand books, and the retail price at which publishers will agree to furnish each textbook to the school children of Nevada at one or more places in the state designated as state textbook depositories by the state textbook commission.
Sec. 4. NRS 390.150 is hereby amended to read as follows:
390.150 1. The series of textbooks selected and approved by the state textbook commission shall be certified to by the president and the secretary.
κ1957 Statutes of Nevada, Page 327 (CHAPTER 233, AB 391)κ
the secretary. The certificate, with a copy of the books named therein, shall be filed in the office of the superintendent of public instruction.
2. The certificate shall contain a complete list of all books adopted and approved by the state textbook commission, giving introductory, exchange and retail prices for which each textbook will be furnished, and the names of the publishers agreeing to furnish the same.
3. The books named in the certificate shall, for [a period of 4 years] such period or periods as may be determined by the state textbook commission, from and after September 1 next following the date of adoption, be used in all the public schools of the state to the exclusion of all others.
4. Nothing in this chapter shall be construed so as to prevent the purchase or use by a school district after approval by the superintendent of public instruction of any supplemental or reference books for use in the schools of this state.
Sec. 5. NRS 390.190 is hereby amended to read as follows:
390.190 1. If, on or before July 15 next following the adoption of any textbooks by the state textbook commission, a publisher shall not have filed with the secretary of state a bond as required by NRS 390.120 to 390.210, inclusive, or if the publisher shall at any time thereafter fail to comply with the terms of the contract, and if, within a reasonable time after notice shall have been given by the superintendent of public instruction, the publisher shall have failed to comply with the conditions of the contract in any respect, the adoption of such books shall become void.
2. The textbooks adopted by the state textbook commission under this Title of NRS shall, upon the compliance of the publishers with the required conditions, continue in use for [the period of 4 years] such period or periods as may be determined by the state textbook commission after September 1 next following the date of such adoption, to the exclusion of all other textbooks.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 407Committee on Judiciary
CHAPTER 234
AN ACT to amend NRS section 206.120 relating to the malicious destruction of public utility property.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 206.120 is hereby amended to read as follows:
206.120 1. Every person who shall willfully and maliciously remove, damage or destroy a pipe or main for conducting gas, water or oil, or any works erected for the purpose of supplying buildings therewith, or any appurtenance or appendage thereto, shall be guilty of a misdemeanor.
κ1957 Statutes of Nevada, Page 328 (CHAPTER 234, AB 407)κ
2. Any person who shall willfully and maliciously shoot and destroy any telephone or electric powerline insulator, any other public utility powerline insulator or any telephone or powerline cable shall be guilty of a misdemeanor.
________
Assembly Bill No. 415Messrs. Valentine and Christensen (Washoe)
CHAPTER 235
AN ACT to amend NRS section 303.210 relating to the provision of voting machines for all polling places and their custody when not in use.
[Approved March 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 303.210 is hereby amended to read as follows:
303.210 1. The commissioners adopting voting machines shall, as soon as practicable thereafter, provide for each polling place one or more voting machines in complete working order. When not in use at an election, the commissioners shall have the custody of the machines and of the furniture and equipment of the polling place.
2. In counties whose commissioners have adopted voting machines wherein there are located cities of more than 5,000 population, the commissioners shall provide one voting machine at a public place in each of such cities and under the supervision of the county clerk or his deputy for the purpose of absent ballot voting as provided in NRS 300.060.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 371Mr. Hill
CHAPTER 236
AN ACT to amend chapter 48 of NRS relating to witnesses by creating a new provision relating to confidential communications between accountants and their clients, and other matters properly relating thereto.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 48 of NRS is hereby amended by adding thereto a new section which shall read as follows:
An accountant cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment; nor can an accountants secretary, stenographer or clerk be examined without the consent of his employer concerning any fact, the knowledge of which has been acquired in such capacity.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 329κ
Assembly Bill No. 301Committee on Judiciary
CHAPTER 237
AN ACT to amend NRS section 176.300 relating to suspension of execution of sentence by court; providing terms and conditions of probation.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 176.300 is hereby amended to read as follows:
176.300 1. Whenever any person has been found guilty in a district court of the State of Nevada of a crime upon verdict or plea, the court, except in cases of murder of first or second degree, kidnaping, robbery, lewdness or rape, other than statutory rape, may by its order suspend the execution of the sentence imposed and grant such probation to the convicted person as the judge thereof shall deem advisable.
2. The district judge shall not grant probation until a written report is received by him from the chief parole and probation officer except that when the defendant is a bona fide resident of the county the district judge may grant probation without a written report of the chief parole and probation officer and the district judge shall state the fact of the defendants residence in the transcript forwarded to the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 10 days following a request for a probation investigation from the county clerk, and if no report is submitted by the chief parole and probation officer within 10 days the district judge may grant probation without the written report.
3. Upon the granting of such probation, the court shall have full power to fix the terms and conditions thereof in the order therefor; but in imposing sentence the court shall have the power to fix the definite term of imprisonment within the minimum and maximum periods fixed by law, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence.
4. In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the board and of the chief parole and probation officer.
5. The court shall also, upon the entering of the order of probation or suspension of sentence, as provided for in NRS 176.220 to 176.370, inclusive, direct the clerk of such court to certify a copy of the records in the case and deliver the same to the chief parole and probation officer.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 330κ
Assembly Bill No. 296Committee on Judiciary
CHAPTER 238
AN ACT to amend NRS section 200.030 relating to the degrees of murder; providing authority for the jury or court to determine the degree of murder and to fix the penalty if the defendant is found guilty; providing penalties; and other matters properly relating thereto.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 200.030 is hereby amended to read as follows:
200.030 1. All murder which shall be perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate and premeditated killing, or which shall be committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery or burglary, or which shall be committed by a convict in the state prison serving a sentence of life imprisonment, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree.
2. The jury before whom any person indicted for murder shall be tried shall, if they find such person guilty thereof, designate by their verdict whether it be murder of the first or second degree; but, if such person shall be convicted on confession in open court, the court shall proceed, by examination of witnesses, to determine the degree of the crime and give sentence accordingly.
3. If the jury shall find the defendant guilty of murder in the first degree, then the jury by its verdict shall fix the penalty at death or imprisonment in the state prison for life[.] with or without possibility of parole. Upon a plea of guilty the court shall determine the same; and every person convicted of murder of the second degree shall suffer imprisonment in the state prison for a term of not less than 10 years, which term may be extended to life.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 39Committee on Judiciary
CHAPTER 239
AN ACT to amend NRS section 108.140 relating to notices of nonresponsibility for costs of construction, alteration or repair, and the posting and filing thereof by the owner or claimant of an interest in land.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.140 is hereby amended to read as follows:
108.140 [1.] Every building or other improvement mentioned in NRS 108.020, constructed upon any lands with the knowledge of the owner or the person having or claiming any interest therein, shall be held to have been constructed at the instance of such owner or person having or claiming any interest therein, and the interest owned or claimed shall be subject to any lien recorded in accordance with the provisions of NRS 108.010 to 108.240, inclusive, unless such owner or person having or claiming an interest therein shall [:] , within 3 days after he shall have obtained knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, give notice that he will not be responsible for the same by filing a notice in writing to that effect with the county recorder of the county where the land or building is situated.
κ1957 Statutes of Nevada, Page 331 (CHAPTER 239, AB 39)κ
held to have been constructed at the instance of such owner or person having or claiming any interest therein, and the interest owned or claimed shall be subject to any lien recorded in accordance with the provisions of NRS 108.010 to 108.240, inclusive, unless such owner or person having or claiming an interest therein shall [:] , within 3 days after he shall have obtained knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, give notice that he will not be responsible for the same by filing a notice in writing to that effect with the county recorder of the county where the land or building is situated.
[(a) Within 3 days after he shall have obtained knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, give notice that he will not be responsible for the same, by posting a notice in writing to that effect in some conspicuous place upon the land, or upon the building or other improvement situate thereon; and
[(b) Within 5 days after such posting, file a duplicate original of such posted notice with the recorder of the county where the land or building is situated, together with an affidavit attached thereto showing such posting of the original notice.
[2. The filing of the duplicate original of the posted notice and the affidavit required by subsection 1 shall be prima facie evidence of posting.]
________
Assembly Bill No. 338Messrs. Von Tobel, Revert, Humphrey and Nevin
CHAPTER 240
AN ACT to amend NRS sections 703.030, 703.040, 703.070, 703.080 and 703.110 relating to the appointment, terms of office, qualifications, salaries and powers of the chairman and members of the public service commission of Nevada.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 703.030 is hereby amended to read as follows:
703.030 [1. The commission shall consist of four commissioners, one of whom shall be the state engineer who shall be an ex officio commissioner without voting privileges. The other three commissioners shall be appointed by the governor, one of whom shall serve part time.
[2. The terms of the appointive commissioners shall commence on July 1, 1953. The term of the part-time commissioner first appointed shall expire 2 years thereafter. The term of one full-time commissioner first appointed shall expire 3 years thereafter. The term of the other full-time commissioner shall expire 4 years thereafter.
[3. Upon the expiration of the terms of the appointive commissioners, their respective successors shall be appointed to hold office for terms of 4 years after the date of the appointment and until their respective successors are appointed.
[4. Not more than a majority of all the voting commissioners shall be members of the same political party.]
κ1957 Statutes of Nevada, Page 332 (CHAPTER 240, AB 338)κ
1. The commission shall consist of three commissioners appointed by the governor.
2. The commissioners appointed by the governor prior to the effective date of this amendatory act shall continue to hold office for the balance of the terms for which they were appointed. Thereafter, their respective successors shall be appointed for terms of 4 years.
3. Not more than two of the commissioners shall be members of the same political party.
Sec. 2. NRS 703.040 is hereby amended to read as follows:
703.040 1. One of the commissioners shall be generally familiar with the operation of transportation facilities, and one commissioner shall have a general knowledge of fares and freights and tolls and charges levied and collected by public utilities as defined in chapter 704 of NRS.
2. No commissioner shall be pecuniarily interested in any public utility in this state or elsewhere.
3. [Two of the appointive] The commissioners shall give their entire time to the business of the commission and shall not pursue any other business or vocation or hold any other office of profit.
4. No commissioner shall be a member of any political convention or a member of any committee of any political party.
Sec. 3. NRS 703.070 is hereby amended to read as follows:
703.070 The governor shall designate one of the [full-time] commissioners to be chairman, whose term as chairman shall be at the pleasure of the governor.
Sec. 4. NRS 703.080 is hereby amended to read as follows:
703.080 1. The chairman of the commission shall receive an annual salary of $10,000.
[2. One full-time commissioner of the commission shall receive an annual salary of $7,200.
[3. One part-time commissioner of the commission shall receive an annual salary of $5,400.]
2. The other commissioners shall each receive annual salaries of not less than $7,200.
Sec. 5. NRS 703.110 is hereby amended to read as follows:
703.110 1. The majority of the [voting] commissioners shall have full power to act in all matters within their jurisdiction.
2. If two commissioners are disqualified or if there are two vacancies within the commission, the remaining commissioner shall exercise all the powers of the commission.
Sec. 6. This act shall become effective July 1, 1957.
________
κ1957 Statutes of Nevada, Page 333κ
Assembly Bill No. 300Committee on Judiciary
CHAPTER 241
AN ACT to amend NRS section 213.040 relating to certain duties of district judges, district attorneys and boards of county commissioners with respect to pardons and paroles; to amend NRS section 213.130 relating to application for parole; and other matters properly relating thereto.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 213.040 is hereby amended to read as follows:
213.040 All [district judges,] district attorneys [, and boards of county commissioners] receiving notice of an application for a pardon, or commutation of punishment, or remission of fine or forfeiture, shall transmit forthwith to the board a statement in writing of [all matters within their knowledge affecting the merits of such application.] facts surrounding the commission of the offense for which the applicant is incarcerated or subject to penalty and any information affecting the merits of such application.
Sec. 2. NRS 213.130 is hereby amended to read as follows:
213.130 1. Applications for parole from the state prison or county jail shall be made [in triplicate] on forms prescribed by the board from time to time, and shall contain such data as will assist the board in determining whether clemency should be granted.
[2. The original and a duplicate copy of such application shall be promptly transmitted by the clerk of the board to the district attorney of the county from whence the prisoner was committed, who shall endorse upon the original his recommendation in the premises and shall secure from the district judge or committing magistrate his recommendation, and such original shall immediately thereafter be returned to the board.
[3. The triplicate copy of such application shall be retained by the warden of the state prison or the sheriff in county jail cases.]
[4.] 2. Meetings for the purpose of considering applications for clemency shall be held semiannually or oftener, on such dates as may be fixed by the board.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 334κ
Assembly Bill No. 47Mr. Kean
CHAPTER 242
AN ACT to amend chapter 200 of NRS relating to crimes against the person by creating new provisions prohibiting interception and disclosure of wire and radio communications and private conversations except in certain cases; prohibiting unauthorized connections with communication facilities except in certain cases; prohibiting the use of evidence obtained without authority and providing penalties therefor.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 200 of NRS is hereby amended by adding thereto the provisions of sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive:
1. Person means every natural person, firm, copartnership, association or corporation and includes public officials and law enforcement officers of the state and of a county or municipality or other political subdivision of the state.
2. Wire communication means the transmission of writing, signs, signals, pictures and sounds of any and all kinds by wire, cable, or other similar connection between the points of origin and reception of such transmission, including all facilities and services incidental to such transmission, which facilities and services shall include, among other things, the receipt, forwarding and delivering of communications.
3. Radio communication means the transmission of writing, signs, signals, pictures, and sounds of all kinds by radio or other wireless methods, including all facilities and services incidental to such transmission, which facilities and services shall include, among other things, the receipt, forwarding and delivering of communications. Radio communications shall not include the transmission of writing, signs, signals, pictures and sounds broadcast by amateurs or public or municipal agencies of the State of Nevada, or by others for the use of the general public.
Sec. 3. 1. Except as otherwise provided in section 7, no person shall intercept or attempt to intercept any wire or radio communication unless such interception or attempted interception is authorized by both the sender and receiver.
2. This section shall not apply to any person, or to the officers, employees or agents of any person, engaged in the business of providing service and facilities for such communication where the interception or attempted interception is for the purpose of construction, maintenance, conduct or operation of the service or facilities of such person.
Sec. 4. 1. Except as otherwise provided in sections 7, 8 and 9, no person shall disclose the existence, contents, substance, purport, effect or meaning of any wire or radio communication to any person unless authorized to do so by either the sender or receiver.
2. This section shall not apply to any person, or the officers, employees or agents of any person, engaged in furnishing service or facilities for such communication where such disclosure is made:
κ1957 Statutes of Nevada, Page 335 (CHAPTER 242, AB 47)κ
employees or agents of any person, engaged in furnishing service or facilities for such communication where such disclosure is made:
(a) For the purpose of construction, maintenance, conduct or operation of the service or facilities of such person; or
(b) To the intended receiver, his agent or attorney; or
(c) In response to a subpena issued by a court of competent jurisdiction; or
(d) On written demand of other lawful authority.
Sec. 5. Except as otherwise provided in sections 7, 8 and 9, no person shall make any connection, either physically or by induction with the wire or radio communication facilities of any person engaged in the business of providing service and facilities for such communication unless such connection is also authorized by the person providing such service and facilities.
Sec. 6. Except as otherwise provided in sections 7, 8 and 9, no person shall intrude upon the privacy of other persons by surreptitiously listening to, monitoring or recording, or attempting to listen to, monitor or record, by means of any mechanical, electronic or other listening device, any private conversation engaged in by such other persons, or disclose the existence, contents, substance, purport, effect or meaning of any such conversation so listened to, monitored or recorded, unless authorized to do so by one of the persons engaging in the conversation.
Sec. 7. 1. An ex parte order for the interception of wire or radio communications or private conversations may be issued by the judge of a district court or of the supreme court upon application of a district attorney or of the attorney general setting forth fully the facts and circumstances upon which the application is based and stating that:
(a) There are reasonable grounds to believe that the crime of murder, kidnapping, extortion, bribery or crime endangering the national defense or a violation of the Uniform Narcotic Drug Act has been committed or is about to be committed; and
(b) There are reasonable grounds to believe that evidence will be obtained essential to the solution of such crime or which may enable the prevention of such crime; and
(c) No other means are readily available for obtaining such evidence.
2. Where statements in the application are solely upon the information or belief of the applicant, the precise source of the information and the grounds for the belief must be given.
3. The applicant must state whether any prior application has been made to intercept private conversations or wire or radio communications on the same communication facilities or of, from or to the same person, and, if such prior application exists, the applicant shall disclose the current status thereof.
4. The application and any order issued under this section shall identify fully the particular communication facilities on which the applicant proposes to make the interception and the purpose of such interception.
5. The court may examine, upon oath or affirmation, the applicant and any witness the applicant desires to produce or the court requires to be produced.
κ1957 Statutes of Nevada, Page 336 (CHAPTER 242, AB 47)κ
and any witness the applicant desires to produce or the court requires to be produced.
6. Orders issued under this section shall not be effective for a period longer than 60 days, after which period the court which issued the order may, upon application of the officer who secured the original order, in its discretion, renew or continue the order for an additional period not to exceed 60 days. All further renewals thereafter shall be for a period not to exceed 30 days.
Sec. 8. 1. During the effective period of any order issued pursuant to section 7, or any extension thereof, the application for any order under section 7 and any supporting documents, testimony or proceedings in connection therewith shall remain confidential and in the custody of the court, and materials shall not be released nor shall any information concerning them be disclosed in any manner except upon written order of the court.
2. No person shall disclose any information obtained by reason of an order issued under section 7, except for the purpose of obtaining evidence for the solution or prevention of a crime enumerated in section 7, or for the prosecution of persons accused thereof, unless such information has become a matter of public record in a criminal action as provided in section 9.
Sec. 9. 1. Any information obtained, either directly or indirectly, as a result of a violation of section 3, 4, 5 or 6 shall not be admissible as evidence in any action.
2. Any information obtained, either directly or indirectly, pursuant to an effective order issued under section 7 shall not be admissible in any action except:
(a) It shall be admissible in criminal actions involving crimes enumerated in section 7 in accordance with rules of evidence in criminal cases; and
(b) In proceedings before a grand jury involving crimes enumerated in section 7.
Sec. 10. Any person who willfully and knowingly violates section 3, 4, 5, 6 or 8 shall be guilty of a felony.
________
Assembly Bill No. 430Committee on Judiciary
CHAPTER 243
AN ACT to amend NRS section 484.470.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.470 is hereby amended to read as follows:
484.470 It shall be [prima facie evidence of reckless driving] unlawful for any person to operate a motor vehicle, whether the same be an emergency vehicle or otherwise, without tire chains or [other approved snow devices] snow tires upon any street or highway, under icy or snowy conditions, when the highway is marked or signed for the requirement of chains or snow tires.
κ1957 Statutes of Nevada, Page 337 (CHAPTER 243, AB 430)κ
icy or snowy conditions, when the highway is marked or signed for the requirement of chains or snow tires.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 160Miss Herr, Messrs. McMullen and Humphrey
CHAPTER 244
AN ACT to amend NRS sections 645.030, 645.120, 645.630, 645.680 and 645.830 relating to definitions of words and terms concerning real estate brokers and salesmen, the employment, salary and qualifications of the executive secretary of the Nevada real estate commission, the grounds and procedure for revocation and suspension of real estate brokers and salesmens licenses, and certain fees; to amend chapter 645 of NRS relating to real estate brokers and salesmen by creating a new provision defining the term real estate broker-salesman, and other matters properly relating thereto.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 645.030 is hereby amended to read as follows:
645.030 1. Within the meaning of this chapter, a real estate broker is any person, copartnership, association or corporation:
(a) Who for another and for a compensation, or who with the intention or expectation of receiving a compensation, sells, exchanges, purchases, rents, or leases, or negotiates the sale, exchange, purchase, rental, or leasing of, or offers or attempts or agrees to negotiate the sale, exchange, purchase, rental, or leasing of, or lists or solicits prospective purchasers of, any real estate or the improvements thereon; or
(b) Who buys or offers to buy, sells or offers to sell, or otherwise deals in options on, real estate or the improvements thereon; or
(c) Who collects, or offers or attempts or agrees to collect, rental for the use of real estate or the improvements thereon; or
[(d) Who negotiates, or offers or attempts or agrees to negotiate, a loan upon real estate.]
2. Any person, copartnership, association or corporation who, for another and for a compensation, aids, assists, solicits or negotiates the procurement [of a small tract lease on public lands, as defined by the Bureau of Land Management or the United States Forest Service,] , sale, purchase, rental or lease of public lands, shall be deemed to be a real estate broker within the meaning of this chapter.
Sec. 2. NRS 645.120 is hereby amended to read as follows:
645.120 1. After July 1, 1955, the commission shall employ an executive secretary whose annual compensation, not to exceed [$7,500,] $8,400, shall be fixed by the commission. The executive secretarys annual compensation shall be paid from commission funds received from regular revenue received by the commission under the provisions of this chapter.
2. The executive secretary shall:
(a) Possess a broad knowledge of generally accepted real estate practice and be reasonably well informed on laws governing real estate agency contracts.
κ1957 Statutes of Nevada, Page 338 (CHAPTER 244, AB 160)κ
practice and be reasonably well informed on laws governing real estate agency contracts.
(b) Furnish a corporate surety bond, which may be continuous in form, in an amount deemed adequate by the commission, conditioned upon the faithful performance of the duties of the office and true accounting of all funds.
(c) Not be interested in any real estate or brokerage firm, nor shall he act as a broker or salesman or agent therefor.
Sec. 3. NRS 645.630 is hereby amended to read as follows:
645.630 The commission shall have the power to suspend or to revoke any license issued under the provisions of this chapter at any time where the licensee has [within 3 years next immediately preceding such action], by false or fraudulent representation, obtained a license, or where the licensee in performing or attempting to perform any of the acts mentioned in this section is deemed to be guilty of:
1. Making any substantial misrepresentation.
2. Making any false promises of a character likely to influence, persuade or induce.
3. Pursuing a continued and flagrant course of misrepresentation, or making of false promises through agents or salesmen or advertising or otherwise.
4. Acting for more than one party in a transaction without the knowledge of all parties for whom he acts.
5. Accepting a commission or valuable consideration as a real estate salesman for the performance of any of the acts specified in this chapter from any person except his employer, who must be a licensed real estate broker.
6. Representing or attempting to represent a real estate broker other than the employer, without the express knowledge and consent of the employer.
7. Failing, within a reasonable time, to account for or to remit any moneys coming into his possession which belong to others.
8. Willfully using the term realtor or any other trade name or insignia of membership in any real estate organization of which the licensee is not a member, without the legal right so to do.
9. Disregarding or violating any of the provisions of this chapter.
10. Paying or receiving any rebate, profit, compensation or commission in violation of this chapter.
11. Inducing any party to a contract, sale or lease to break such contract for the purpose of substituting in lieu thereof a new contract with the same principal or a different principal, where such substitution is motivated by the personal gain of the licensee.
12. Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, and has been convicted thereof in a court of competent jurisdiction of this or any other state.
13. Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.
14. Negligence, or failure to disclose or to ascertain and disclose to any person with whom such licensee is dealing, any material fact, data or information concerning or relating to the property with which such licensee is dealing, which such licensee knew.
κ1957 Statutes of Nevada, Page 339 (CHAPTER 244, AB 160)κ
data or information concerning or relating to the property with which such licensee is dealing, which such licensee knew.
15. The practice of claiming, demanding or receiving a fee, compensation or commission under any exclusive agreement authorizing or employing a licensee to sell, buy or exchange real estate for compensation or commission where such agreement does not contain a definite, specified date of final and complete termination.
16. The claiming or taking by a licensee of any secret or undisclosed amount of compensation, commission or profit or the failure of a licensee to reveal to the employer of such licensee the full amount of such licensees compensation, commission or profit under any agreement authorizing or employing such licensee to sell, buy or exchange real estate for compensation or commission prior to or coincident with the signing of such agreement evidencing the meeting of the minds of the contracting parties, regardless of the form of such agreement, whether evidenced by documents in an escrow or by any other or different procedure.
17. The use by a licensee of any provision allowing the licensee an option to purchase in an agreement authorizing or employing such licensee to sell, buy or exchange real estate for compensation or commission, except when such licensee, prior to or coincident with election to exercise such option to purchase, reveals in writing to the employer the full amount of licensees profit and obtains the written consent of the employer approving the amount of such profit.
18. Being unworthy or incompetent to act as a real estate broker or salesman in such manner as to safeguard the interests of the public.
19. Any other conduct, whether of the same or a different character from that hereinbefore specified, which constitutes improper, fraudulent or dishonest dealing.
Sec. 4. NRS 645.680 is hereby amended to read as follows:
645.680 1. The procedure set forth in this section and NRS 645.690 shall be adhered to before the revocation or suspension of any license.
2. Upon a complaint being initiated by the commission, or upon a verified complaint being filed with the commission and found by it, alone or together with evidence, documentary or otherwise, presented in connection therewith, to constitute a prima facie case, the matter shall be set down for a hearing, and the licensee shall have an opportunity to be heard thereon in person or by counsel.
3. The commission shall fix the time for the hearing within 60 days after the filing of any complaint, but the time of hearing may be continued from time to time upon written consent of the licensee.
4. The licensee shall be given at least 20 days prior notice in writing of the date, time and place of the hearing, which notice shall contain an exact statement of the charges filed, together with a copy of the complaint and copies of any and all communications, reports, affidavits or depositions in possession of the commission touching or relating to the matter in question.
5. The notice may be served by delivery of the same personally to the licensee, or by mailing the same by registered mail to the last-known business address of the licensee. If the licensee be a salesman, the commission shall also notify the broker employing him, by mailing notice by registered mail to the brokers last-known business address.
κ1957 Statutes of Nevada, Page 340 (CHAPTER 244, AB 160)κ
notice by registered mail to the brokers last-known business address.
6. Within 20 days from service of the notice upon him, the licensee shall file a verified answer to the charges with the commission. The answer shall contain an admission or denial of the averments contained in the charges and any defenses upon which the licensee will rely.
7. The answer may be served by the delivery of the same personally to the commission, or by mailing the answer by registered mail to the principal office of the commission.
8. No proceeding for the suspension or revocation of any license shall be maintained unless the same is commenced by the giving of notice to the licensee within 3 years of the time of the act charged, whether of commission or omission; provided:
(a) That if the charges are based upon a misrepresentation, such period shall not commence to run until the discovery of facts which do or should lead to the discovery of such misrepresentation; and
(b) That whenever any suit, action or proceeding is instituted to which the commission or the licensee is a party and which involves the conduct of the licensee in the transaction with which the charges are related, the running of the 3-year period with respect to the institution of a proceeding under this chapter to suspend or revoke such license shall be suspended during the pendency of such suit, action or proceeding.
Sec. 5. NRS 645.830 is hereby amended to read as follows:
645.830 The following fees shall be charged by and paid to the commission on and after January 1, 1956:
For each real estate brokers examination....................................................... .................................................................................................................. $25
For each original real estate brokers license................................................. .................................................................................................................... 40
For each renewal real estate brokers license, for 1 year or fraction thereof........................................................................................................... .................................................................................................................... 40
For each license as a real estate broker issued to a member of a copartnership, association or officer of a corporation, other than the member of the copartnership, association or officer of the corporation named in the license issued to such copartnership, association or corporation......................................................................... .................................................................................................................... 40
For each annual renewal thereof......................................................... ....................................................................................................... 40
For each real estate salesmans examination.................................................. .................................................................................................................... 15
For each real estate salesmans license.......................................................... .................................................................................................................... 20
For each renewal real estate salesmans license, for 1 year or fraction thereof........................................................................................................... .................................................................................................................... 20
For each branch office brokers license, for 1 year or fraction thereof...... .................................................................................................................... 25
For each change of name or address............................................................... ...................................................................................................................... 3
For each transfer of real estate salesmans license on change of employer........................................................................................................ ...................................................................................................................... 3
For each duplicate license or pocket card where the original license or pocket card is lost or destroyed, and affidavit made thereof................ 5For each reinstatement of a real estate brokers or salesmans license............................................................ ...................................................................................... $3
κ1957 Statutes of Nevada, Page 341 (CHAPTER 244, AB 160)κ
For each reinstatement of a real estate brokers or salesmans license..... .................................................................................................................... $3
For each reinstatement of a real estate brokers or salesmans license when a licensee fails to give written notice to the commission within 30 days of a change of name, address or broker-employer................... .................................................................................................................... 10
For each change of status from broker to broker-salesman, or the reverse........................................................................................................... ...................................................................................................................... 3
For each nonresident working permit, for 1 year or a fraction thereof.. ................................................................................................................... 40
Sec. 6. Chapter 645 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Within the meaning of this chapter, a real estate broker-salesman is any person who holds a real estate brokers license but who is employed or engaged, for compensation or otherwise, by a licensed real estate broker in the capacity of a salesman, to do or to deal in any act, acts or transactions included within the definition of a real estate broker in NRS 645.030.
2. In this chapter wherever the term real estate salesman appears the same shall, when applicable, mean real estate broker-salesman.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 439Committee on State Libraries
CHAPTER 245
AN ACT to amend chapter 379 on NRS relating to county, city and town libraries by creating a new provision relating to contracts with the state library.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 379 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any library operated under the provisions of this chapter may enter into agreements with the state librarian, where the objective of the agreements is the improvement of library service.
________
κ1957 Statutes of Nevada, Page 342κ
Assembly Bill No. 440Committee on State Libraries
CHAPTER 246
AN ACT to amend an act entitled An Act to authorize the board of county commissioners of Washoe County, State of Nevada, to issue bonds for the construction, equipment and furnishing of a county library building, in the city of Reno, Nevada, providing a method for acquiring a site therefor, providing for the redemption of said bonds, providing for the method of managing and maintaining such library, defining the duties of certain officers and others in relation thereto, and other matters properly connected therewith, approved March 27, 1929.
[Approved March 26, 1957]
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, Statutes of Nevada 1929, at page 268, is hereby amended by adding thereto a new section to be designated as section 12C, which shall immediately follow section 12B and which shall read as follows:
Section 12C. The county library board is hereby authorized to make agreements with the state librarian which are designated to promote improved library services in Washoe County.
________
Assembly Bill No. 445Committee on Labor
CHAPTER 247
AN ACT to amend NRS section 612.405 relating to the making of false statements as a ground for disqualification for unemployment compensation benefits.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.405 is hereby amended to read as follows:
612.405 An individual shall be disqualified for benefits for 52 weeks from the date an offense is committed which results in his conviction under the provisions of NRS 612.715 [.] to 612.725, inclusive.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 343κ
Assembly Bill No. 457Committee on Ways and Means
CHAPTER 248
AN ACT to appropriate money for the use of the director of the state department of purchasing during the biennium commencing July 1, 1957, and ending June 30, 1959, in making a complete inventory of state-owned equipment; and other matters properly relating thereto.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium commencing July 1, 1957, and ending on June 30, 1959, there is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $10,000 for the use of the director of the state department of purchasing in the manner and for the purposes hereinafter enumerated.
Sec. 2. During the period from July 1, 1957, to June 30, 1959, with funds hereby furnished him, the director of the state department of purchasing shall cause to be made a complete, thorough and accurate inventory of all equipment owned by the State of Nevada, and its various departments, agencies, bureaus, commissions, institutions and offices, and the Nevada industrial commission.
Sec. 3. The results of the inventory herein required shall be used by the director of the state department of purchasing to assist him in the execution of his duties required by the provisions of NRS 333.220.
Sec. 4. The director of the state department of purchasing shall report to the 49th session of the legislature the results of the inventory if completed prior to that time, or shall report the progress of the work required hereunder if such inventory has not been completed prior to the meeting of the 49th session of the legislature.
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Senate Bill No. 4Senator Johnson
CHAPTER 249
AN ACT to amend NRS sections 631.140, 631.170, 631.210, 631.280, 631.330 and 631.400 relating to the board of dental examiners, the examination of applicants, the payment of fees and the imposition of penalties; providing penalties, and other matters properly relating thereto.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 631.140 is hereby amended to read as follows:
631.140 1. [Two of the members of the board shall be from Washoe County, two from Clark County, and three from the state at large.] Two of the members of the board shall be from Washoe County. Two of the members of the board shall be from Clark County. Three of the members of the board shall be from the state at large, including Washoe County and Clark County.
κ1957 Statutes of Nevada, Page 344 (CHAPTER 249, SB 4)κ
Washoe County and Clark County. Each member shall be appointed by the governor for a term of 4 years, and until his successor is appointed and qualified.
2. The members of the board in office on March 20, 1951, shall remain in office until their successors are appointed and qualified.
3. Vacancies in the board shall be filled by the governor within 30 days after such vacancy has been created.
Sec. 2. NRS 631.170 is hereby amended to read as follows:
631.170 1. June and December meetings. The board shall meet in the State of Nevada for the purpose of examining applicants during the month of June of each year and also during the first week of December of each year, provided at least [one candidate has filed on or before November 1 an application] three candidates have filed on or before November 1 applications for examination at the December meeting.
[2. April and September meetings. If there be a duly qualified applicant for examination who shall file his application within 20 days prior to September 1 or prior to April 1, the board shall meet during the month of September or April, as the case may be, for the purpose of examining the applicant. If such examination be given in September or April no like examination shall be required or given in the next ensuing April or September, as the case may be.
[3.] 2. Other meetings. The board shall also meet at such other times and places and for such other purposes as it may deem proper.
[4.] 3. Quorum. Three members of the board shall constitute a quorum.
Sec. 3. NRS 631.210 is hereby amended to read as follows:
631.210 1. The fees which shall be charged by the board for the performance of the duties imposed upon it by this chapter shall be as follows:
Examination fee for license to practice dentistry..................................... [$75]......................................................................................................... $100
Examination fee for license to practice dental hygiene........................... [50].............................................................................................................. 75
License renewal fee for dentists................................................................. [5].............................................................................................................. 25
License renewal fee for dental hygienists................................................ [5].............................................................................................................. 15
Dental specialist license.............................................................................. [50]........................................................................................................... 100
Reinstatement fee for forfeited dental hygiene or dental license.......... [50]........................................................................................................... 100
Reinstatement fee for suspended dental license..................................... [25]........................................................................................................... 100
Such other fees as may be authorized by law.
2. All fees shall be payable in advance and shall not be refunded.
Sec. 4. NRS 631.280 is hereby amended to read as follows:
631.280 [1. An applicant who shall fail to pass an examination given in June or December shall not be eligible to take a September or April examination.
[2.] Any applicant for a license to practice dentistry in this state who shall fail to pass two consecutive examinations of the board shall not be eligible for reexamination within a 12-month period following.
Sec. 5. NRS 631.330 is hereby amended to read as follows:
631.330 1. On or before May 1 next following the obtaining of a license to practice dental hygiene or dentistry, or any special branch of dentistry, and in May of each year thereafter, the holder of such license, upon payment of the fee provided therefor, shall obtain from the board a renewal certificate, which renewal certificate shall authorize the holder of a license certificate to continue his practice in the State of Nevada for the current fiscal year.
κ1957 Statutes of Nevada, Page 345 (CHAPTER 249, SB 4)κ
license to practice dental hygiene or dentistry, or any special branch of dentistry, and in May of each year thereafter, the holder of such license, upon payment of the fee provided therefor, shall obtain from the board a renewal certificate, which renewal certificate shall authorize the holder of a license certificate to continue his practice in the State of Nevada for the current fiscal year.
2. The annual renewal license fee shall be paid on or before May 1. Failure to pay such fee to the board by May 1 of each year shall automatically suspend the license and the same shall be reinstated only upon the payment of the [sum of $25] reinstatement fee as provided in NRS 631.210 in addition to the annual license fee due thereon.
Sec. 6. NRS 631.400 is hereby amended to read as follows:
631.400 1. Any person who shall engage in the illegal practice of dentistry in this state as defined in this chapter, or who practices or offers to practice dental hygiene in this state without a certificate, or who, having such certificate, practices dental hygiene in a manner or place not permitted by the provisions of this chapter, shall be guilty of a misdemeanor.
2. Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining such conduct. Proceedings under this subsection shall be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking shall be required in any action commenced by the board.
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Assembly Bill No. 459Committee on Ways and Means
CHAPTER 250
AN ACT to amend NRS section 333.120 relating to the revolving fund of the state department of purchasing; increasing the amount of such revolving fund and making an appropriation therefor; and other matters properly relating thereto.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 333.120 is hereby amended to read as follows:
333.120 1. A revolving fund in the sum of [$200,000] $300,000 is hereby created for:
(a) The use of the director in purchasing supplies, materials and equipment; and
(b) The payment of necessary expenses incurred in carrying out the provisions of this chapter.
2. When any purchase or service is for the use of two or more using agencies, the payment shall be made from the revolving fund in the manner provided by law upon presentation of a verified claim approved by the director.
Sec. 2. There is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $100,000 for the revolving fund of the state department of purchasing to be used as provided in NRS 333.120.
κ1957 Statutes of Nevada, Page 346 (CHAPTER 250, AB 459)κ
state treasury out of any moneys not otherwise appropriated the sum of $100,000 for the revolving fund of the state department of purchasing to be used as provided in NRS 333.120.
________
Assembly Bill No. 428Mr. Waters
CHAPTER 251
AN ACT to amend chapter 482 of NRS relating to licensing and registration of motor vehicles and trailers by creating a new provision relating to the registration of trailers not used upon the public highways, but used as a dwelling.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The owner of a trailer not used upon the highways of the state, but used as a residence or dwelling by any person, shall annually, on or before July 1, apply to the department for a trailer registration sticker.
2. The department shall issue a trailer registration sticker, and charge and collect a fee therefor in the sum of $1, upon proof that all personal property taxes levied against such trailer and its contents have been paid.
3. The sticker issued shall be attached to the outside of the trailer in a conspicuous place by the owner.
4. All fees collected pursuant to the provisions of this section shall be deposited in the state highway fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 411Messrs. Hill and McKissick
CHAPTER 252
AN ACT to amend NRS section 239.120 relating to the destruction of obsolete records.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 239.120 is hereby amended to read as follows:
239.120 The district courts of the several judicial districts are authorized to direct the sheriff of any county within their respective judicial districts to destroy, by burning in the presence of the court, ballots, notes taken by official reporters, county warrants and such other obsolete papers and records of no further legal force or effect as the court may designate after a period of [5] 6 years after the filing thereof. Before any papers or records mentioned herein are destroyed by burning, the Nevada Historical Society shall be notified and a representative thereof shall have the privilege of selecting for retention by the Nevada Historical Society any such papers or records.
κ1957 Statutes of Nevada, Page 347 (CHAPTER 252, AB 411)κ
by burning, the Nevada Historical Society shall be notified and a representative thereof shall have the privilege of selecting for retention by the Nevada Historical Society any such papers or records.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 382Messrs. Evans, McMullen, Vaughan and Young
CHAPTER 253
AN ACT to amend NRS section 122.060 relating to marriage fees received and collected by the county clerk.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 122.060 is hereby amended to read as follows:
122.060 1. The clerk shall be entitled to receive as his fee for issuing the license the sum of $1 [.], but if licenses are issued after regular office hours, the board of county commissioners may set an additional fee by county ordinance, which fee shall be deposited in the county general fund.
2. The clerk shall also at the time of issuing the license collect the sum of $1 and pay the same over to the county recorder as his fee for recording the certificate named in NRS 122.130.
3. The clerk shall also at the time of issuing the license collect the additional sum of $3 for the State of Nevada. The fees collected for the state shall be paid over to the county treasurer by the county clerk on or before the 1st Monday of each month for the preceding calendar month, and shall be placed to the credit of the state fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer, to be placed by the state treasurer in the general fund of the state.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 173Messrs. Fullerton, McKissick, Valentine, Leavitt, Miss Herr and Mr. Godbey
CHAPTER 254
AN ACT to amend NRS section 428.090 relating to medical assistance and burials provided by counties for nonresident and other indigent persons.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 428.090 is hereby amended to read as follows:
428.090 1. When any nonresident, or any other person not coming within the definition of a pauper, shall fall sick in any county, not having money or property to pay his board, nursing or medical aid, the board of county commissioners of the proper county shall, on complaint being made, give or order to be given such assistance to the poor person as the board may deem just and necessary.
κ1957 Statutes of Nevada, Page 348 (CHAPTER 254, AB 173)κ
the board of county commissioners of the proper county shall, on complaint being made, give or order to be given such assistance to the poor person as the board may deem just and necessary.
2. If such sick person shall die, then the board of county commissioners shall give or order to be given to such person a decent burial.
3. The board of county commissioners shall make such allowance for board, nursing, medical aid or burial expenses as the board shall deem just and equitable, and order the same to be paid out of the county treasury.
4. The responsibility of the board of county commissioners to provide medical aid or any other type of remedial aid under this section shall be relieved to the extent of the amount of money or the value of services provided by the state welfare department to or for such persons for medical care or any type of remedial care under the provisions of chapters 426 and 427 of NRS.
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Assembly Bill No. 172Messrs. Fullerton, McKissick, Valentine, Leavitt, Miss Herr and Mr. Godbey
CHAPTER 255
AN ACT to amend NRS section 426.050 defining aid to the blind; to amend NRS section 426.420 relating to the amount of aid payments to blind persons; to amend chapter 426 of NRS relating to aid to the blind by creating a new provision relating to the establishment and use of the aid to the blind medical and remedial care fund; and other matters properly relating thereto.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 426.050 is hereby amended to read as follows:
426.050 As used in NRS 426.010 to 426.500, inclusive, aid to the blind means money payments to [blind individuals] , or medical care in behalf of or any type of remedial care in behalf of, blind individuals who are needy, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual:
1. Who is a patient in an institution for tuberculosis or mental diseases; or
2. Who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof.
Sec. 2. NRS 426.420 is hereby amended to read as follows:
426.420 1. If the state welfare department is satisfied that the applicant is entitled to aid under the provisions of NRS 426.010 to 426.500, inclusive, it shall, without delay, issue an order therefor.
2. The individual needs of each person claiming aid to the blind shall be presumed and deemed to be not less than [$75] $90 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] $90 per month.
κ1957 Statutes of Nevada, Page 349 (CHAPTER 255, AB 172)κ
of the claimant from all other sources, [$75] $90 per month. If, however, in any case it is found the actual need of a claimant exceeds [$75] $90 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.
3. The aid granted under NRS 426.010 to 426.500, inclusive, shall be paid monthly, in advance, out of such funds as may be provided for that purpose.
Sec. 3. Chapter 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The aid to the blind medical and remedial care fund is hereby created in the state treasury. Moneys made available to the state by the Federal Government and by the state for the purpose of providing medical care or any type of remedial care to recipients shall be deposited in the fund.
2. Except as otherwise provided in subsection 3, any moneys so made available by the state, by appropriation or otherwise, shall remain in the fund and shall not revert to the general fund.
3. If the fund is dissolved, the Federal Government shall be reimbursed for its proportionate share of contributions into the fund, and any moneys remaining thereafter shall revert to the general fund.
4. The board may designate that the fund may cover any one, several or all items of the medical care or any type of remedial care costs as deemed most advantageous for the best interests of the state.
5. The department may purchase necessary medical care or any other type of remedial care by contract or fee for service. Each vendor or group who has a contract with the department and is rendering medical care or any type of remedial care to recipients shall submit such charges for payment to the department, and payment shall be made as other claims against the state are paid.
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Senate Bill No. 119Senator Johnson
CHAPTER 256
AN ACT to amend NRS section 321.120 relating to the acceptance of lands by the governor for park, recreational or other purposes.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 321.120 is hereby amended to read as follows:
321.120 1. The governor is authorized [and directed] to accept on behalf of the state any conveyance by the United States Government, or by any person, firm, association, corporation or political subdivision or municipality of this state, whether it be by operation of statute, [or] by United States patent, or by conveyance of the person, firm, association, corporation or political subdivision or municipality of this state, of [public] lands for park, recreational or other public purposes.
κ1957 Statutes of Nevada, Page 350 (CHAPTER 256, SB 119)κ
association, corporation or political subdivision or municipality of this state, of [public] lands for park, recreational or other public purposes.
2. Such acceptance may be made through a written communication to the Secretary of the Interior, or the person, firm, association, corporation or political subdivision or municipality of this state, signed by the governor [.] , and a copy of the communication filed for recordation with the county recorder of the county or counties wherein the lands are located.
3. No lands so accepted pursuant to this section shall be subject to subsequent public sale.
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Senate Bill No. 123Senators Seevers, Brown, Whitacre and Lattin
CHAPTER 257
AN ACT to amend chapter 281 of NRS relating to public officers and employees by creating a new provision relating to specific legislative appropriations or authorizations for the payment of salaries of appointive officers or employees of departments or agencies.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In cases where the salary of an appointive officer or employee is determined by law, such salary shall not be paid unless a specific legislative appropriation of a sum of money or a specific legislative authorization for the expenditure of a sum of money is made or enacted for the department or agency.
2. None of the provisions of this section shall apply to any officers or employees of the Nevada industrial commission.
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Assembly Bill No. 489Washoe County Delegation
CHAPTER 258
AN ACT authorizing the board of county commissioners of Washoe County, Nevada, to convey title to certain described property in the Galena Creek area to the Washoe County Council of Camp Fire Girls, Inc.
[Approved March 26, 1957]
Whereas, The Washoe County Council of Camp Fire Girls, Inc., a Nevada corporation, is a youth organization which helps curb juvenile delinquency, provides recreational facilities and proper supervision and guidance to the youth of this state; and
Whereas, The Washoe County Council of Camp Fire Girls, Inc., is prohibited from spending more than $500 per year on any one parcel of real property unless it has title to the same; and
Whereas, The board of county commissioners of Washoe County, Nevada, desires to aid and encourage such organization in its objectives by deeding to it certain described property in the Galena Creek area; now, therefore,
κ1957 Statutes of Nevada, Page 351 (CHAPTER 258, AB 489)κ
Nevada, desires to aid and encourage such organization in its objectives by deeding to it certain described property in the Galena Creek area; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Washoe County, Nevada, is hereby authorized to convey, by determinable fee, with or without consideration, to the Washoe County Council of Camp Fire Girls, Inc., a Nevada corporation, the following described property located and situated in Washoe County, Nevada, more properly described as follows: The NW 1/4 of the SW 1/4 of Sec. 9, T. 17 N., R. 19 E., M.D.B. & M., containing 40 acres, more or less.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 153Senator Whitacre
CHAPTER 259
AN ACT authorizing Lyon County, State of Nevada, to establish, construct, otherwise acquire, reconstruct, improve, extend or better, either a county courthouse or jail, or both, and improvements incidental thereto, to equip and furnish the same; concerning the issuance of bonds therefor in not to exceed the aggregate principal amount of $150,000 and the levy of taxes in connection therewith; prescribing other details concerning such bonds and such taxes; and concerning other matters properly relating thereto.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Lyon County, State of Nevada, is hereby authorized and empowered, in addition to the powers elsewhere conferred upon the board, to establish, construct, otherwise acquire, reconstruct, improve, extend or better, either a county courthouse or jail, or both, and improvements incidental thereto, to equip and furnish the same, and to issue general obligation bonds therefor in not to exceed the aggregate principal amount of $150,000. (Such building, incidental improvements, equipment and furnishings are hereinafter sometimes designated as the facilities.)
Sec. 2. The board of county commissioners is hereby authorized and empowered to submit to the qualified electors of the county a question or questions authorizing the issuance of general obligation bonds to defray the cost of such facilities, at a special, primary or general election, held in compliance with NRS 350.010 to 350.200, inclusive, and all laws amendatory thereof, and all other election laws of the state so far as the same can be made applicable and which are not inconsistent herewith. In the event a majority of the white ballots and a majority of the colored ballots on any such questions both are in favor of the issuance of such bonds, the proposal to issue them shall have carried, and the board of county commissioners may thereafter proceed to issue the bonds as herein provided. If a majority of either the white ballots or the colored ballots, or a majority of both, on such question, is against the issuance of the bonds, then such proposal shall have failed and the board shall be without power to issue the bonds as herein provided.
κ1957 Statutes of Nevada, Page 352 (CHAPTER 259, SB 153)κ
the white ballots or the colored ballots, or a majority of both, on such question, is against the issuance of the bonds, then such proposal shall have failed and the board shall be without power to issue the bonds as herein provided. The submission of a question of issuing bonds as herein provided shall not prevent or prohibit the submission of the same or a similar question at a subsequent election or elections called for that purpose.
Sec. 3. The bonds shall be of convenient denominations, shall be negotiable in form, shall mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal or upon an amortization plan for the bonds so that substantially equal amounts shall be required annually for the payment of the principal of and interest on the bonds, except for the first or last installment, or both, which may be for greater or lesser amounts, or both, than required by either of the aforesaid limitations, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 20 years from such date, and shall bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals. The bonds shall be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada as may be provided by the board, and the bonds shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. The bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the treasurer of the county, and the bonds shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons. The board of county commissioners may provide for the registration of the bonds for payment as to principal or interest, or both, and may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium, if any, as may be determined by the board in the ordinance authorizing the issuance of the bonds.
Sec. 4. The board is hereby authorized to sell such bonds at one time, or from time to time, at public or private sale, as the board may determine, for not less than the principal amount thereof and accrued interest; provided, however, that none of the bonds shall be issued, sold or delivered after 3 years from the effective date of this act. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided that the board may employ legal, fiscal, engineering or other expert services in connection with the acquisition, reconstruction, improvement, extension or betterment of such facilities and with the authorization, issuance and sale of such bonds.
Sec. 5. The general obligation bonds authorized to be issued under the provisions of this act shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines; and so far as legally possible, within the limitations of Section 2 of Article X of the Constitution of the State of Nevada, the bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the county, and without regard to any statutory tax limitations now or hereafter existing.
κ1957 Statutes of Nevada, Page 353 (CHAPTER 259, SB 153)κ
limitations of Section 2 of Article X of the Constitution of the State of Nevada, the bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the county, and without regard to any statutory tax limitations now or hereafter existing. It shall be the duty of the board and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as they become due. In any year in which the total taxes levied against the taxable property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by Section 2 of Article X of the Constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of such Section 2 of Article X. Nothing herein contained shall be so construed as to prevent the county from applying other funds that may be in the treasury and available for that purpose to the payment of such interest and principal as the same respectively mature, and upon such payments the levy or levies therefor provided may thereupon to that extent be diminished.
Sec. 6. The ordinance or ordinances providing for the issuance of such bonds may state the bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 7. This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 8. Bonds issued under the provisions of this act, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
Sec. 9. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
κ1957 Statutes of Nevada, Page 354 (CHAPTER 259, SB 153)κ
Sec. 10. This act being necessary to secure and preserve the public health, safety, and convenience and welfare, it shall be liberally construed to effect its purpose.
Sec. 11. If any provision of this act or the application thereof to any person, association, corporation, or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this extent the provisions of this act are declared to be severable.
Sec. 12. This act shall become effective upon passage and approval.
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Senate Bill No. 167Committee on State and County Affairs
CHAPTER 260
AN ACT to amend NRS section 361.565 relating to the contents, publication, posting and mailing of notice of delinquent property taxes.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.565 is hereby amended to read as follows:
361.565 1. [Immediately] Within 20 days after the 1st 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 $3,000, the tax receiver of the county shall give the notice in the manner and form provided in this section.
2. Such notice shall be published in a newspaper, if there is one published in the county, at least once a week from the date thereof [until the 2nd Monday in April.] for 4 consecutive weeks, being four insertions. If there is no newspaper in the county, such notice shall be posted in at least five conspicuous places within the county.
3. 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. Such publication shall be made at not more than legal rates.
4. When the delinquent property consists of unimproved real estate assessed at a sum not exceeding $25, 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.
5. Such notice shall state:
(a) The name of the owner, if known.
(b) The description of the property on which such taxes are a lien.
(c) The amount of the taxes due on the property and the penalties and costs as provided by law.
(d) That if the amount is not paid by the taxpayer or his successor in interest the tax receiver will, on the [2nd] 4th Monday in April of the current year at 1:30 p. m. of that day, issue to the county treasurer, as trustee for the state and county, a certificate authorizing him to hold the property, subject to redemption within 2 years after date thereof, by payment of the taxes and accruing taxes, penalties and costs, together with interest at the rate of 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 chapter 21 of NRS in regard to real property sold under execution.
κ1957 Statutes of Nevada, Page 355 (CHAPTER 260, SB 167)κ
thereof, by payment of the taxes and accruing taxes, penalties and costs, together with interest at the rate of 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 chapter 21 of NRS in regard to real property sold under execution.
6. At the same time that the tax receiver shall first publish the notice or post the same, as the case may be, he shall send a copy of the notice 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 addresses, 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.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 336Mr. Giomi
CHAPTER 261
AN ACT to repeal chapter 368 of NRS relating to the taxation of transient livestock.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 368 of NRS is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 443Mineral County Delegation
CHAPTER 262
AN ACT authorizing Mineral County, State of Nevada, to establish, construct, otherwise acquire, reconstruct, improve, extend or better, either a county courthouse or jail, or both, and improvements incidental thereto, to equip and furnish the same, and to acquire a suitable site or grounds therefor; concerning the issuance of bonds therefor in not to exceed the aggregate principal amount of $500,000 and the levy of taxes in connection therewith; prescribing other details concerning such bonds and such taxes; and concerning other matters properly relating thereto.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Mineral County, State of Nevada, is hereby authorized and empowered, in addition to the powers elsewhere conferred upon the board, to establish, construct, otherwise acquire, reconstruct, improve, extend or better, either a county courthouse or jail, or both, and improvements incidental thereto, to equip and furnish the same, to acquire a suitable site or grounds therefor, and to issue general obligation bonds therefor in not to exceed the aggregate principal amount of $500,000.
κ1957 Statutes of Nevada, Page 356 (CHAPTER 262, AB 443)κ
thereto, to equip and furnish the same, to acquire a suitable site or grounds therefor, and to issue general obligation bonds therefor in not to exceed the aggregate principal amount of $500,000. (Such building, incidental improvements, equipment, furnishings, sites and grounds, are hereinafter sometimes designated as the facilities.)
Sec. 2. The board of county commissioners is hereby authorized and empowered to submit to the qualified electors of the county a question or questions authorizing the issuance of general obligation bonds to defray the cost of such facilities, at a special, primary or general election, held in compliance with NRS 350.010 to 350.200, inclusive, and all laws amendatory thereof, and all other election laws of the state so far as the same can be made applicable and which are not inconsistent herewith. In the event a majority of the white ballots and a majority of the colored ballots on any such questions both are in favor of the issuance of such bonds, the proposal to issue them shall have carried, and the board of county commissioners may thereafter proceed to issue the bonds as herein provided. If a majority of either the white ballots or the colored ballots, or a majority of both, on such question, is against the issuance of the bonds, then such proposal shall have failed and the board shall be without power to issue the bonds as herein provided. The submission of a question of issuing bonds as herein provided shall not prevent or prohibit the submission of the same or a similar question at a subsequent election or elections called for that purpose.
Sec. 3. The bonds shall be of convenient denominations, shall be negotiable in form, shall mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal or upon an amortization plan for the bonds so that substantially equal amounts shall be required annually for the payment of the principal of and interest on the bonds, except for the first or last installment, or both, which may be for greater or lesser amounts, or both, than required by either of the aforesaid limitations, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 20 years from such date, and shall bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals. The bonds shall be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada as may be provided by the board, and the bonds shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. The bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the treasurer of the county, and the bonds shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons. The board of county commissioners may provide for the registration of the bonds for payment as to principal or interest, or both, and may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium, if any, as may be determined by the board in the ordinance authorizing the issuance of the bonds.
κ1957 Statutes of Nevada, Page 357 (CHAPTER 262, AB 443)κ
terms and upon the payment of such premium, if any, as may be determined by the board in the ordinance authorizing the issuance of the bonds.
Sec. 4. The board is hereby authorized to sell such bonds at one time, or from time to time, at public or private sale, as the board may determine, for not less than the principal amount thereof and accrued interest; provided, however, that none of the bonds shall be issued, sold or delivered after 3 years from the effective date of this act. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided that the board may employ legal, fiscal, engineering or other expert services in connection with the acquisition, reconstruction, improvement, extension or betterment of such facilities and with the authorization, issuance and sale of such bonds.
Sec. 5. The general obligation bonds authorized to be issued under the provisions of this act shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines; and so far as legally possible, within the limitations of Section 2 of Article X of the Constitution of the State of Nevada, the bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the county, and without regard to any statutory tax limitations now or hereafter existing. It shall be the duty of the board and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as they become due. In any year in which the total taxes levied against the taxable property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by Section 2 of Article X of the Constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of such Section 2 of Article X. Nothing herein contained shall be so construed as to prevent the county from applying other funds that may be in the treasury and available for that purpose to the payment of such interest and principal as the same respectively mature, and upon such payments the levy or levies therefor provided may thereupon to that extent be diminished.
Sec. 6. The ordinance or ordinances providing for the issuance of such bonds may state the bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 7. This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto.
κ1957 Statutes of Nevada, Page 358 (CHAPTER 262, AB 443)κ
other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 8. Bonds issued under the provisions of this act, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
Sec. 9. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 10. This act being necessary to secure and preserve the public health, safety, and convenience and welfare, it shall be liberally construed to effect its purpose.
Sec. 11. If any provision of this act or the application thereof to any person, association, corporation, or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this extent the provisions of this act are declared to be severable.
Sec. 12. This act shall become effective upon passage and approval.
________
Assembly Bill No. 16Messrs. Godbey, Byrne, Ryan, Miss Herr and Mr. Franklin
CHAPTER 263
AN ACT to amend NRS section 361.035 relating to the definition of real estate by excluding from the category of taxable real estate leasehold or other possessory interests in certain lands owned by the Federal Government.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.035 is hereby amended to read as follows:
361.035. 1. Real estate means and includes:
(a) All houses, buildings, fences, ditches, structures, erections, railroads, toll roads and bridges, or other improvements built or erected upon any land, whether such land is private property or property of the state or of the United States, or of any municipal or other corporation, or of any county, city or town in this state.
(b) The ownership of, or claim to, or possession of, or right of possession to any lands within this state.
κ1957 Statutes of Nevada, Page 359 (CHAPTER 263, AB 16)κ
(c) The claim by or the possession of any person, firm, corporation, association or company to any land.
2. The property described in subsection 1 shall be listed under the head of real estate.
3. When an agreement has been entered into, whether in writing or not, or when there is sufficient reason to believe that an agreement has been entered into, for the dismantling, moving or carrying away or wrecking of the property described in subsection 1, or where such property shall undergo any change whereby it shall be depreciated in value or entirely lost to the county, such property shall be classified as personal property, and not real estate.
4. For the purposes of this chapter, real estate shall not include leasehold or other possessory interests in land owned by the Federal Government on which land the Federal Government is paying taxes to the State of Nevada or is, pursuant to contractual obligation, paying any sum in lieu of taxes to the State of Nevada.
________
Assembly Bill No. 42Mr. Vaughan
CHAPTER 264
AN ACT to amend NRS sections 123.250, 123.260, 133.020, 133.030, 134.010 and 134.220 relating to testamentary disposition of community property; to repeal NRS 134.020.
[Approved March 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 123.250 is hereby amended to read as follows:
123.250 [Upon the death of the wife the entire community property shall vest, without administration, in the surviving husband, except that in case the husband shall have abandoned his wife and lived separate and apart from her without such cause as would have entitled him to a divorce, the half of the community property subject to the payment of its equal share of the debts chargeable to the estate owned in community by the husband and wife, is at her testamentary disposition in the same manner as her separate property, and in the absence of such disposition goes to her descendants equally, if such descendants are in the same degree of kindred to the decedent; otherwise, according to the right of representation; and in the absence of both such disposition and such descendants, shall vest in her other heirs at law, exclusive of her husband.] Upon the death of either husband or wife, one-half of the community property belongs to the surviving spouse; the other half is subject to the testamentary disposition of the decedent, and in the absence thereof goes to the surviving spouse, subject to the provisions of NRS 123.260.
Sec. 2. NRS 123.260 is hereby amended to read as follows:
123.260 [1. Upon the death of the husband one-half of the community property shall vest in the surviving wife, and the other half is subject to the testamentary disposition of the husband, and in the absence of such disposition goes to his surviving children equally, and in the absence of both such disposition and surviving children, the entire community property shall vest without administration in the surviving wife, except as hereinafter provided, subject, however, to all debts contracted by the husband during his life that were not barred by the statute of limitation at the time of his death; but the homestead set apart by the husband and wife, or either of them, before his death, and such other property as may be exempt by law from execution or forced sale, shall be set apart for the use of the widow and minor heirs, and if no minor heirs, for the use of the widow.
κ1957 Statutes of Nevada, Page 360 (CHAPTER 264, AB 42)κ
absence of such disposition goes to his surviving children equally, and in the absence of both such disposition and surviving children, the entire community property shall vest without administration in the surviving wife, except as hereinafter provided, subject, however, to all debts contracted by the husband during his life that were not barred by the statute of limitation at the time of his death; but the homestead set apart by the husband and wife, or either of them, before his death, and such other property as may be exempt by law from execution or forced sale, shall be set apart for the use of the widow and minor heirs, and if no minor heirs, for the use of the widow.
[2. In the case of the dissolution of the community by the death of the husband, the entire community property is equally subject to his debts, the family allowance, and charges and expense of administration; but if in the absence of testamentary disposition the surviving wife and children, and in the absence of such children, the wife shall pay or cause to be paid all indebtedness legally due from the estate, or secure the payment of the same to the satisfaction of the creditors of the estate, then and in such case the community property shall not be subject to administration.] 1. Community property passing from the control of the husband, either by reason of his death or by virtue of testamentary disposition by the wife, is subject to his debts and to administration and disposal under the provisions of Title 12 of NRS; but in the event of such testamentary disposition by the wife, the husband, pending administration, shall retain the same power to sell, manage and deal with the community property as he had in her lifetime; and his possession and control of the community property shall not be transferred to the personal representative of the wife except to the extent necessary to carry her will into effect.
2. After 40 days from the death of the wife, the surviving husband shall have full power to sell, lease, mortgage or otherwise deal with and dispose of the community real property, unless a notice is recorded in the county in which the property is situated to the effect that an interest in the property, specifying it, is claimed by another under the wifes will.
Sec. 3. NRS 133.020 is hereby amended to read as follows:
133.020 [Except as is provided in NRS 133.030, every] Every person of sound mind, over the age of 18 years, may, by last will, dispose of all his or her estate, real and personal, the same being chargeable with the payment of the testators debts.
Sec. 4. NRS 133.030 is hereby amended to read as follows:
133.030 1. Any married woman may dispose of all her separate estate by will, absolutely, without the consent of her husband, either express or implied, and may alter or revoke the same in like manner as a person under no disability may do. Her will must be attested, witnessed and proved in like manner as all other wills.
2. A married woman may [not] dispose of community property by will as provided by law. [, except that in case the husband shall have abandoned his wife and lived separate and apart from her without such cause as would have entitled him to a divorce, the half of the community property subject to the payment of its equal share of the debts chargeable to the estate owned in community by the husband and wife is at her testamentary disposition in the same manner as her separate property.]
κ1957 Statutes of Nevada, Page 361 (CHAPTER 264, AB 42)κ
debts chargeable to the estate owned in community by the husband and wife is at her testamentary disposition in the same manner as her separate property.]
Sec. 5. NRS 134.010 is hereby amended to read as follows:
134.010 Upon the death of either the husband or the wife [the entire] community property shall vest as provided in NRS 123.250.
Sec. 6. NRS 134.020 is hereby repealed.
Sec. 7. NRS 134.220 is hereby amended to read as follows:
134.220 With the exception of NRS 134.010, [and 134.020,] the provisions of this chapter, as to the inheritance of the husband and wife from each other, apply only to the separate property of the intestate.
________
Senate Bill No. 78Senator Lovelock
CHAPTER 265
AN ACT to amend NRS sections 680.030 and 680.060 relating to the appointment, compensation and expenses of the commissioner of insurance.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 680.030 is hereby amended to read as follows:
680.030 [The commissioner of insurance shall be appointed by and be responsible to the governor. He shall not be in the classified service.] 1. The commissioner of insurance shall be appointed by the governor for a term of 4 years effective on and after July 1, 1957. The commissioner must possess the minimum qualifications required by NRS 680.040. Before appointing the commissioner and successor commissioners, the governor shall consult with the recognized statewide insurance associations representing the insurance industry within the State of Nevada, and an authorized representative of all domestic insurance companies, and consider their recommendations for commissioner.
2. Should the office of commissioner of insurance become vacant from any cause during the 4-year term, the replacement appointment shall be for the unexpired term and must be made within 6 months after the vacancy occurs, in the manner provided in subsection 1.
Sec. 2. NRS 680.060 is hereby amended to read as follows:
680.060 1. The commissioner shall receive an annual salary of not less than $9,000.
2. He shall receive the per diem expense allowance and travel expenses as fixed by law.
________
κ1957 Statutes of Nevada, Page 362κ
Assembly Bill No. 314Messrs. Leavitt, Christensen (Clark) and Ryan
CHAPTER 266
AN ACT appropriating moneys for the support and maintenance of the Lost City museum for the biennium beginning July 1, 1957, and ending June 30, 1959; providing that the superintendent of the state department of buildings and grounds supervise the expenditure of such moneys; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium beginning July 1, 1957, and ending June 30, 1959, there is hereby appropriated from any money in the state treasury not otherwise appropriated the sum of $14,000, for the support and maintenance of the Lost City museum in Clark County, Nevada. Of the $14,000 herein appropriated, $8,400 shall be expended for the salary of the curator of the museum. The balance of the funds provided in this act shall be expended on and for the museum by the superintendent of the state department of buildings and grounds for its support and maintenance, and shall be paid out on claims as other claims against the state are paid.
________
Senate Bill No. 160Senator Slattery
CHAPTER 267
AN ACT to amend NRS section 3.010 relating to the judicial districts of the State of Nevada and the number of district judges therein; creating a second office of district judge in the first judicial district and a fourth office of district judge in the eighth judicial district; providing the manner of filling vacancies which may occur and the payment of salaries of the persons so appointed; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.010 is hereby amended to read as follows:
3.010 1. The state is hereby divided into eight judicial districts, as follows:
First judicial district. The counties of Ormsby, Douglas, Churchill, Storey and Lyon shall constitute the first judicial district.
Second judicial district. The county of Washoe shall constitute the second judicial district.
Third judicial district. The counties of Eureka and Lander shall constitute the third judicial district.
Fourth judicial district. The county of Elko shall constitute the fourth judicial district.
Fifth judicial district. The counties of Mineral, Esmeralda and Nye shall constitute the fifth judicial district.
Sixth judicial district. The counties of Pershing and Humboldt shall constitute the sixth judicial district.
κ1957 Statutes of Nevada, Page 363 (CHAPTER 267, SB 160)κ
Seventh judicial district. The counties of White Pine and Lincoln shall constitute the seventh judicial district.
Eighth judicial district. The county of Clark shall constitute the eighth judicial district.
2. For each of the judicial districts, except the first, second and eighth judicial districts, there shall be one judge elected. For the first judicial district there shall be two judges elected. For the second [and eighth judicial districts] judicial district there shall be three judges elected. [for each district.] For the eighth judicial district there shall be four judges elected.
3. Whenever a vacancy shall occur in the office of any district judge it shall be filled as provided by law.
Sec. 2. Until the 1st Monday in January 1959, the judicial districts shall be and remain as heretofore provided by law unless there shall occur a vacancy in the judges office of any judicial district as now provided by law, in which event the provisions of this act shall take immediate effect and apply to such judicial districts where a vacancy occurs as aforesaid.
Sec. 3. If a vacancy in the office of district judge in the first judicial district is filled prior to the 1st Monday in January 1959, pursuant to the provisions of section 2, the person appointed shall receive an annual salary of $9,000 as provided in NRS 3.030, and shall receive for his services during that period as ex officio circuit judge an annual salary of $6,000, as provided in NRS 3.040. If a vacancy in the office of district judge in the eighth judicial district is filled prior to the 1st Monday in January 1959, pursuant to the provisions of section 2, the person appointed shall receive an annual salary of $10,000 as provided in NRS 3.030, and shall receive for his services during that period as ex officio circuit judge an annual salary of $5,000, as provided in NRS 3.040.
Sec. 4. Chapter 102, Statutes of Nevada 1957, entitled An Act to amend NRS section 3.010 relating to judicial districts and the number of district judges by creating a fourth office of district judge in the eighth judicial district; providing the manner of filling the vacancy so created; and other matters property relating thereto, approved March 16, 1957, is hereby expressly repealed.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 423Mr. Evans
CHAPTER 268
AN ACT to amend NRS section 281.230 relating to unlawful commissions and compensation to state, county and municipal officers, their deputies and employees.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.230 is hereby amended to read as follows:
281.230 1. No [deputy or employee of any] state, county or municipal officer of the State of Nevada nor any deputy or employee of any state, county or municipal officer of the State of Nevada shall in any manner, directly or indirectly, receive any commission, personal profit, or compensation of any kind or nature, inconsistent with loyal service to the people, resulting from any contract or other transaction in which the state, county or municipality is in any way interested or affected.
κ1957 Statutes of Nevada, Page 364 (CHAPTER 268, AB 423)κ
state, county or municipal officer of the State of Nevada shall in any manner, directly or indirectly, receive any commission, personal profit, or compensation of any kind or nature, inconsistent with loyal service to the people, resulting from any contract or other transaction in which the state, county or municipality is in any way interested or affected.
2. Any contract or transaction prohibited by this section entered into with any of the persons designated in subsection 1, with the knowledge of the party so entering into the same, shall be void.
3. Every person violating 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 not exceeding 6 months, and shall be removed or dismissed immediately from service.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 450Nye County Delegation
CHAPTER 269
AN ACT to amend NRS section 354.210 relating to the publication of the amount of bills allowed by boards of county commissioners.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.210 is hereby amended to read as follows:
354.210 1. Except as provided in subsection 3, the board of county commissioners shall cause the amount of all bills allowed by it, together with the names of the persons to whom such allowances are made and for what such allowances are made, to be published in some newspaper published in the county.
2. The amount paid for such publication shall not exceed the statutory rate for publication of legal notices, and the publication shall not extend beyond a single insertion.
3. Where no newspaper is published in a county, the board of county commissioners [shall] may cause to be published, in some newspaper having a general circulation within the county, the allowances provided for in subsection 1, or shall cause the clerk of the board to post [the allowances provided for in subsection 1] such allowances at the door of the courthouse.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 365κ
Assembly Bill No. 453Clark County Delegation
CHAPTER 270
AN ACT to amend NRS sections 244.650, 244.660 and 244.720 relating to county fair and recreation boards, their creation, oaths, bonds and compensation of board members, and the form, contents and redemption requirements of bonds issued by such boards, and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.650 is hereby amended to read as follows:
244.650 1. [In January, February and March of 1957, and during the same 3 months every 2 years thereafter, the board shall be reorganized. In January of each biennium the board of county commissioners of any county having previously formed a county fair and recreation board shall adopt a resolution providing for the reorganization of the board and shall publish and mail copies of the resolution as provided for the original organization of the board.] Whenever a vacancy occurs among the members of any county fair and recreation board by reason of resignation, death, expiration of a members elected term of office, an increase in population, or otherwise, the vacancy shall be filled by the board of county commissioners, in case of county members, and by the chief executive with the approval of the legislative body of the city, in case of city members.
2. [Upon receipt of a copy of the resolution, the municipal members and members at large shall be appointed and qualify as provided for the original board. The population figures used for the reorganization shall be those determined by the United States census for the year immediately preceding the year of the reorganization.] During January of 1959, and during January of each odd-numbered year thereafter, each county fair and recreation board in this state shall reorganize by electing the officers designated in subsection 1 of NRS 244.665, who shall hold office for the ensuing biennium, or until their successors are elected and qualified. Any vacancy among such officers occurring between biennial elections shall be filled by the county fair and recreation board to serve out the unexpired term of his predecessor.
Sec. 2. NRS 244.660 is hereby amended to read as follows:
244.660 1. Whenever any county fair and recreation board has been organized or reorganized, each member thereof shall file with the county clerk:
(a) His oath of office.
(b) A corporate surety bond furnished at county expense, in an amount not to exceed $1,000, and conditioned for the faithful performance of his duties as a member of the board.
2. [Each member of the board may receive as compensation for his services a sum not in excess of $60 per year, payable monthly.] No member shall receive any compensation as an employee of the board or otherwise, [other than that provided in this section] and no member of the board shall be interested in any contract or transaction with the board or the county except in his official representative capacity.
κ1957 Statutes of Nevada, Page 366 (CHAPTER 270, AB 453)κ
with the board or the county except in his official representative capacity.
Sec. 3. NRS 244.720 is hereby amended to read as follows:
244.720 1. The bonds shall:
(a) Be of convenient denominations.
(b) Be negotiable in form.
(c) Mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal and interest, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 20 years from the date.
(d) Bear interest at the rate of not more than 5 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals.
(e) Be made payable in lawful money of the United States, at such place or places within or without the State of Nevada as may be provided by the board.
(f) Have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds.
2. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached.
3. The bonds and coupons shall be signed by the chairman of the county fair and recreation board and countersigned by the county treasurer, and they shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons.
4. The [board of county commissioners] county fair and recreation board may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such [premium] premiums as may be determined by the board in the resolution authorizing the issuance of the bonds.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 474Mr. Byrne
CHAPTER 271
AN ACT authorizing and empowering the mayor and the city council of the city of Henderson, Nevada, to sell or exchange certain real property; providing for the manner of such sales or exchanges and appraisals of such real property; and other matters properly relating thereto.
[Approved March 28, 1957]
Whereas, The city of Henderson, Nevada, has the right to acquire approximately 6,859 acres of land by patent from the United States pursuant to Public Law 522 of the 84th Congress; and
Whereas, The best interests of the people of the city of Henderson in particular and the people of Clark County in general require that such lands be put to their maximum beneficial use when acquired; and
Whereas, To insure maximum beneficial use of such lands it is essential that the city of Henderson be authorized to dispose of such lands from time to time; now, therefore,
κ1957 Statutes of Nevada, Page 367 (CHAPTER 271, AB 474)κ
essential that the city of Henderson be authorized to dispose of such lands from time to time; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. The mayor and the city council of the city of Henderson, a city incorporated under the provisions of chapter 266 of NRS, are hereby authorized and empowered to sell or exchange all or any part of the real property described in section 2 hereof in the manner hereinafter provided.
2. Whenever, by resolution duly and regularly adopted in the manner provided by law, the mayor and the city council find that for specific reasons set forth in such resolution the public welfare will be served by the sale or exchange of specified portions of the real property described in section 2, the planning commission of the city of Henderson shall appoint three disinterested and competent appraisers to appraise the land to be sold or exchanged and any land proposed to be received by exchange.
3. Upon receipt of the reports of the appraisers, the lands described therein may be sold or exchanged at private sale, notwithstanding any other provision of law, for a consideration of a value not less than the average appraised value as disclosed by such reports.
4. Upon receipt of the consideration for the sale or exchange of such land, the mayor and the city clerk are authorized and empowered to execute such conveyance or other documents as may be necessary to transfer such real property to the purchaser.
Sec. 2. The lands authorized to be sold pursuant to section 1 consist of approximately 6,859 acres in Clark County, Nevada, more particularly described as follows:
1. All of sections 2, 3, 4 and 24, township 22 south, range 62 east, M.D.B. & M.
2. All of section 33, township 21 south, range 63 east, M.D.B. & M.
3. The east half of section 8; the east half of section 17; east half of section 20; west half of section 21; the east half and the northwest quarter of section 28; all of sections 30, 31 and 32; all in township 22 south, range 63 east, M.D.B. & M.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 478Committee on Ways and Means
CHAPTER 272
AN ACT authorizing the superintendent of state printing to purchase two typesetting machines, and making an appropriation therefor.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated out of any money in the general fund in the state treasury not otherwise appropriated the sum of $37,500 for purchase of two typesetting machines for use in the state printing office, and the superintendent of state printing is hereby authorized to make such purchase.
κ1957 Statutes of Nevada, Page 368 (CHAPTER 272, AB 478)κ
of $37,500 for purchase of two typesetting machines for use in the state printing office, and the superintendent of state printing is hereby authorized to make such purchase.
________
Assembly Bill No. 490Committee on Ways and Means
CHAPTER 273
AN ACT to amend NRS section 218.770 relating to the powers and duties of the legislative auditor and to amend NRS section 353.210 relating to submission of expenditure estimates by state departments.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.770 is hereby amended to read as follows:
218.770 The powers and duties of the legislative auditor shall be:
1. To perform a postaudit of all accounts, books and other financial records of all state departments that are charged with the collection, custody or expenditure of public funds, and to prepare a written report or reports of such audit or audits to the legislative counsel bureau and to such other person or persons designated in this chapter.
2. To personally, or by his duly authorized assistants, examine and audit at least once a year all fiscal books, records and accounts of all officers, personnel, custodians of public funds, disbursing officers, property custodians and purchasing agents, and to make independent verifications of all assets, liabilities, revenues and expenditures of the state, and its officers and departments, now in existence or hereafter created.
3. To require such changes in the accounting system or systems and record or records of the state departments as in his opinion will augment or provide a uniform, adequate and efficient system of records and accounting.
4. To determine whether the handling of the public money is protected by adequate accounting controls.
5. To determine whether all revenues or accounts due have been collected or properly accounted for and whether expenditures have been made in conformance with law and good business practice.
6. To determine whether the fiscal controls established by law and by administrative regulation are being properly applied.
7. To determine whether fraud or dishonesty has occurred in the handling of funds or property.
8. To determine whether property and equipment are properly accounted for and that none is improperly used or disposed of.
9. To determine whether the accounting reports and statements issued by the agency under examination are an accurate reflection of the operations and financial condition.
10. To work with the executive officers of any and all state departments in outlining and installing a uniform, adequate and efficient system of records and accounting.
κ1957 Statutes of Nevada, Page 369 (CHAPTER 273, AB 490)κ
11. To require the aid and assistance of executives and officials, auditors, accountants, and other employees of all the state departments at all times in the inspection, examination and audit of any and all books, accounts and records in their possession.
12. To employ and authorize, at his discretion and subject to his direction and responsibility, an independent public accountant or firm of public accountants, doing business within the State of Nevada, to perform an audit, inspection and examination of all books, accounts, claims, reports, vouchers or other records of all state departments whose disbursements in whole or in part are paid out of the funds received from sources other than the general fund, or whose funds may be considered funds held in trust and not used for general governmental purposes, or whose funds are invested. The expenses and costs for such independent audit shall be paid by the state department audited. The provisions of this subsection shall not be applicable to the employment security department.
13. To ascertain facts and make recommendations to the legislature concerning the state budget and the estimates of the expenditure requirements of the departments, institutions and agencies of the state government.
Sec. 2. NRS 353.210 is hereby amended to read as follows:
353.210 1. On or before October 1 of the even-numbered years, all departments, institutions and other agencies of the state government, and all agencies receiving state funds, fees or other moneys under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the director of the budget, and submit to the director estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for each fiscal year of the biennium compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.
2. The expenditure estimates shall be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the director. If any department, institution or other agency of the state government, whether its funds be derived from state funds or from other moneys collected under the authority of the state, shall fail or neglect to submit estimates of its expenditure requirements as herein provided, the director shall have power and authority, from any data at hand in his office or which, in his discretion, he may examine or obtain elsewhere, to make and enter an arbitrary budget for such department, institution or agency in accordance with such data as he may have at hand or obtain.
3. On or before December 1, of the even-numbered years, the director shall deliver copies of the expenditure estimates to the legislative auditor, together with such other information as required by subsection 1.
________
κ1957 Statutes of Nevada, Page 370κ
Assembly Bill No. 491Committee on Ways and Means
CHAPTER 274
AN ACT authorizing and directing the state planning board to proceed with the preplanning of essential capital improvements for the State of Nevada.
[Approved March 28, 1957]
Whereas, Preplanning of capital improvements is an essential part of a workable long-range construction program for the State of Nevada; and
Whereas, It is now desirable and necessary that the state planning board undertake and carry out essential preplanning of capital improvements for the State of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. After the effective date of this act the state planning board is hereby authorized and directed to proceed with the preplanning of the following essential projects:
1. Recreation building, Nevada state prison.
2. State office building, Reno, Nevada.
3. Recreation building, Nevada state hospital.
4. Classroom building, University of Nevada, Las Vegas, Nevada.
5. Fine arts building, University of Nevada, Reno, Nevada.
6. History building, University of Nevada, Reno, Nevada.
7. Personnel building, Nevada state hospital.
8. Personnel building, state forester firewarden.
9. Utility distribution, University of Nevada, Reno, Nevada.
10. Minimum facilities, Nevada state hospital, Las Vegas, Nevada.
11. Master planned development, Nevada state prison.
12. Master planned development, capitol facilities, Carson City, Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 371κ
Assembly Bill No. 492Committee on Ways and Means
CHAPTER 275
AN ACT appropriating the sum of $28,554 from the state highway fund for the purpose of the design, construction and equipment of a Nevada highway patrol control post at Wells, Nevada; appropriating the sum of $1,691,009.29 from the general fund for various state capital improvements, design and construction, furnishings, land appraisals and acquisitions, advance planning, structural safety surveys and the repayment of advanced federal funds; stating the powers, duties and responsibilities of the state planning board and various officers and boards in connection therewith; providing certain limitations on the expenditure of the funds herein appropriated; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. For the support of the state planning board in carrying out the design, construction and equipment of a Nevada highway patrol control post at Wells, Nevada, there is hereby appropriated from the state highway fund out of any moneys not otherwise appropriated the sum of $28,554.
2. None of the moneys herein appropriated shall be expended by the state planning board until an adequate site has been acquired in fee by the Nevada highway patrol.
3. The state planning board is charged with the duty of carrying out the provisions of this section relating to design, contract administration, construction and equipment provided for in this section. The state planning board shall employ competent architects, who in turn shall employ competent structural, mechanical and electrical engineers in preparing plans and specifications. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the building and equipment thereof. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of the construction and equipment, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
4. The director of the Nevada highway patrol and the state planning board shall cooperate in carrying out the provisions of this section. All plans and specifications for the whole or part or parts of the construction and equipment shall be approved by the director of the Nevada highway patrol, and each contract shall be approved by the attorney general before any such contract may be let.
Sec. 2. For the support of the state planning board in carrying out the program of capital improvements, design and construction, furnishings, land appraisals and acquisition, advanced planning, structural safety surveys and the repayment of advanced federal funds set forth in sections 3 to 16, inclusive, there is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $1,691,009.29 to be allocated as set forth in sections 3 to 16, inclusive.
κ1957 Statutes of Nevada, Page 372 (CHAPTER 275, AB 492)κ
structural safety surveys and the repayment of advanced federal funds set forth in sections 3 to 16, inclusive, there is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $1,691,009.29 to be allocated as set forth in sections 3 to 16, inclusive.
Sec. 3. 1. The sum of $119,576 of the moneys appropriated in section 2 is hereby allocated for the purpose of the completion of the state office building in Carson City, Nevada.
2. The sum of $25,000 of the moneys appropriated in section 2 is hereby allocated for the purpose of remedial steps to lessen dangers of fire and structural failures of the state capitol in Carson City, Nevada.
3. The sum of $18,000 of the moneys appropriated in section 2 is hereby allocated for the purpose of the construction of temporary storage facilities for combustible material in the state capitol, such facilities to be located upon the grounds of the Nevada state childrens home.
4. The sum of $10,000 of the moneys appropriated in section 2 is hereby allocated for the purpose of making security alterations in the office of the state treasurer in the state capitol.
5. The state planning board is hereby charged with the duty of carrying out the provisions of this section relating to design, contract administration, construction and equipment provided for in this section. The superintendent of the state department of buildings and grounds and the state planning board shall cooperate in carrying out the provisions of this section. All plans and specifications for the whole or part or parts of the construction and equipment shall be approved by the superintendent of the state department of buildings and grounds and each contract shall be approved by the attorney general before any such contract may be let.
6. With respect to subsections 1, 2, 3 and 4, the state planning board shall employ competent architects and engineers in preparing plans and specifications. The state planning board may advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the improvements designated in subsections 1, 2, 3 and 4. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of the construction and equipment, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 4. 1. The sum of $160,310 of the moneys appropriated in section 2 is hereby allocated for the purpose of the design and construction of a general utility building and the installation of an additional boiler in the boilerroom at the Nevada state hospital.
2. The sum of $50,000 of the moneys appropriated in section 2 is hereby allocated for the purpose of the design, construction, and furnishing in part of a childrens ward building at the Nevada state hospital.
κ1957 Statutes of Nevada, Page 373 (CHAPTER 275, AB 492)κ
hereby allocated for the purpose of the design, construction, and furnishing in part of a childrens ward building at the Nevada state hospital.
3. The state planning board is hereby charged with the duty of carrying out the provisions of this section relating to design, contract administration, construction and equipment provided for in this section. The superintendent of the Nevada state hospital and the state planning board shall cooperate in carrying out the provisions of this section. All plans and specifications for the whole or part or parts of the construction and equipment shall be approved by the superintendent of the Nevada state hospital and each contract shall be approved by the attorney general before any such contract may be let.
4. With respect to subsections 1 and 2, the state planning board shall employ competent architects, who in turn shall employ competent structural, mechanical and electrical engineers in preparing plans and specifications. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the buildings and equipment thereof. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of the construction and equipment, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 5. 1. The sum of $508,860 of the moneys appropriated in section 2 is hereby allocated for the purpose of the design, construction and furnishing of a maximum security cell block at the Nevada state prison.
2. The sum of $106,093 of the moneys appropriated in section 2 is hereby allocated for the purpose of supplementing previous appropriations for the purpose of the design, construction and equipment of a central heating plant at the Nevada state prison.
3. The state planning board is hereby charged with the duty of carrying out the provisions of this section relating to design, contract administration, construction and equipment provided for in this section. The warden of the Nevada state prison and the state planning board shall cooperate in carrying out the provisions of this section. All plans and specifications for the whole or part or parts of the construction and equipment shall be approved by the warden of the Nevada state prison and each contract shall be approved by the attorney general before any such contract may be let.
4. With respect to subsections 1 and 2, the state planning board shall employ competent architects, who in turn shall employ competent structural, mechanical and electrical engineers in preparing plans and specifications. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the buildings and equipment thereof.
κ1957 Statutes of Nevada, Page 374 (CHAPTER 275, AB 492)κ
sealed bids for the construction of the buildings and equipment thereof. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of the construction and equipment, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 6. 1. The sum of $82,392 of the moneys appropriated in section 2 is hereby allocated for the purpose of supplementing previous appropriations made for the purpose of completing the construction, equipping and furnishing of Manzanita Hall at the University of Nevada, Reno, Nevada.
2. The sum of $64,000 of the moneys appropriated in section 2 is hereby allocated for the purpose of the design and construction of adequate flood protection facilities for the Orr Ditch and the Block N Ditch on the campus of the University of Nevada, Reno, Nevada. No such moneys herein allocated shall be disbursed by the state planning board until the city of Reno, Nevada, shall appropriate and set aside sufficient moneys to equal its proportionate cost of providing such flood protection facilities.
3. The sum of $54,000 of the moneys appropriated in section 2 is hereby allocated for the purpose of the design and construction of the first phase of a primary power distribution system on the campus of the University of Nevada, Reno, Nevada.
4. The state planning board is hereby charged with the duty of carrying out the provisions of this section relating to design, contract administration, construction and equipment provided for in this section. The board of regents of the University of Nevada and the state planning board shall cooperate in carrying out the provisions of this section. All plans and specifications for the whole or part or parts of the construction and equipment shall be approved by the board of regents of the University of Nevada and each contract shall be approved by the attorney general before any such contract may be let.
5. With respect to subsection 1, the state planning board shall employ competent architects, who in turn shall employ competent structural, mechanical and electrical engineers in preparing plans and specifications. With respect to subsections 2 and 3, the state planning board shall employ competent engineers in preparing plans and specifications. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the improvements designated in subsections 1, 2 and 3. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of the construction and equipment, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
κ1957 Statutes of Nevada, Page 375 (CHAPTER 275, AB 492)κ
contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 7. The sum of $26,537 of the moneys appropriated in section 2 is hereby allocated for the purpose of employing the professional services of an accredited and qualified land appraiser to prepare an appraisal cost report of 19.5 blocks, more or less, of real property located in Carson City, Nevada. The state planning board is charged with the duty of carrying out the provisions of this section.
Sec. 8. The sum of $60,000 of the moneys appropriated in section 2 is hereby allocated for the purpose of acquiring by fee purchase and surveys two parcels totaling 50 acres, more or less, in the environs of the city of Las Vegas, Nevada. The state planning board is charged with the duty of carrying out the provisions of this section.
Sec. 9. The sum of $250,000 of the moneys appropriated in section 2 is hereby allocated for the purpose of acquiring by fee purchase 5.5 blocks, more or less, of real property in Carson City, Nevada. The state planning board is charged with the duty of carrying out the provisions of this section.
Sec. 10. The sum of $45,000 of the moneys appropriated in section 2 is hereby allocated for the purpose of acquiring 18 acres, more or less, in Reno, Nevada, for the use of the University of Nevada. The state planning board is charged with the duty of carrying out the provisions of this section.
Sec. 11. The sum of $25,000 of the moneys appropriated in section 2 is hereby allocated for the purpose of acquiring an option to purchase 5 blocks, more or less, of real property in Carson City, Nevada. The state planning board is charged with the duty of carrying out the provisions of this section.
Sec. 12. The sum of $15,000 of the moneys appropriated in section 2 is hereby allocated for the purpose of acquiring an option to purchase 9 blocks, more or less, of real property in Carson City, Nevada. The state planning board is charged with the duty of carrying out the provisions of this section.
Sec. 13. After acquisition of the real property designated in sections 8 and 9, the superintendent of the state department of buildings and grounds may rent or lease all or any part thereof for such terms and amounts as may be approved by the state planning board. All moneys received by the superintendent of the state department of buildings and grounds under the provisions of this section shall be deposited in the general fund in the state treasury.
Sec. 14. The sum of $32,293 of the moneys appropriated in section 2 is hereby allocated for the purpose of advance planning of the following projects and in the sums set forth thereafter:
1. Legislative building, Carson City, Nevada............................................... $3,262
2. Capitol building, Carson City, Nevada...................................................... 6,416
3. Industrial school for girls............................................................................ 3,839
4. Industrial building, Nevada state prison................................................... 358
κ1957 Statutes of Nevada, Page 376 (CHAPTER 275, AB 492)κ
5. State office building, Las Vegas, Nevada................................................. $8,000
6. Archive storage, Carson City, Nevada...................................................... 418
7. Science building, University of Nevada, Reno, Nevada, remodeling and expansion.................................................................................................. 10,000
The state planning board is charged with the duty of carrying out the provisions of this section, and may acquire such architectural and engineering services as may be necessary to carry out the provisions of this section.
Sec. 15. The sum of $35,150 of the moneys appropriated in section 2 is hereby allocated for the purpose of obtaining structural safety surveys of the following buildings and in the sums set forth thereafter:
1. Bureau of Mines Building, University of Nevada, Reno, Nevada........ $3,000
2. School of Mines Building, University of Nevada, Reno, Nevada......... 3,500
3. Stewart Hall, University of Nevada, Reno, Nevada................................. 2,350
4. Education or Agriculture Building, University of Nevada, Reno, Nevada ........................................................................................................... 3,500
5. Nevada state prison..................................................................................... 13,200
6. Nevada state childrens home.................................................................... 3,600
7. State printing office...................................................................................... 3,000
8. State museum, Carson City, Nevada.......................................................... 3,000
The state planning board is charged with the duty of carrying out the provisions of this section, and may acquire such structural engineering services as may be necessary to carry out the provisions of this section.
Sec. 16. The sum of $3,798.29 of the moneys appropriated in section 2 is hereby allocated for the purpose of repayment of advance planning fees advanced by the Housing and Home Finance Agency for advance planning of the state office building in Las Vegas, Nevada. The moneys herein allocated, together with the balance of the moneys on deposit in the Las Vegas office building account in the sum of $5,801.71 in the state treasury, shall be paid to the Housing and Home Finance Agency, upon the presentation of a claim therefor and the approval by the state planning board and the state board of examiners.
Sec. 17. This act shall become effective upon passage and approval.
________
Assembly Bill No. 493Committee on Ways and Means
CHAPTER 276
AN ACT authorizing and empowering the state planning board to sell or otherwise dispose of the state office building in Las Vegas, Nevada, under certain circumstances; providing for the duties of certain state officers in connection therewith; providing for the disposition of the proceeds of sale; and other matters properly relating thereto.
[Approved March 28, 1957]
Whereas, An investigation of the office space requirements of state agencies in Las Vegas, Nevada, indicates that in 1960 there will be a space deficiency of approximately 22,000 square feet; and
κ1957 Statutes of Nevada, Page 377 (CHAPTER 276, AB 493)κ
space deficiency of approximately 22,000 square feet; and
Whereas, The existing Las Vegas state office building was designed to receive two additional floors, but this added construction would provide only 12,000 square feet of additional area thereby leaving a yet unsolved deficiency of 10,000 square feet; and
Whereas, Based upon the aforementioned survey, the state planning board has recommended the development of a new state administrative center in Las Vegas, Nevada, and the subsequent disposal of the existing state office building; and
Whereas, The city of Las Vegas has expressed a desire to acquire the state office building therein by either direct purchase, trade, or both; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. After adequate office facilities have been provided for the state agencies occupying the state office building in Las Vegas, Nevada, the state planning board is hereby authorized and empowered to sell or otherwise dispose of the state office building in Las Vegas, Nevada, for money or property or both, for cash or on terms, at a consideration of a value not less than the original cost of construction of such building. Any moneys received as the purchase price thereof shall be deposited in the general fund in the state treasury.
Sec. 2. The governor is authorized to execute on behalf of the State of Nevada all necessary contracts, agreements, conveyances or other documents pertaining to such sale or other disposition after the same have been approved by the attorney general.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 494Mr. Evans
CHAPTER 277
AN ACT authorizing and directing the governor to acquire on behalf of and for the use of the State of Nevada and the Nevada school of industry certain real property in Elko County, Nevada; making an appropriation therefor; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The governor is hereby authorized and directed to acquire by purchase from William B. Byrne and Julie Joanne Byrne, husband and wife, for the use and benefit of the Nevada school of industry, at a purchase price of $1.25 per acre, that certain real property situate, lying and being in the County of Elko, State of Nevada, and more particularly described as follows, to wit:
N-1/2 NE-1/4, SW-1/4 NE-1/4, NW-1/4 and SW-1/4 of section 36, T. 35 N., R. 55 E., M.D.B. & M., of the County of Elko, State of Nevada, containing 440.00 acres more or less.
κ1957 Statutes of Nevada, Page 378 (CHAPTER 277, AB 494)κ
Sec. 2. The governor is hereby authorized and directed to acquire by purchase from William B. Byrne and Julie Joanne Byrne, husband and wife, for the use and benefit of the State of Nevada, at a purchase price of $1.25 per acre, that certain real property being a parcel or strip of land 250 feet wide across the SE-1/4 of Section 36, T. 35 N., R. 55 E., M.D.B. & M., and being more particularly described as follows, to wit:
Beginning at a point in the south boundary of the SW-1/4 SE-1/4 of said section 36, which point bears N. 89° 38′ 30ʺ W., 96.07 feet from Highway Engineers Station A135+55.90 P.O.T.; said point of beginning further described as bearing S. 89° 38′ 30ʺ E., 42.33 feet from the south one quarter corner of said section 36; thence N. 39° 02′ E., 3417.27 feet to a point in the north line of the NE-1/4 SE-1/4 of said section 36, which point bears N. 89° 46′ 19ʺ W., 96.24 feet from Highway Engineers Station A 169+73.45 P.O.T.; thence S. 89° 46′ 19ʺ E., 320.81 feet to a point which bears N. 89° 46′ 19ʺ W., 153.85 feet from the reestablished east one quarter corner of said section 36; thence S. 39° 02′ W., 3418.20 feet to a point; thence N. 89° 38′ 30ʺ W., 320.23 feet to point of beginning. Containing 19.6152 acres, more or less.
Sec. 3. Payment of the purchase price of each of the parcels described in sections 1 and 2 shall be made from the moneys appropriated pursuant to section 4 upon delivery to the governor of proper deeds of conveyance thereof, which deeds shall first be approved by the attorney general. Upon receipt of such conveyances, the governor shall cause the same to be recorded in the office of the county recorder of Elko County, Nevada.
Sec. 4. There is hereby appropriated from any moneys in the general fund in the state treasury not otherwise appropriated, the sum of $575 to be used by the governor to carry out the purposes of this act, and for no other purpose.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 379κ
Assembly Bill No. 499Committee on Ways and Means
CHAPTER 278
AN ACT to increase the salaries of certain appointive state officers; to amend NRS sections 209.110, 210.060, 331.030, 353.170, 381.130, 382.020, 658.040 and 680.080 relating to the salaries of the warden of the Nevada state prison, the superintendent of the Nevada school of industry, the superintendent of the state department of buildings and grounds, the director of the budget, the director of the Nevada state museum, the superintendent of banks, the executive secretary of the Nevada historical society and the chief deputy commissioner of insurance; to amend chapter 218 of NRS relating to the office of legislative auditor by creating a new provision relating to the appointment and compensation of a deputy legislative auditor; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 209.110 is hereby amended to read as follows:
209.110 The warden shall receive an annual salary of [$4,800,] $5,400, with mileage and expense allowances as provided by law when engaged in the discharge of his official duties. His salary shall be payable in semimonthly installments in the same manner as other state officers are paid.
Sec. 2. NRS 210.060 is hereby amended to read as follows:
210.060 1. The superintendent of the school shall be appointed by and be responsible to the governor, and he shall serve at the pleasure of the governor.
2. He shall reside on the school grounds in quarters to be furnished by the school.
3. Except as otherwise provided by law, his only compensation shall be an annual salary of [$4,800.] $5,400.
4. He shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 3. NRS 331.030 is hereby amended to read as follows:
331.030 1. The superintendent shall be appointed by and be responsible to the governor. He shall hold office for a term of 4 years corresponding to the term of the governor, unless sooner removed for cause.
2. He shall receive an annual salary of [$6,000.] $7,200.
3. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
Sec. 4. NRS 353.170 is hereby amended to read as follows:
353.170 The director of the budget shall receive an annual salary of [$7,200,] $7,800, together with the per diem and travel expenses as fixed by law.
Sec. 5. NRS 381.130 is hereby amended to read as follows:
381.130 The director of the Nevada state museum shall receive an annual salary of [$6,000.] $6,450.
Sec. 6. NRS 658.040 is hereby amended to read as follows:
658.040 The superintendent of banks shall receive an annual salary of [$7,200,] $10,000, payable in equal semimonthly installments as other state officers are paid.
κ1957 Statutes of Nevada, Page 380 (CHAPTER 278, AB 499)κ
other state officers are paid. Such salary shall be in full for all services rendered by him in connection with banks and banking in any capacity whatsoever under this Title or otherwise.
Sec. 7. NRS 680.080 is hereby amended to read as follows:
680.080 1. The commissioner may designate an employee of the department as his chief deputy, who shall not be in the classified service of the state.
2. The chief deputy shall receive an annual salary of [$6,000.] $6,600.
3. In case of the absence of the commissioner or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his chief deputy.
Sec. 8. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
There may be employed in the office of the legislative auditor a deputy who shall be in the unclassified service of the state and who shall receive an annual salary of $5,460.
Sec. 9. NRS 382.020 is hereby amended to read as follows:
382.020 1. The office of executive secretary of the Nevada historical society is hereby created.
2. The executive secretary of the Nevada historical society shall receive an annual salary of [$4,800] $6,450.
________
Assembly Bill No. 500Committee on Ways and Means
CHAPTER 279
AN ACT authorizing expenditures by various departments, boards, commissions, and agencies of the state government for the 2 fiscal years beginning on July 1, 1957, and ending on June 30, 1959, and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Expenditure of the following sums not appropriated from the general fund is hereby authorized during the 2 fiscal years beginning on July 1, 1957, and ending on June 30, 1959, by the various departments, boards, commissions, and agencies of the state government hereinafter mentioned.
Sec. 2. State Department of Agriculture-Economic Poisons Fund. The sum of $13,300 is authorized to be expended by the state department of agriculture for control of economic poisons.
Sec. 3. State Department of Agriculture-Fertilizer Control. The sum of $9,612 is authorized to be expended by the state department of agriculture for fertilizer control.
Sec. 4. State Department of Agriculture-Stock Inspection. The sum of $162,548 is authorized to be expended by the state department of agriculture for stock inspection.
Sec. 5. State Department of Agriculture-Apiary Inspection. The sum of $3,071 is authorized to be expended by the state department of agriculture for apiary inspection.
κ1957 Statutes of Nevada, Page 381 (CHAPTER 279, AB 500)κ
sum of $3,071 is authorized to be expended by the state department of agriculture for apiary inspection.
Sec. 6. State Board of Architecture. The sum of $3,810 is authorized to be expended by the state board of architecture.
Sec. 7. Superintendent of Banks-Regulation of Building and Loan Associations and Companies. The sum of $3,660 is authorized to be expended by the superintendent of banks for the regulation of building and loan associations and companies.
Sec. 8. Superintendent of Banks-Regulation of Small Loan Business. The sum of $1,860 is authorized to be expended by the superintendent of banks for the regulation of the small loan business.
Sec. 9. State Board of Examiners in the Basic Sciences. The sum of $2,750 is authorized to be expended by the state board of examiners in the basic sciences.
Sec. 10. Colorado River Commission-Administration. The sum of $143,285 is authorized to be expended by the Colorado River Commission for administration expenses.
Sec. 11. Nevada State Dairy Commission. The sum of $34,500 is authorized to be expended by the Nevada state dairy commission.
Sec. 12. Department of Education-Division of Indian Education. The sum of $425,942 is authorized to be expended by the division of Indian education of the department of education.
Sec. 13. Department of Education-Permanent School Fund. The sum of $736,316 is authorized to be expended by the permanent school fund for the purchase of bonds.
Sec. 14. Department of Education-Division of Vocational Rehabilitation. The sum of $28,770 is authorized to be expended by the division of vocational rehabilitation for O.A.S.I. disability determinations.
Sec. 15. State Board of Registered Professional Engineers. The sum of $17,325 is authorized to be expended by the state board of registered professional engineers.
Sec. 16. State Board of Fish and Game Commissioners. The sum of $2,327,070 is authorized to be expended by the state board of fish and game commissioners.
Sec. 17. Nevada Tax Commission-Gambling Tax Administration. The Nevada tax commission is authorized to expend from a percentage of the gross collections from gambling as authorized by law during the fiscal years of 1957 and 1958 the sum of $552,674.
Sec. 18. Hoisting Engineers Examining Boards. The sum of $1,304 is authorized to be expended by the hoisting engineers examining boards.
Sec. 19. Board of Medical Examiners of the State of Nevada. The sum of $29,950 is authorized to be expended by the board of medical examiners of the State of Nevada.
Sec. 20. State Board of Nurse Examiners. The sum of $10,830 is authorized to be expended by the state board of nurse examiners.
Sec. 21. Nevada Oil and Gas Conservation Commission. The sum of $1,450 is authorized to be expended by the Nevada oil and gas conservation commission.
κ1957 Statutes of Nevada, Page 382 (CHAPTER 279, AB 500)κ
Sec. 22. State Department of Personnel. The sum of $136,646 is authorized to be expended by the state department of personnel.
Sec. 23. State Board of Physical Therapy Examiners. The sum of $364 is authorized to be expended by the state board of physical therapy examiners.
Sec. 24. Department of Purchasing-Administration. The sum of $112,468 is authorized to be expended for the administration of the department of purchasing.
Sec. 25. Department of Purchasing-Surplus Property Division. The sum of $74,468 is authorized to be expended by the surplus property division of the department of purchasing.
Sec. 26. Superintendent of State Printing and State Printing Office. The sum of $600,000 is authorized to be expended by the superintendent of state printing for the operation of the state printing office.
Sec. 27. Public Employees Retirement System-Administration. The sum of $133,388 is authorized to be expended for the administration of the public employees retirement system.
Sec. 28. Nevada Racing Commission. The sum of $1,118 is authorized to be expended by the Nevada racing commission.
Sec. 29. State Sheep Commission. The sum of $25,440 is authorized to be expended by the state sheep commission for sheep inspection.
Sec. 30. State Woolgrowers Predatory Animal Committee. The sum of $112,806 is authorized to be expended by the state woolgrowers predatory animal committee for predatory animal control.
Sec. 31. State Welfare Department-U.S. Indian Service, Foster Care. The sum of $51,000 is authorized to be expended by the state welfare department for foster care of Indian children.
Sec. 32. State Board of Accountancy. The sum of $2,500 is authorized to be expended by the state board of accountancy.
Sec. 33. Nevada Athletic Commission. The sum of $3,900 is authorized to be expended by the Nevada athletic commission.
Sec. 34. State Barbers Health and Sanitation Board. The sum of $8,812 is authorized to be expended by the state barbers health and sanitation board.
Sec. 35. State Board of Chiropody. The sum of $125 is authorized to be expended by the state board of chiropody.
Sec. 36. Nevada State Board of Chiropractic Examiners. The sum of $14,960 is authorized to be expended by the Nevada state board of chiropractic examiners.
Sec. 37. State Contractors Board. The sum of $95,252 is authorized to be expended each year of the biennium by the state contractors board.
Sec. 38. State Board of Cosmetology. The sum of $13,523 is authorized to be expended by the state board of cosmetology.
Sec. 39. Board of Dental Examiners of Nevada. The sum of $5,480 is authorized to be expended by the board of dental examiners of Nevada.
Sec. 40. State Board of Embalmers. The sum of $919 is authorized to be expended by the state board of embalmers.
κ1957 Statutes of Nevada, Page 383 (CHAPTER 279, AB 500)κ
Sec. 41. Nevada Liquefied Petroleum Gas Board. The sum of $50,384 is authorized to be expended by the Nevada liquefied petroleum gas board.
Sec. 42. Board of Dispensing Opticians. The sum of $520 is authorized to be expended by the board of dispensing opticians.
Sec. 43. Nevada State Board of Examiners in Optometry. The sum of $281 is authorized to be expended by the Nevada state board of examiners in optometry.
Sec. 44. State Board of Osteopathy. The sum of $450 is authorized to be expended by the state board of osteopathy.
Sec. 45. State Board of Pharmacy. The sum of $34,659 is authorized to be expended by the state board of pharmacy.
Sec. 46. Nevada Real Estate Commission. The sum of $50,975 is authorized to be expended by the Nevada real estate commission.
Sec. 47. State Board of Veterinary Medical Examiners. The sum of $122.50 is authorized to be expended by the state board of veterinary medical examiners.
Sec. 48. Employment Security Department-Administration. The sum of $1,977,735 is authorized to be expended for the administration of the employment security department, and in addition the employment security department is authorized to expend such sums of money as are necessary, within the purview of the unemployment compensation law, for the payment of benefits, and is authorized to act as disbursing agent for the Federal Government in the veterans readjustment assistance program, as specifically provided by agreement with the Federal Government, and in any other necessary programs arranged by agreements authorized in the employment security administration law provisions pertaining to agreements with other agencies. In addition to the sums above mentioned, all moneys paid into the unemployment compensation administration fund from federal grants in aid and all other sources and paid into or deposited in the employment security fund are hereby appropriated to and made available to the executive director of the employment security department to be expended and disbursed in accordance with the provisions of sections 51 and 52 of this act.
Sec. 49. Employment Security Department-O.A.S.I. Administration. The sum of $2,499 is authorized to be expended by the employment security department for the O.A.S.I. administration division.
Sec. 50. Department of Highways. The sum of $74,833,980 is authorized to be expended by the department of highways, and augmentation of the state highway fund shall be provided on request to the board of directors of the state highway department. The provisions of sections 51 and 52 of this act shall not apply to the department of highways.
Sec. 51. The funds herein authorized to be expended shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each departmental request.
κ1957 Statutes of Nevada, Page 384 (CHAPTER 279, AB 500)κ
inclusive, and after separate consideration of the merits of each departmental request.
Sec. 52. The director of the budget may authorize the augmentation of the amount authorized herein for expenditure by a given department, board, commission, or agency in the amount of any funds which he estimates will be received by the department, board, commission, or agency from any other state agency, from any agency of local government or of the Federal Government, from any appropriation made by the legislature, or from any other source which he determines has not been taken into consideration by this act, or is in excess of the amount so taken into consideration. The director of the budget may also reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized herein.
________
Senate Bill No. 69Senators Seevers, Brown, Whitacre and Lattin
CHAPTER 280
AN ACT to amend chapter 209 of NRS relating to the Nevada state prison by creating a new provision relating to employment of prisoners for conservation and other projects; and providing an appropriation therefor.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The warden may assign prisoners for work on state parks, reforestation of state and federal lands, fire and recreation trails and areas, erosion control dams, camp and historical sites, abandoned dredging areas, forest and brush fires anywhere in the state, flood relief, and any other project relating to state conservation rehabilitation work where no funds for the development of natural resources are available.
2. To accomplish the objectives of subsection 1, the board of prison commissioners may authorize the warden to lease or rent real property and establish thereon stationary or mobile camps to be used by prison inmates employed on such projects, and to purchase or otherwise acquire necessary equipment, machinery, tools, supplies, materials and other personal property.
Sec. 2. For the biennium commencing July 1, 1957, there is hereby appropriated from the general fund in the state treasury, out of any moneys not otherwise appropriated, the sum of $50,000 for the purpose of carrying out the provisions of this act.
________
κ1957 Statutes of Nevada, Page 385κ
Senate Bill No. 133Committee on State Institutions
CHAPTER 281
AN ACT authorizing the purchase of certain real property in the county of Ormsby, State of Nevada, by the board of prison commissioners for use of the Nevada state prison, and making an appropriation therefor.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of prison commissioners is hereby authorized to purchase, at a cost not to exceed $17,500, in the name of the State of Nevada, for the use of the Nevada state prison, that certain real property located in the county of Ormsby, State of Nevada, and particularly described as follows:
The N 1/2 of SW 1/4 and the S 1/2 of the NW 1/4, Section 15, T. 15 N., R. 20 E., M.D.B. & M, containing 160 acres. Less 4.16 acres, more or less, acquired by the State of Nevada for highway purposes in July, 1937.
Sec. 2. There is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $17,500 to effectuate the purchase of the real property authorized by section 1 hereof.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 206Committee on Judiciary
CHAPTER 282
AN ACT to amend NRS section 277.040 relating to cooperative agreements for fire protection between counties and cities within the state.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 277.040 is hereby amended to read as follows:
277.040 1. [The boards of county commissioners of the various counties of this state, wherein are located city fire departments,] Cities, unincorporated towns, fire protection districts and counties of this state, acting through their respective governing boards, are authorized and empowered to enter into cooperative agreements with [the city councils of the respective cities,] each other, whereby the [city fire department may be enabled to use its] fire fighting and fire protection personnel and equipment [, upon such terms and agreements, and within such areas within the county beyond the city limits of the city concerned, as may be determined,] of each may be used jointly and cooperatively for the protection of property and for the prevention and suppression of fire.
2. The expenses incident and necessary for the participation of [counties in such agreements with cities, as provided in subsection 1, shall be paid out of the general fund of the counties, and the board of county commissioners of any county acting under the terms of this section shall annually, at the time of making its budget, make an estimate of the expenses necessary to carry out its agreement, under the provisions of this section, and budget the same in all respects as other items of the budget may be made.]
κ1957 Statutes of Nevada, Page 386 (CHAPTER 282, SB 206)κ
[counties in such agreements with cities, as provided in subsection 1, shall be paid out of the general fund of the counties, and the board of county commissioners of any county acting under the terms of this section shall annually, at the time of making its budget, make an estimate of the expenses necessary to carry out its agreement, under the provisions of this section, and budget the same in all respects as other items of the budget may be made.] the agencies named in subsection 1 shall be, by each agency, provided for in the budget of such agency.
3. All agreements for cooperation [between counties and cities] made in pursuance of this section shall be evidenced by written agreements, [made and entered into by the city council and the board of county commissioners interested,] and the same shall be spread upon the minutes of the meetings of each [of the bodies at the time of the adoption thereof.] agency concerned therewith.
4. Notwithstanding the provisions of NRS 474.320, or any other provisions of law, the agreements authorized by this section may provide for joint ownership of property or equipment by the parties to the agreement, and moneys derived from bond issues for construction of firehouses or purchase of equipment may be used to purchase or construct such jointly owned equipment or property.
________
Senate Bill No. 214Committee on Legislative Functions
CHAPTER 283
AN ACT to amend NRS sections 218.630 and 218.660 relating to the functions of the legislative counsel bureau and the creation and members of the legislative commission.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.630 is hereby amended to read as follows:
218.630 It shall be a function of the legislative counsel bureau to:
1. Carry forward the participation of the State of Nevada as a member of the Council of State Governments. The legislative commission is designated as Nevadas commission on interstate cooperation.
2. Encourage and assist the government of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the Federal Government, and with local units of government.
3. Establish such delegations and committees as official agencies of the legislative counsel bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of such delegations and committees shall be designated by the members of the legislative commission and may consist of legislators and employees of the state other than members of the commission. Members of such delegations and committees shall serve without salary, but they shall receive out of the fund of the legislative counsel bureau the per diem expense allowance and travel expenses as provided by law.
κ1957 Statutes of Nevada, Page 387 (CHAPTER 283, SB 214)κ
the fund of the legislative counsel bureau the per diem expense allowance and travel expenses as provided by law.
4. Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for interstate compacts and reciprocal or uniform legislation, and by facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental officials and employees, interchange and clearance of research and information, and any other suitable process. In order to facilitate such cooperation the Council of State Governments is hereby declared to be a joint governmental agency of this state and of the other states which cooperate through it.
5. Establish such interim or special committees as official agencies of the legislative counsel bureau as may be deemed advisable to deal with governmental problems, important issues of public policy and questions of statewide interest. The membership of such interim or special committees shall be designated by the members of the legislative commission and may consist of legislators other than members of the commission, employees of the State of Nevada or citizens of the State of Nevada. Members of such interim or special committees shall serve without salary, but they shall receive out of the fund of the legislative counsel bureau the per diem expense allowances and travel expenses as provided by law.
Sec. 2. NRS 218.660 is hereby amended to read as follows:
218.660 1. There is hereby created in the legislative counsel bureau a legislative commission consisting of eight members.
2. At each regular session of the legislature held in odd-numbered years, the senate shall, by resolution, designate four senators as regular members of the legislative commission, and the assembly shall, by resolution, designate four assemblymen as regular members of the legislative commission. Of the aforesaid membership there shall be two senators and two assemblymen from each party in the houses.
3. In addition to the members designated in subsection 2, the senate shall, by resolution, designate two senators, one from each party, as alternate members, and the assembly shall, by resolution, designate two assemblymen, one from each party, as alternate members.
4. A vacancy in the regular membership created by death or resignation shall be filled by the proper alternate member of the same party in the same house. If there is no proper alternate member, the legislative commission shall fill the vacancy by appointing a member of the legislature of the same party in the same house.
5. The members shall serve until their successors are appointed as provided herein.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 388κ
Assembly Bill No. 441Ormsby County Delegation
CHAPTER 284
AN ACT supplementary to and amendatory of an act entitled An Act to incorporate Carson City, approved February 25, 1875, as amended, providing for an election by the qualified voters of Carson City, Nevada, to determine whether certain county and township officers should be relieved of their duties and offices as ex officio officers of such city, prescribing the duties of the board of trustees of Carson City relative thereto, and other matters properly relating thereto.
[Approved March 28, 1957]
Whereas, Pursuant to the provisions of chapter 319, Statutes of Nevada 1951, at page 525, as amended, and the city election held in May 1951, in Carson City, Nevada, the offices of county clerk and treasurer, county recorder and auditor, county sheriff and assessor, and district attorney of Ormsby County, Nevada, and the justice of the peace of Carson Township, were constituted also, respectively, ex officio city clerk and treasurer, ex officio city auditor, ex officio city marshal and assessor, ex officio city attorney, and ex officio city recorder in and for Carson City; and
Whereas, It may now be in the best public interest that such offices be separated and made independent; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The intent of the legislature in the enactment of this act is that it shall be deemed supplementary to and amendatory of chapter 43, Statutes of Nevada 1875, at page 87, entitled An Act to incorporate Carson City, approved February 25, 1875, as thereafter amended, and known as the Carson City charter, and to provide herein that the qualified voters of Carson City, Nevada, may at the election as hereinafter set forth determine whether the county officers of Ormsby County, Nevada, and the justice of the peace of Carson Township, designated in the preamble hereof, be relieved of their duties as ex officio officers of Carson City, Nevada.
Sec. 2. Upon the passage and approval of this act it shall be the duty of the board of trustees of the city of Carson City to give notice by publication, in a newspaper published in Carson City, at least once a week for 4 consecutive weeks immediately preceding the next municipal election to be held in Carson City on the 1st Monday in May 1957, that at such election there will be placed upon the official ballot the proposition for the separation of the county, township and city offices mentioned in the preamble hereof, in substantially the following terms: Shall the offices of county clerk and treasurer, county recorder and auditor, county sheriff and assessor, district attorney, and justice of the peace, which are now consolidated, respectively, with the offices of city clerk and treasurer, city auditor, city marshal and assessor, city attorney and city recorder be separated? Yes . No . .
If a majority of the votes cast at the election is in favor of the separation of such offices, the board of city trustees shall cause the transfer of all books, records and documents of the respective ex officio city officers to the city officers, and shall cause to be done all acts and things necessary to make this act effective on July 1, 1957.
κ1957 Statutes of Nevada, Page 389 (CHAPTER 284, AB 441)κ
city officers to the city officers, and shall cause to be done all acts and things necessary to make this act effective on July 1, 1957.
Sec. 3. This act shall be effective immediately upon its passage and approval for the purpose only of enabling the board of trustees of the city of Carson City to present the foregoing proposed question to the qualified voters of Carson City at the next municipal election. If a majority of the votes cast at the election in May 1957 is in favor of the proposed separation, this act shall be effective July 1, 1957, but if a majority of the votes cast at the election in May 1957 is not in favor of the proposed separation, this act thereupon shall not be effective for any purpose. If a majority of the votes cast at the election in May 1957 is in favor of the proposed separation, then chapter 319, Statutes of Nevada 1951, at page 525, entitled An Act supplementary to and amendatory of an act entitled An Act to incorporate Carson City, approved February 25, 1875, as amended, providing for an election by the qualified voters of Carson City to determine whether certain county officers shall be ex officio officers of such city, prescribing the duties of the board of city trustees relative thereto, and providing the duties of the ex officio officers and other matters connected therewith, approved March 23, 1951, and all other acts and parts of acts in conflict herewith shall be repealed as of July 1, 1957.
________
Assembly Bill No. 454Clark County Delegation
CHAPTER 285
AN ACT validating all bonds issued under the provisions of chapter 383, Statutes of Nevada 1955, entitled An Act authorizing certain counties to acquire, improve, extend, better, equip and furnish fairgrounds, exposition buildings, convention halls, other recreational buildings, parks, playgrounds, swimming pools, golf courses and other recreational facilities, and to acquire sites and grounds therefor; concerning the issuance of bonds therefor, elections to authorize an indebtedness or bonds, the levy of general taxes and fees, rates and charges in connection therewith, and the operation and maintenance of such recreational facilities; concerning the organization and reorganization of a county fair and recreation board and powers to be exercised by it; prescribing other details concerning the boards, recreational facilities, bonds, taxes and fees; and other matters properly relating thereto, approved March 29, 1955, and all proceedings taken pursuant to such act; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. All bonds of every county which have been heretofore authorized and issued pursuant to chapter 383, Statutes of Nevada 1955, at page 719, and the purchase price therefor received, and which are now outstanding and have not been declared invalid by a court of competent jurisdiction, are hereby validated and declared to be legal and binding obligations in accordance with their terms and the authorizing proceedings, notwithstanding any question as to the validity of such bonds and proceedings which could have been raised except for the passage of the act in 1957, including without limiting the generality of the foregoing, the Clark County, Nevada, General Obligation Public Building and Recreation Bonds, Series January 15, 1957, in the principal amount of $4,500,000, and the proceedings had and taken in connection with those bonds.
κ1957 Statutes of Nevada, Page 390 (CHAPTER 285, AB 454)κ
the passage of the act in 1957, including without limiting the generality of the foregoing, the Clark County, Nevada, General Obligation Public Building and Recreation Bonds, Series January 15, 1957, in the principal amount of $4,500,000, and the proceedings had and taken in connection with those bonds.
Sec. 2. All proceedings had or taken, or purportedly had or taken, pursuant to chapter 383, Statutes of Nevada 1955, in connection with the authorization or the issuance of bonds thereunder, regardless of whether such bonds have yet been issued, by any county fair and recreation board, any board of county commissioners, or by any body purporting to act as either of such boards, regardless of whether such body may have been the body legally empowered to authorize and issue such bonds or to adopt the proceedings had or taken in connection therewith, and regardless of any irregularity or failure to follow statutory requirements which may have occurred in such proceedings, are hereby validated, ratified and confirmed.
Sec. 3. If any provision of this act or the application thereof to any person, association, corporation or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this extent the provisions of this act are declared to be severable.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 182Senator Johnson
CHAPTER 286
AN ACT to provide for the relief of John H. Bell; and other matters properly relating thereto.
[Approved March 28, 1957]
Whereas, John H. Bell, Assistant Legislative Auditor, was employed by the superintendent of banks during the period from November 1950 to June 1955; and
Whereas, During said period of time the records of the superintendent of banks, with regard to accrued sick leave and vacation time, were misplaced and have not been found; and
Whereas, During said period of time John H. Bell was entitled to receive for accrued vacation time and sick leave time the sum of $938; and
Whereas, The money for the payment of said sum is in the appropriation of the legislative counsel bureau at the present time; and
Whereas, It is only required that the legislature authorize the legislative counsel bureau to pay such sum to John H. Bell, who is at present Assistant Legislative Auditor; and
Whereas, The board of examiners needs authorization by the legislature to sanction the payment of $938, in view of the fact that there are no records available; and
Whereas, The superintendent of banks has acknowledged that said vacation time and sick leave accrued to said John H.
κ1957 Statutes of Nevada, Page 391 (CHAPTER 286, SB 182)κ
vacation time and sick leave accrued to said John H. Bell; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The legislative counsel bureau is directed to pay to John H. Bell, Assistant Legislative Auditor, the sum of $938 for accrued vacation time and sick leave.
Sec. 2. The board of examiners is directed to authorize the payment of said sum of $938 to John H. Bell, Assistant Legislative Auditor.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 383Washoe County Delegation
CHAPTER 287
AN ACT to amend an act entitled An Act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903, as amended.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of Article IV of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 184, Statutes of Nevada 1915, at page 254, is hereby amended to read as follows:
Section 1. There shall be a city clerk, who shall be [elected by the qualified electors of the city at each general city election, and he shall hold office for the term of four years and until his successor shall have been duly elected and qualified.] appointed by the mayor, whose appointment shall be subject to confirmation by the city council as provided in section 5 of Article III. Any person elected to the office of city clerk before the effective date of this amendatory act shall continue to hold such office until the expiration of the term for which he may have been elected. No person shall be eligible for said office who shall not be a bona fide resident of the city for a period of at least one year next preceding his [election,] appointment, and who is not a citizen of the state, and of the age of at least twenty-one years, and a taxpayer and elector in said city.
Sec. 2. Section 5 of Article IV of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 317, Statutes of Nevada 1953, at page 542, is hereby amended to read as follows:
Section 5. [The city clerk shall receive a salary in the sum of five thousand one hundred dollars ($5,100) per annum. Such salary shall be paid in twelve (12) equal monthly installments.] The city clerk elected to the office of city clerk before the effective date of this amendatory act shall receive an annual salary of $7,800, payable in 12 equal monthly installments.
κ1957 Statutes of Nevada, Page 392 (CHAPTER 287, AB 383)κ
elected to the office of city clerk before the effective date of this amendatory act shall receive an annual salary of $7,800, payable in 12 equal monthly installments. After the expiration of the term of office of the incumbent elected city clerk, his successor and successors in office, appointed pursuant to the provisions of section 1 of Article IV, shall receive such compensation as may be fixed by the city council by formal resolution or ordinance from time to time.
Sec. 3. Section 1 of Article V of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 184, Statutes of Nevada 1915, at page 254, is hereby amended to read as follows:
Section 1. There shall be a city attorney, who shall be elected by the qualified electors of the city at each general city election, and he shall hold office for the term of four years and until his successor shall have been duly elected and qualified. No person not a licensed and practicing attorney of the supreme court of this state, in good standing at the bar, a bona fide resident of the city, and a taxpayer therein, shall be eligible to the office of the city attorney. From and after the first Tuesday after the first Monday in June 1959, the city attorney shall devote his full time to the duties of his office and shall not engage in the private practice of law.
Sec. 4. Section 4 of Article V of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 185, Statutes of Nevada 1955, at page 270, is hereby amended to read as follows:
Section 4. [The] Until the first Tuesday after the first Monday in June 1959, the city attorney shall receive a salary in the sum of $5,100 per annum, payable in 12 monthly installments. From and after the first Tuesday after the first Monday in June 1959, the city attorney shall receive a salary in the sum of $12,500 per annum, payable in twelve monthly installments.
Sec. 5. Section 10.496 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 148, Statutes of Nevada 1949, at page 311, and amended by chapter 185, Statutes of Nevada 1955, at page 278, is hereby amended to read as follows:
Section 10.496 1. Notwithstanding the provisions of subsection 2 of this section, the construction, maintenance and repair of sidewalks, curbs and gutters within the City of Reno is hereby declared by the legislature to be a governmental function, and no action, suit or proceeding shall be instituted or maintained against the City of Reno, its officers and agents for injuries to persons or property resulting from any failure on the part of the City of Reno, its officers and agents to construct, maintain or repair any sidewalk, curb or gutter within the city.
2. The city council shall have the power to require or provide for the repair or construction of sidewalks, curbs, or gutters, and to make the cost thereof a lien or charge against the abutting property, and in default of the payment of such costs upon the completion of such work, the same may be made the subject of a special assessment roll as provided in section 10.70 of this article. Before the city council shall require or provide for the repair [of] or construction hereby authorized, it shall give ten (10) days notice of its intention so to do to the owners of record of the property to be affected by such repair or construction, and such owners shall be given an opportunity to be heard thereon at a public meeting of the council held for that purpose.
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shall require or provide for the repair [of] or construction hereby authorized, it shall give ten (10) days notice of its intention so to do to the owners of record of the property to be affected by such repair or construction, and such owners shall be given an opportunity to be heard thereon at a public meeting of the council held for that purpose.
Sec. 6. Section 6 of Article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as renumbered and amended by chapter 148, Statutes of Nevada 1949, at page 314, is hereby amended to read as follows:
Section 6. The term of office of the chief of police, chief of the fire department, city engineer, [or head of other department,] superintendent of parks, superintendent of recreation, chief of the building and safety inspectors office, superintendent of the sanitation department, city comptroller, airport manager, chief license inspector, the employees at the Reno municipal airport, and traffic engineer shall be during the pleasure of the city manager, if there be one, or otherwise during the pleasure of the mayor and city council.
Sec. 7. Section 9 of Article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 83, Statutes of Nevada 1951, at page 98, is hereby amended to read as follows:
Section 9. No employee of the city within the provisions of this article shall be suspended [for a period exceeding thirty (30) days, or demoted or discharged by the city manager except as in this article provided.] , demoted or discharged except as provided in this article.
Sec. 8. Section 11 of Article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 223, Statutes of Nevada 1945, at page 439, is hereby amended to read as follows:
Section 11. The city manager [, if there be one, otherwise the chief or other head of any department may discharge or suspend without pay any employee in his department] may suspend for a period not exceeding 30 days or discharge or demote any employee of the city within the provisions of this article for the betterment of the service or for other justifiable cause, but if he [shall discharge or suspend any employee without pay, or demote any member of his department] does so, he shall immediately report the same to the secretary of the commission [, together with a complaint] and at the same time deliver to the commission a copy of the complaint setting forth the reason for such [demotion, discharge or suspension,] discharge, suspension or demotion and the name of the complainant, if other than [the chief.] the city manager. Within ten (10) days after such discharge, [demotion or suspension,] suspension or demotion, the [member] employee so discharged [, demoted or suspended] suspended or demoted may appeal [from such order of discharge or suspension or demotion to the said commission] to the commission by filing with the secretary thereof a notice of appeal in the following or similar form: [To the civil service commission] To the Civil Service Commission of Reno, Nevada: Please take notice that I appeal from the order [or decision] of the [chief or head of the .. department, demoting, discharging, or suspending me from service, which said order of demotion, discharge or suspension was made on the ..
κ1957 Statutes of Nevada, Page 394 (CHAPTER 287, AB 383)κ
which said order of demotion, discharge or suspension was made on the .. day of .., 19 .] city manager of the City of Reno, dated .., 19 ., demoting (discharging or suspending) me. The notice of appeal shall be signed by the employee demoted, discharged or suspended and shall clearly state the name and the address of such employee.
Sec. 9. Section 13 of Article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 148, Statutes of Nevada 1949, at page 316, is hereby amended to read as follows:
Section 13. Notice of the time and place of such hearing, together with a copy of the charges preferred, shall be served upon the [accused in the same manner as a summons is served in this state.] employee, and may be served in the same manner as a summons is served in this state or by mailing to the employee by deposit in the United States post office at Reno, Nevada, addressed to the employee at the address stated in the notice of appeal with postage thereon fully prepaid. Service by mail as herein provided shall be full and adequate service of notice of all matters relating to such discharge, suspension or demotion until the final disposition of the matter by the commission whether such notice is received by the employee or not.
Sec. 10. Section 14 of Article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 148, Statutes of Nevada 1949, at page 316, is hereby amended to read as follows:
Section 14. Duly verified charges may be filed with the commission, setting forth sufficient cause for the [removal] discharge, suspension or demotion of any employee within the provisions of this article by any person who shall then be a freeholder in, and resident of, the city, and who shall have been such a freeholder and resident continuously for more than five (5) years immediately preceding the filing of such verified charges. Upon the filing of such charges the commission [shall immediately] may suspend such employee and cause notice of the filing of such charges, with a copy thereof, to be [forthwith] served upon the [accused] employee and setting a time for the hearing thereon [.] if the commission believes that it will be in the interest of the service so to do.
Sec. 11. Section 16 of Article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 148, Statutes of Nevada 1949, at page 317, is hereby amended to read as follows:
Section 16. Within three days after a transcript of the proceedings shall have been filed with the commission, the commission shall, by a majority vote of its members, determine whether by a preponderance of the evidence the charges were true [and whether made for religious or political or personal reasons or whether the charges were] and made in good faith for the purpose of improving the public service [.] or whether they were made solely for religious or political or personal reasons. If the charges are found to be untrue or were made solely for religious, political, or personal reasons the [accused] employee shall be immediately reinstated to his former position without prejudice.
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shall be immediately reinstated to his former position without prejudice. If the charges are found to be true and were made in good faith for the purpose of improving the public service the commission shall sustain the disciplinary action theretofore taken, or impose such other disciplinary action as to the commission shall seem just and proper. The decision and findings of the commission shall be in writing and shall be filed with the transcript of the evidence with the secretary of the commission.
Sec. 12. Section 20 of Article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 148, Statutes of Nevada 1949, at page 317, is hereby amended to read as follows:
Section 20. This article shall apply to all employees of the city of Reno except the following: elected officials of the city, the city manager, the secretary of the city manager, the city engineer, the chief of police, the chief of the fire department, the chief deputy in the office of the city clerk, all persons employed in the city health department, in the office of the city attorney, in the office of the civil service commission, the superintendent of parks, the superintendent of recreation, the chief of the building and safety inspectors office, the superintendent of the sanitation department, the city comptroller, the airport manager, the chief license inspector, employees at the Reno municipal airport, the traffic engineer, and those temporary employees mentioned in section 8 of this article; provided, however, that any employee of the city who has been confirmed in his position by the city council and who receives and accepts appointment as chief of the fire department, chief of the police department or city engineer shall, upon his removal from such office, be restored to his former position within the department; and provided further, that the foregoing proviso shall be construed as prospective only.
Sec. 13. Section 1 of Article XVII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 185, Statutes of Nevada 1955, at page 279, is hereby amended to read as follows:
Section 1. A primary municipal election shall be held in the city on the first Tuesday after the first Monday in May, 1955, and on the same day every 4 years thereafter, at which time there shall be nominated candidates for mayor, councilmen as hereinbefore provided, city attorney [, city clerk] and police judge.
A candidate for any office to be voted for at the primary municipal election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the primary election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $50 for filing an affidavit of candidacy for the office of mayor, or a filing fee of $25 for filing an affidavit of candidacy for any other office. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
All candidates, except candidates for councilmen, shall be voted upon by the electors of the city at large. Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, in accordance with the provisions of this charter, and from which they file their candidacy.
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be voted upon by the electors of their respective wards to represent the wards in which they reside, in accordance with the provisions of this charter, and from which they file their candidacy.
If in the primary municipal election one candidate shall receive more than a majority of votes cast in that election for the office for which he is a candidate his name alone shall be placed on the ballot for the general municipal election. If in the primary municipal election no candidate shall receive a majority of votes cast in that election for the office for which he is a candidate then the names of the two candidates receiving the highest numbers of votes shall be placed on the ballot for the general city election.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June, 1955, and on the same day every 4 years thereafter, at which time there shall be elected one mayor, councilmen as hereinbefore provided, one city attorney [, one city clerk] and one police judge. All candidates, except candidates for councilmen, at the general municipal election shall be voted upon by the electors of the city at large. Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, in accordance with the provisions of this charter.
All elections held under this charter shall be governed by the provisions of the elections laws of the state, so far as the same can be made applicable and which are not inconsistent herewith. The conduct and carrying on of all city elections shall be under the control of the city council, and they shall by ordinance provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things required to carry the same into effect.
The officers of the city duly elected at the election held on the first Tuesday after the first Monday in May, 1951, shall hold office until the first regular meeting of the council next succeeding that in which canvass of returns is made following the general municipal election to be held in June, 1955.
Sec. 14. This act shall become effective upon passage and approval.
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Assembly Bill No. 161Committee on Ways and Means
CHAPTER 288
AN ACT to amend chapter 321 of NRS relating to the administration, control and sale of state lands by creating new provisions authorizing the Colorado River Commission of Nevada to acquire and develop certain lands in Eldorado Valley, Clark County, Nevada; creating an advisory group to assist in such acquisition and development; providing an appropriation; prescribing procedures for the expenditure and reimbursement of moneys appropriated; and other matters properly relating thereto.
[Approved March 28, 1957]
Whereas, On June 7, 1956, there was introduced in the Senate of the United States S. 4012 and on the same date there was introduced in the House of Representatives H.
κ1957 Statutes of Nevada, Page 397 (CHAPTER 288, AB 161)κ
in the House of Representatives H. R. 11669, both bills being identical and providing for the State of Nevada, through its Colorado River commission, to purchase from the United States of America at a fair market value, as determined by the Secretary of the Interior, 126,775 acres of land or portions thereof, located in Eldorado Valley, Clark County, Nevada; and
Whereas, S. 4012 passed the Senate but due to the lateness of the 84th Congress, 2d Session, H. R. 11669 was not acted on; and
Whereas, In the 85th Congress similar bills have been introduced in both Houses of Congress, being S. 32 and H. R. 2393; and
Whereas, If either bill becomes law, in order for the State of Nevada to take advantage of the conditions therein, enabling legislation must be enacted by the State of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. Sections 2 to 10, inclusive, may be known and cited as the Eldorado Valley Development Law.
Sec. 3. As used in sections 2 to 10, inclusive:
1. Advisory group means the Eldorado Valley advisory group.
2. Commission means the Colorado River commission of Nevada.
Sec. 4. 1. The commission is authorized and empowered on behalf of the State of Nevada to purchase or otherwise acquire from the Federal Government all or any portion of the lands described in subsection 2, at intervals during any period when such purchase can be made as provided by Congress, including any extension of time granted by the Secretary of the Interior, and have such lands patented to it upon payment of the appraised value thereof, as determined by the Secretary of the Interior, or otherwise.
2. The lands referred to in subsection 1 are described as follows:
Parcel 1. All of south half, township 23 south, range 63 east, with the exception of the following areas: east half section 22; four 5-acre tracts located in section 26 and described as follows: South half southeast quarter northwest quarter northwest quarter, north half northeast quarter southwest quarter northwest quarter, north half southwest quarter northeast quarter northwest quarter and south half southwest quarter northwest quarter northwest quarter; and those portions of the northeast quarter section 23, and north half section 24, within the Lake Mead National Recreation area.
Parcel 2. Fractional sections 25 and 36, township 23 south, range 63 1/2 east.
Parcel 3. All of sections 27, 28, 29, 30, 31, 32, 33 and 34, township 23 south, range 64 east.
Parcel 4. Fractional sections 31, 32, 33, 34 and 35, township 23 1/2 south, range 64 east.
Parcel 5. All of southeast quarter of township 24 south, range 62 east.
κ1957 Statutes of Nevada, Page 398 (CHAPTER 288, AB 161)κ
Parcel 6. All of township 24 south, range 63 east.
Parcel 7. All of township 24 south, range 64 east, except sections 1, 12, 13, 24, 25 and 36.
Parcel 8. All of township 25 south, range 62 east.
Parcel 9. All of township 25 south, range 63 east.
Parcel 10. All of sections 1, 2, 3, 4, 5 and 6, township 25 south, range 64 east
Parcel 11. All of sections 1, 2, 11, 12, 13 and 14, township 26 south, range 62 east.
Parcel 12. All of northwest quarter, township 26 south, range 63 east.
All range references contained in the foregoing refer to the Mount Diablo base and meridian.
Sec. 5. 1. There is hereby created the Eldorado Valley advisory group composed of 12 members appointed by the governor.
2. The advisory group shall be composed as follows:
(a) The state senator from Clark County.
(b) One assemblyman from Clark County.
(c) One representative from each of the following:
(1) The board of county commissioners of Clark County;
(2) The Clark County planning department;
(3) The City of Las Vegas;
(4) The City of Henderson; and
(5) The City of North Las Vegas.
(d) Two representatives from Boulder City.
(e) One representative of organized labor.
(f) Two representatives at large.
3. With the exception of the state senator and assemblyman from Clark County, all members of the advisory group shall be appointed for 2-year terms and shall serve at the pleasure of the governor. Such members may be reappointed to succeeding terms of 2 years each.
4. Vacancies shall be filled by appointment by the governor for the unexpired balance of the term in accordance with subsection 2.
5. Members of the advisory group shall serve without compensation.
Sec. 6. Within a reasonable time after appointment, the members of the advisory group shall meet upon the call of the governor and effect an organization.
Sec. 7. The Eldorado Valley advisory group shall be an advisory body to the commission and shall have only such powers and duties as may be authorized by law. The group shall advise and assist the commission in connection with all phases of planning and development of Eldorado Valley and the expenditure of funds in connection therewith.
Sec. 8. The commission, with the advice of the advisory group, is authorized to undertake such engineering and planning studies and surveys and to take such other action as may be necessary for the development of Eldorado Valley.
Sec. 9. 1. There is hereby created in the state treasury, for use of the Colorado River commission of Nevada in carrying out the provisions of sections 2 to 10, inclusive, a trust fund to be known as the Eldorado Valley development fund.
κ1957 Statutes of Nevada, Page 399 (CHAPTER 288, AB 161)κ
the Colorado River commission of Nevada in carrying out the provisions of sections 2 to 10, inclusive, a trust fund to be known as the Eldorado Valley development fund.
2. None of the moneys in such fund shall be used for any purpose other than to acquire the land described in section 4 and to carry out the provisions of section 8.
3. Moneys in the Eldorado Valley development fund shall be paid out on claims against such fund as other claims against the state are paid, after such claims have been approved by the commission.
Sec. 10. 1. Any moneys received by the commission in connection with the development or disposition of any lands described in section 4 shall forthwith be deposited in the state treasury to the credit of the Eldorado Valley development fund.
2. Immediately following any such deposit, the state controller and the state treasurer shall transfer the amount of such deposit to the general fund until such time as such transfers have resulted in complete reimbursement to the general fund for all moneys theretofore appropriated from the general fund to the Eldorado Valley development fund.
Sec. 11. There is hereby appropriated from the general fund in the state treasury, out of any moneys not otherwise appropriated, the sum of $75,000 to the Eldorado Valley development fund.
Sec. 12. This act shall become effective upon passage and approval.
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Assembly Bill No. 305Messrs. Bleak and Fullerton
CHAPTER 289
AN ACT incorporating the City of Caliente, in Lincoln County, Nevada, and defining the boundaries thereof; authorizing the establishment of a city government therefor if a majority of the electors thereof approve this act; establishing the procedure for such approval or rejection; and other matters properly relating thereto.
[Approved March 28, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Creation of Legislative Charter. All persons, inhabitants of the portion of Lincoln County, Nevada, embraced within the limits hereinafter set forth shall be and constitute a body politic and corporate by the name and style of City of Caliente, and by that name and style they and their successors shall be known in law, and have perpetual succession and sue and be sued in all courts. The territory embraced in said city is that certain land situate in the county of Lincoln, State of Nevada, described as follows:
All territory within the present boundaries of the City of Caliente, operating under the general laws of the State of Nevada; and also, such other additional lands and tenements as may, at any time hereafter be embraced or included within established limits of said city as hereinafter provided.
κ1957 Statutes of Nevada, Page 400 (CHAPTER 289, AB 305)κ
hereinafter provided. Such city shall have such powers, rights, authority, duties, privileges and obligations as hereinafter set out and prescribed.
Sec. 2. The Annexation of Adjacent Territory: Manner of Procedure. Territory adjoining and contiguous to the corporate limits of the City of Caliente may be annexed to said city upon application therefor in writing describing said territory by metes and bounds, signed by a majority of persons residing within such territory, who are qualified to vote for members of the legislature of the State of Nevada, and who are taxpayers in the county of Lincoln, such petitioners to possess both of said qualifications. Upon the filing of such petitions the city councilmen shall cause to be given notice thereof by publication in a newspaper printed and published in said city at least once, and at least ten days prior to the meeting of said council, at which said petition may be acted upon. At such meeting the said council shall either accept or reject said petition and declare or refuse to declare annexed to said city the property described in said petition.
Sec. 3. Wards. The City of Caliente shall consist of three wards, situate and described as follows:
Ward 1. All of that section of the city lying south and east of Highway U. S. 93.
Ward 2. All of that section of the city lying west of North Spring Street and East of Osborne Street and including the North End addition.
Ward 3. All of that section of the city lying west of Osborne Street including the Lincoln Park addition.
For the purpose of convenience of holding elections there shall be but one voting precinct. All elective officers shall be elected by the voters of the city at large.
The description and designation of the wards may be changed from time to time by ordinance in order to maintain an equalized registration in each ward.
Sec. 4. Additional Powers. The said city shall have and be vested with all the rights, powers, property and things of every kind now belonging to the City of Caliente, and shall assume and pay all bonds, obligations, and indebtedness of said City of Caliente now outstanding or which may exist at the time of the adoption of this charter, and may purchase, receive, hold, and enjoy real and personal property within or without the city, and sell, convey, and dispose of the same for the common benefit; and may determine and declare what are public uses, for the purposes of the city, and when the necessity arises or exists of condemning lands or property therefor; and what are the lands and property necessary to condemn; and may receive bequests, devises, gifts and donations of all kinds of property within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every, and all acts and things whatsoever, necessary to carry out the purposes of such bequests, devises, gifts, and donations, with full power to manage, sell, lease, or otherwise dispose of the same in accordance with the terms of such bequests, devises, gifts, donations or trust. Said city shall also have the right to engage in public utilities business or issue franchises for the same. They shall also have the right for issuing