[Rev. 3/1/2019 5:40:53 PM]
κ1959 Statutes of Nevada, Page 401 (CHAPTER 292, SB 124)κ
found to contain any willful misstatement of fact, the expense of the examination shall be paid by the motor club.
Sec. 32. A service contract shall not be executed, issued or delivered in this state until the form thereof is approved in writing by the commissioner.
Sec. 33. Every service contract executed, issued or delivered in this state shall be made in duplicate and shall be dated and signed by the motor club issuing it. Such contract shall be countersigned by a duly authorized agent of the club, and by the party purchasing the contract. One copy of the contract shall be kept by the club and the other copy shall be delivered to the purchasing party.
Sec. 34. A service contract shall not be executed, issued or delivered in this state unless it contains the following:
1. The exact corporate or other name of the club.
2. The exact location of its home office and of its usual place of business in this state, giving street number and city.
3. A provision that the contract may be canceled at any time by either the club or the holder, and that the holder will, if he has actually paid the consideration, thereupon be entitled to the unused portion of the consideration paid for such contract, calculated on a pro rata basis over the period of the contract, without any deductions.
4. A provision plainly specifying:
(a) The services promised.
(b) That the holder will not be required to pay any sum, in addition to the amount specified in the contract, for any services thus specified.
(c) The territory wherein such services are to be rendered.
(d) The date when such service will commence.
5. A statement in not less than 14-point modern type at the head of the contract stating, This is not an insurance contract.
Sec. 35. A person shall not solicit or aid in the solicitation of another person to purchase a service contract issued by a club not having a certificate of authority procured pursuant to sections 2 to 50, inclusive.
Sec. 36. A club or an officer or agent thereof shall not in any manner misrepresent the terms, benefits or privileges of any service contract issued or to be issued by it.
Sec. 37. Any service contract made, issued or delivered contrary to any provision of sections 2 to 50, inclusive, shall nevertheless be valid and binding on the club.
Sec. 38. No person shall act as a club agent in this state without first procuring a license so to act from the commissioner.
Sec. 39. 1. Application for a license as a club agent shall be made to the commissioner upon forms prescribed and furnished by him. As a part of, or in connection with, any application, the applicant shall furnish information concerning his identity, personal history, experience, business record and other pertinent facts which the commissioner may reasonably require.
2. If the applicant is a firm, partnership or corporation, the application, in addition to the requirements of subsection 1, shall:
(a) Contain the names of all members and officers of the firm, partnership or corporation; and
κ1959 Statutes of Nevada, Page 402 (CHAPTER 292, SB 124)κ
(b) Designate who is to exercise the powers to be conferred by the license on such firm, partnership or corporation.
3. The commissioner shall require each individual of a firm, partnership or corporation to furnish information to him as though applying for an individual license.
4. Any person willfully misrepresenting any fact required to be disclosed in any application shall be subject to the penalties provided in section 50.
Sec. 40. For the protection of the people of this state, the commissioner shall not:
1. Issue or renew any club agents license except in compliance with sections 2 to 50, inclusive.
2. Issue or renew any club agents license to, or to be exercised by, any person found by him to be untrustworthy or incompetent, or who has not established to the satisfaction of the commissioner that he is qualified therefor in accordance with sections 2 to 50, inclusive.
Sec. 41. The commissioner shall license as a club agent only an individual who has otherwise complied with sections 2 to 50, inclusive, and who has furnished evidence satisfactory to the commissioner that he:
1. Is at least 21 years of age.
2. Has been a bona fide resident of this state for at least 3 months or is a resident of a state which will permit residents of this state to act as club agents in such other state.
3. Is a trustworthy person with a good reputation.
4. Has never been convicted of a felony.
Sec. 42. The commissioner shall prescribe the form of the club agents license, but it shall contain:
1. The name of the licensee and his business address.
2. The date of issuance and the date of expiration.
3. The name of the represented motor club.
Sec. 43. 1. Club agents licenses shall be renewable on July 1 of each year.
2. The license fee is $2 a year.
Sec. 44. The commissioner may suspend, revoke or refuse to renew any club agents license issued under sections 2 to 50, inclusive, for any cause specified in any other provision of sections 2 to 50, inclusive, or for any of the following causes:
1. If the licensee willfully violated or knowingly participates in the violation of any provision of sections 2 to 50, inclusive.
2. If the licensee has obtained or attempted to obtain any license through willful misrepresentation or fraud.
3. If the licensee has misappropriated or converted to his own use or has illegally withheld moneys required to be held in a fiduciary capacity.
4. If the licensee has, with intent to deceive, materially misrepresented the terms or effect of any contract, or has engaged in any fraudulent transaction.
5. If the licensee has been convicted, by final judgment, of a felony.
6. If, in the conduct of his affairs under the license, the licensee has shown himself to be incompetent, untrustworthy or a source of injury and loss to the public.
κ1959 Statutes of Nevada, Page 403 (CHAPTER 292, SB 124)κ
Sec. 45. The club agents license of any firm, partnership or corporation may be suspended, revoked or reused for any cause which relates to any individual designated in the license to exercise its powers.
Sec. 46. The holder of any club agents license which has been revoked or suspended shall immediately surrender the license certificate to the commissioner.
Sec. 47. 1. Except as provided in subsection 2, no club agents license shall be suspended or revoked by the commissioner without providing an opportunity to the licensee to be heard and produce evidence in his behalf.
2. A club agents license shall be automatically forfeited and revoked if the licensee is convicted of a felony.
3. The hearing shall be held at such time and place as the commissioner shall designate in a notice served upon the licensee. Service may be made in person or service shall be considered completed if the notice is mailed to the last-known address of the licensee by registered mail at least 20 days before the date designated therein.
4. In the conduct of the hearing the commissioner or any employee of the department designated by the commissioner for such purpose shall have power to administer oaths and to examine any person under oath and in connection therewith to require the production of any books, records or papers relevant to the inquiry.
Sec. 48. Any order made by the commissioner refusing, revoking or suspending a club agents license shall be subject 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. 49. Sections 2 to 50, inclusive, shall not apply to:
1. A duly authorized attorney at law acting in the usual course of his profession.
2. Any admitted insurer.
3. Any association of motor carriers providing one or more of the services defined in sections 3 to 20, inclusive, to its members.
Sec. 50. 1. Any person violating the provisions of sections 21 to 24, inclusive, is guilty of a misdemeanor, and shall be punished by a fine of not less than $250 nor more than $1,000, or by imprisonment in the county jail for not less than 30 days nor more than 1 year, or by both fine and imprisonment.
2. Any person violating any other provisions of sections 2 to 49, inclusive, other than sections 21 to 24, inclusive, is guilty of a misdemeanor.
Sec. 51. NRS 693.010 is hereby amended to read as follows:
693.010 [This chapter] NRS 693.010 to 693.120, inclusive, shall apply to all companies authorized in this state to transact the kind or kinds of business enumerated in class 2 as described in NRS 681.030.
Sec. 52. NRS 693.020 is hereby amended to read as follows:
693.020 As used in [this chapter:] NRS 693.010 to 693.120, inclusive:
1. Compensation shall relate to all insurances affected by virtue of statutes providing compensation to employees for personal injuries or occupational diseases irrespective of fault of the employer.
κ1959 Statutes of Nevada, Page 404 (CHAPTER 292, SB 124)κ
of statutes providing compensation to employees for personal injuries or occupational diseases irrespective of fault of the employer.
2. Earned premiums shall include gross premiums charged on all policies written or assumed, including all determined excess and additional premiums, less return premiums, other than premiums returned to policyholders as dividends, and less reinsurance premiums and premiums on policies canceled, and less unearned premiums on policies in force.
3. Liability shall relate to all insurance, except workmens compensation insurance, against loss or damage from accident to or injuries or occupational diseases suffered by an employee or other person and for which the insured is liable.
4. Loss payments and loss expense payments shall include all payments to claimants, including payments for medical and surgical attendance, legal expenses, salaries and expenses of investigators, adjusters and fieldmen, rents, stationery, telegraph and telephone charges, postage, salaries and expenses of office employees, home office expense and all other payments made on account of claims, whether such payments shall be allocated to specific claims or unallocated.
Sec. 53. NRS 693.040 is hereby amended to read as follows:
693.040 Every company authorized to transact in this state any of the kinds of business described in class 2 (NRS 681.030) shall maintain a loss reserve which shall be calculated in the manner prescribed in [this chapter.] NRS 693.010 to 693.120, inclusive.
________
Senate Bill No. 171Committee on Education and State University
CHAPTER 293
AN ACT to amend chapter 396 of NRS, relating to the University of Nevada, by allowing the board of regents of the University of Nevada to purchase public liability and property damage insurance on property supervised and controlled by the university; prescribing restrictions; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of regents may budget for and purchase public liability and property damage insurance to cover any property under its control and supervision.
2. Such insurance shall be purchased in reasonable amounts from companies authorized to do business in the State of Nevada.
3. Each contract of insurance shall be free of any condition of contingent liability and shall contain a clause which provides that no assessment may be levied against the insured over and above the premium fixed by such contract.
κ1959 Statutes of Nevada, Page 405 (CHAPTER 293, SB 171)κ
assessment may be levied against the insured over and above the premium fixed by such contract.
4. The purchase of insurance under this section shall not be construed as a waiver by the State of Nevada or the University of Nevada of governmental immunity, but no insurance company may, on behalf of itself or any insured under the policy, assert or avail itself of the defense of governmental immunity.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 257Miss Frazier
CHAPTER 294
AN ACT to amend chapter 268 of NRS, relating to powers and duties common to cities and towns incorporated under general or special laws, by creating a new provision authorizing cities to accept loans or grants for the purpose of providing public works and equipment as provided in Title 42, United States Code § 1532.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Public works as used in this section means any facilities necessary for carrying on community life substantially expanded by the national defense program, but the activities authorized under this section shall be devoted primarily to school, waterworks, sewers, sewage, garbage and refuse disposal facilities, public sanitary facilities, works for the treatment and purification of water, hospitals and other places for the care of the sick, recreational facilities and streets and access roads.
2. In addition to any authority or power provided by the charter of any incorporated city in this state, whether incorporated by general or special act, or otherwise, there is granted to the governing body of each of the cities incorporated under any law of this state the power and authority to accept loans or grants for the purpose of providing public works and equipment, as provided in Title 42, United States Code § 1532, including all amendments.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 406κ
Assembly Bill No. 271Messrs. Berrum and Young
CHAPTER 295
AN ACT to amend Title 50 of NRS, relating to animals, by adding thereto a new chapter providing for inspection of hides and carcasses of bovine animals, and providing other matters properly relating thereto; and to repeal chapter 566 of NRS relating to inspection of hides and carcasses of bovine animals.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 50 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 2 to 5, inclusive, of this act.
Sec. 2. As used in this chapter, department means the state department of agriculture.
Sec. 3. It shall be unlawful for any person to have in his possession all or part of the carcass of any bovine animal unless:
1. Such animal was slaughtered at a slaughtering establishment under a United States Government, state, county or municipal inspection system which provides for adequate stamping for identification of all carcasses or parts of carcasses before release; or
2. Such person exhibits to any peace officer authorized by the department under section 4 of this act, or to any inspector of the department, on demand, either:
(a) The hide of the animal from which the carcass was obtained, with ears and brands attached without disfiguration or alteration; or
(b) A certificate of inspection or release of the carcass, or of the carcass and hide, issued by an inspector of the department; or
(c) A bill of sale, memorandum of sale or other document, signed by the seller or donor of the meat, showing the name and address of the seller or donor.
Sec. 4. 1. In addition to regular department inspectors, the department may authorize and direct any duly elected or appointed peace officer to conduct the inspection provided for in this chapter.
2. Such peace officer shall conduct the inspection under the supervision of the department.
Sec. 5. Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor.
Sec. 6. Chapter 566 of NRS is hereby repealed.
________
κ1959 Statutes of Nevada, Page 407κ
Assembly Bill No. 338Committee on Judiciary
CHAPTER 296
AN ACT to amend chapter 598 of NRS, relating to trade regulations and practices generally, by creating a new provision relating to the rights of merchants to request individuals on the merchants premises to keep merchandise in full view; by providing that merchants shall be free from liability; by defining certain words; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section:
(a) Merchandise means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.
(b) Merchant means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchants premises.
(c) Premises means any establishment or part thereto wherein merchandise is displayed, held or offered for sale.
2. Any merchant shall have the right to request any individual on his premises to place or keep in full view any merchandise such individual may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant shall be criminally or civilly liable on account of having made such a request.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 344Clark County Delegation
CHAPTER 297
AN ACT to amend chapter 246 of NRS, relating to county clerks, by creating a new provision authorizing each county clerk, upon the approval of the board of county commissioners, to use a facsimile signature; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 246 of NRS is hereby amended by adding thereto a new provision which shall read as follows:
1. Each county clerk is authorized to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise and upon approval of the board of county commissioners, subject to the following conditions:
(a) That the mechanical device shall be of such nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
κ1959 Statutes of Nevada, Page 408 (CHAPTER 297, AB 344)κ
facsimile signature may be removed from the mechanical device and kept in a separate secure place.
(b) That the use of the facsimile signature shall be made only under the direction and supervision of the county clerk whose signature it represents.
(c) That all of the mechanical device shall at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the same.
2. No facsimile signature produced through a mechanical device authorized by the provisions of this section shall be combined with the signature of another officer.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 363Messrs. McKissick and Swanson
CHAPTER 298
AN ACT to amend chapter 123 of NRS, relating to the rights of husband and wife, by making explicit the present and equal right of each to community property, subject to the right of the husband to exercise control thereof; to amend NRS sections 123.030 and 123.250, relating to rights of husband and wife to hold property and to dispose of community property, by providing that certain provisions are retroactive; by clarifying provisions; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 123 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The respective interests of the husband and wife in community property during continuance of the marriage relation are present, existing and equal interests, subject to the provisions of NRS 123.230.
2. The provisions of this section apply to all community property, whether acquired prior or subsequent to the effective date of this act.
Sec. 2. NRS 123.030 is hereby amended to read as follows:
123.030 A husband [or] and wife may hold real or personal property as joint tenants, tenants in common, or as community property.
Sec. 3. NRS 123.250 is hereby amended to read as follows:
123.250 1. 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.
2. The provisions of this section apply to all community property, whether acquired prior or subsequent to July 1, 1957.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 409κ
Assembly Bill No. 364Joint Committee of Building and Construction and State Institutions
CHAPTER 299
AN ACT to amend an act entitled 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, to authorize the state planning board to dispose of buildings, improvements, furnishings and other personal property on certain lands acquired by it; and providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 13 of the above-entitled act, being chapter 275, Statutes of Nevada 1957, at page 371, is hereby amended to read as follows:
Section 13. After acquisition of the real property designated in sections 8 and 9, the superintendent of the state department of buildings and grounds, with the consent of the state planning board, may rent or lease all or any part thereof for such terms and amounts as may be approved by the state planning board. The annual amount of any such rental shall not be less than 6 percent of the purchase price of such property paid by the state. 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. The state planning board may sell or otherwise dispose of any buildings, improvements, furnishings or other personal property in or upon such premises for such consideration, payable in money or property and by cash or on terms, as it may deem to be in the best interest of the state. Notice of intention to sell or otherwise dispose of any such property shall be given by publication in a newspaper of general circulation, published in the county where such property is located once a week for 3 successive weeks. Any such sale shall be made to the highest bidder. All expenses of any such sale shall be paid by the state planning board from the proceeds of the sale. The net proceeds received by the state planning board from any such sale shall be deposited in the general fund in the state treasury.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 410κ
Assembly Bill No. 366Mr. Schouweiler
CHAPTER 300
AN ACT to amend NRS sections 369.190 and 369.470, relating to wholesale liquor dealers licenses and rights of such licensees, by providing that wholesale liquor dealers must conduct a bona fide wholesale business.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 369.190 is hereby amended to read as follows:
369.190 1. An application for any of the licenses described in NRS 369.180 shall be made to the board of county commissioners of the county in which the applicant maintains his principal place of business.
2. Each application shall:
(a) Be made on such form as the tax commission shall prescribe.
(b) Include the name and address of the applicant. If the applicant is a partnership, the application shall include the names and addresses of all partners. If the applicant is a corporation, association or other organization, the application shall include the names and addresses of the president, vice president, secretary and managing officer or officers.
(c) Specify the location, by street and number, of the premises for which the license is sought.
(d) Be accompanied by the annual license fee required for the particular license for which application is made.
3. Each applicant for an importers license or for a wholesale wine or liquor dealers license or for a wholesale beer dealers license shall agree to establish and maintain a place of business in the State of Nevada, in good faith actually to carry on a bona fide wholesale business, and must keep on hand therein at all times liquor of a wholesale value of at least $1,000.
4. The board of county commissioners shall examine all applications filed with it, and in addition thereto shall require satisfactory evidence that the applicant is a person of good moral character.
Sec. 2. NRS 369.470 is hereby amended to read as follows:
369.470 Wholesale dealers licenses shall permit the holders thereof to sell liquor to wholesalers or retailers only anywhere in Nevada. Sale by a wholesaler to himself as a retailer is not the transaction of a bona fide wholesale business.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 411κ
Assembly Bill No. 394Mr. Parks
CHAPTER 301
AN ACT to amend NRS section 286.670, relating to the exemption from tax, process or assignment of rights to benefits under the Public Employees Retirement Act, by allowing a person receiving such benefits to waive a portion thereof and to cancel such waiver; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.670 is hereby amended to read as follows:
286.670 1. The right of a person to a pension, an annuity, a retirement allowance, the return of contributions, the pension annuity or retirement allowance itself, any optional benefit or death benefit or any other right accrued or accruing to any person under the provisions of this chapter, and the money in the various funds created by this chapter, shall:
[1.] (a) Be exempt from all state, county and municipal taxes.
[2.] (b) Not be subject to execution, garnishment, attachment or any other process.
[3.] (c) Not be subject to the operation of any bankruptcy or insolvency law.
[4.] (d) Not be assignable.
2. Notwithstanding any provision of subsection 1, a person in receipt of a service retirement allowance or a disability retirement allowance, or a beneficiary under an optional plan, may waive any portion of such allowance. Such waiver shall be made in writing upon a form prescribed by the board, and that portion of the allowance waived shall remain in the retirement fund and shall not be recoverable at any time. Such waiver shall be effective upon the 1st day of the month in which such waiver is received by the board. Such waiver may be canceled by such person at any time by notifying the board of such cancellation upon a form to be prescribed by the board. Such cancellation shall be effective upon the 1st day of the month following the month in which notice thereof is received by the board.
Sec. 2. This act shall become effective upon passage and approval
________
κ1959 Statutes of Nevada, Page 412κ
Assembly Bill No. 411Mr. Ryan
CHAPTER 302
AN ACT to amend NRS sections 244.145, 296.020 and 303.280, relating to the county commissioners election power, the establishment, alteration, consolidation and abolishment of election precincts by county commissioners and the altering of election precincts for voting machine purposes, by providing that no new election precinct may be established and no existing election precinct may be altered within 30 days of any election.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.145 is hereby amended to read as follows:
244.145 1. The board of county commissioners shall have power and jurisdiction in their respective counties to establish, change and abolish election precincts, and to appoint officers of elections.
2. No new election precinct may be established and no existing precinct may be changed or abolished within 30 days of any election.
Sec. 2. NRS 296.020 is hereby amended to read as follows:
296.020 1. Subject to the provisions of NRS [296.025] 296.020 to 296.045, inclusive, the boards of county commissioners shall:
[1.] (a) Establish election precincts and define the boundaries thereof.
[2.] (b) Alter, consolidate, designate and abolish election precincts as public convenience or necessity or economy and expediency in elections may require.
2. No new precinct may be established and no existing precinct may be altered, consolidated or abolished within 30 days of any election.
Sec. 3. NRS 303.280 is hereby amended to read as follows:
303.280 The officers charged with the duty of creating election precincts, at any time on or before the [40th] 31st day preceding any election, may create, unite, divide or combine the election precincts in which voting machines are to be used.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 424Nye County Delegation
CHAPTER 303
AN ACT to amend chapter 408 of NRS, relating to highways and roads, by adding route 91 to the state highway system; by designating the course of route 91; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1959 Statutes of Nevada, Page 413 (CHAPTER 303, AB 424)κ
Route 91 begins at a point near Gabbs, thence easterly to the Stokes iron mine, continuing easterly to Ione, a distance of approximately 20 miles.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 429Washoe County Delegation
CHAPTER 304
AN ACT to amend NRS sections 244.710 and 244.720, relating to elections and the incurring of indebtedness by county fair and recreation boards, by requiring election returns to be made to the secretary of the county fair and recreation board and by changing the maximum term of recreation bonds from 20 years to 30 years; by validating all bonds issued pursuant to chapter 383, Statutes of Nevada 1955, and its successor, NRS sections 244.640 to 244.780, inclusive; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.710 is hereby amended to read as follows:
244.710 1. The election boards shall:
(a) Conduct the elections in the manner prescribed by law for the holding of general elections, except as herein otherwise provided.
(b) Make their returns to the [clerk] secretary of the county fair and recreation board.
2. At any regular or special meeting of the board held within 5 days following the date of the election, the returns thereof shall be canvassed and the results declared.
Sec. 2. 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] 30 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.
κ1959 Statutes of Nevada, Page 414 (CHAPTER 304, AB 429)κ
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 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 premiums as may be determined by the board in the resolution authorizing the issuance of the bonds.
Sec. 3. All bonds of every county which have been heretofore authorized and issued pursuant to NRS 244.640 to 244.780, inclusive, 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 this act in the year 1959, including, without limiting the generality of the foregoing, the Clark County, Nevada, General Obligation Public Building and Recreation Bonds, Series December 15, 1958, in the principal amount of $1,000,000, and the proceedings had and taken in connection with those bonds.
Sec. 4. All proceedings had or taken, or purportedly had or taken, pursuant to NRS 244.640 to 244.780, inclusive, in connection with the organization of a county fair and recreation board, including but not necessarily limited to the organization of such a board in Washoe County in the calendar year 1959, and 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. 5. 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. 6. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 415κ
Assembly Bill No. 435Committee on Roads and Transportation
CHAPTER 305
AN ACT to amend NRS section 706.670, relating to exemption of certain motor vehicles from the provisions of NRS sections 706.010 to 706.700, inclusive, by excluding from such exemption those engaged in moving furniture and household effects who were not so engaged on January 1, 1959.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.670 is hereby amended to read as follows:
706.670 1. None of the provisions of NRS 706.010 to 706.700, inclusive, shall apply to:
(a) Any motor vehicle operated wholly within the corporate limits of any city or town in the State of Nevada, except those operated for the moving of new and used furniture and household effects for hire, but if the corporate limits of any such city or town shall be extended or changed to include within such corporate limits any route, area, public highway or terminus lawfully serviced, used or employed at the time of such extension or change of such corporate limits by any common or contract motor carrier of property or passengers, or taxicab motor carrier, to which a certificate of convenience and necessity, permit or license has been issued, the provisions of this chapter shall apply, while any such common carrier or taxicab motor carrier servicing, using or employing such route, area, public highway or terminus in accordance with such certificate, permit or license shall have and continue to have such certificate, permit or license or any renewal thereof, and shall not be in default of any payment for any license, or of any liability insurance policy, or certificate of insurance or bond provided by this chapter.
(b) United States mail carriers operating star routes when not engaged in other business as a common or contract carrier.
(c) City or town draymen and private motor carriers of property operating within a 5-mile radius of the limits of a city or town [.] , except any person engaging in the moving of new and used furniture and household effects for hire.
(d) The transportation of livestock and farm products to market by the producer thereof, or such producers employee, or merchandise and supplies for his own use in his own motor vehicle.
(e) The transportation of children to and from school.
(f) The transportation of passengers in chartered motor vehicles on education or sightseeing tours; but only five such trips shall be allowed any one person during any fiscal year.
(g) The transportation of a contractors own equipment in his own motor vehicle from job to job.
(h) The transportation of ore or minerals or mining supplies in the producers own vehicle; but only one vehicle having an unladened weight not exceeding 10,000 pounds shall be exempted from the transportation of ore or minerals or mining supplies. No exemption whatever shall be granted if the vehicle exceeds 10,000 pounds unladened.
κ1959 Statutes of Nevada, Page 416 (CHAPTER 305, AB 435)κ
(i) Any person engaged in transporting his own personal property in his own motor vehicle.
(j) Any city or town drayman who on January 1, 1959, was currently engaged in the moving of new or used furniture or household effects for hire under the exemptions provided in paragraphs (a) and (c) of this subsection shall be granted a certificate of public convenience and necessity if application is made within 90 days after the effective date of this amendatory act, and such application contains satisfactory evidence of the lawful nature and scope of the applicants operation existing on January 1, 1959. Such certificate, when issued, shall authorize the recipient thereof to operate within the corporate or municipal limits of the city or town wherein the applicant was lawfully operating on January 1, 1959, and within a 5-mile radius of the limits of such city or town as those limits are now, or may hereafter be, officially determined.
2. Any person who is a private carrier of property transporting his own goods, wares and merchandise, other than livestock or farm produce, or ore or minerals or mining supplies, in the producers own vehicle, being transported for the purpose of sale or resale, may secure a private carriers license at a rate of $25 per year, if the vehicle does not exceed 10,000 pounds unladened weight. Such fee shall be the only license fee required of such person, notwithstanding any other provision of NRS 706.010 to 706.700, inclusive, to the contrary; but only one such motor vehicle shall be permitted to be used by such person under the terms of this particular exemption, regardless of the number of his business branches located in the State of Nevada or elsewhere. Nothing in this subsection shall be construed as applying to tractor-trucks, trailers or semitrailers, but shall be deemed to apply to motor trucks and passenger cars.
________
Assembly Bill No. 440Mr. Monaghan (by request)
CHAPTER 306
AN ACT to amend NRS section 249.060, relating to the appointment and removal of deputies of county treasurers, by allowing any county treasurer to authorize his deputy or deputies to transact all official business pertaining to the office of county treasurer in the same manner as the county treasurer.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 249.060 is hereby amended to read as follows:
249.060 1. County treasurers may appoint one or more deputies, and may take from them bond with sureties. They shall have power to remove their deputies at pleasure. Every county treasurer and his sureties shall be liable for every official act of his deputies.
κ1959 Statutes of Nevada, Page 417 (CHAPTER 306, AB 440)κ
2. Any county treasurer may authorize his deputy or deputies to transact any official business pertaining to the office of county treasurer in the same manner as the county treasurer.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 452Committee on Ways and Means
CHAPTER 307
AN ACT providing an additional and supplemental appropriation for the support of the office of the director of the budget for the biennium ending June 30, 1959.
[Approved March 26, 1959]
Whereas, By the provisions of section 14 of chapter 391, Statutes of Nevada 1957, there was appropriated the sum of $45,779 for the support of the office of the director of the budget for the biennium commencing July 1, 1957, and ending June 30, 1959; and
Whereas, There is an immediate need for the employment of a budget analyst in the office of the director of the budget and appropriated funds are insufficient to pay his salary; 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, 1959, there is hereby appropriated from the general fund in the state treasury the sum of $1,865 for the support of the office of the director of the budget as an additional and supplemental appropriation to that allowed and made by section 14 of chapter 391, Statutes of Nevada 1957.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 457Committee on Livestock
CHAPTER 308
AN ACT to amend NRS section 565.070, relating to fees for brand inspection, their imposition, collection and disposition, within brand inspection districts, by authorizing retention of such fees by the brand inspector or requiring the forwarding thereof to the state board of stock commissioners for deposit in the stock inspection fund, all in accordance with the provisions of regulations of the state board of stock commissioners.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 565.070 is hereby amended to read as follows:
565.070 1. The board is authorized to levy and collect a reasonably compensatory fee or fees for brand inspection as required under the provisions of this chapter.
κ1959 Statutes of Nevada, Page 418 (CHAPTER 308, AB 457)κ
provisions of this chapter. Any fee or fees so levied shall be collected by the inspector before the issuance of a brand inspection clearance certificate as provided for in this chapter.
2. Any such fee or fees so collected by any inspector shall [be] , in accordance with the provisions of a regulation adopted and issued by the board, either:
(a) Be immediately forwarded by him to the office of the board and the same shall be deposited in the stock inspection fund in the state treasury [.] ; or
(b) Be retained by him as compensation and accounted for by him at the time and in the manner required by regulation of the board.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 458Mr. McKissick
CHAPTER 309
AN ACT to amend NRS sections 111.025 and 111.100, relating to void conveyances, charges, instruments and proceedings, and to lineal and collateral warranties, by deleting the word creditors and by correcting a spelling error; and to repeal NRS sections 111.030, 111.035, 111.175, 111.180, 111.215, 111.225 and 111.230, relating to fraudulent and void conveyances.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 111.025 is hereby amended to read as follows:
111.025 Every conveyance, charge, instrument or proceeding declared to be void by the provisions of this chapter, as against [creditors or] purchasers, shall be equally void as against the heirs, successors, personal representatives or assigns of such [creditors or] purchasers.
Sec. 2. NRS 111.100 is hereby amended to read as follows:
111.100 Lineal and collateral [warrantees,] warranties, with all their incidents, are abolished; but the heirs and devisees of every person who shall have made any covenant or agreement in reference to the title of, in or to any real property, shall be answerable upon such covenant or agreement to the extent of the land descended or devised to them, in the cases and in the manner prescribed by law.
Sec. 3. NRS 111.030, 111.035, 111.175, 111.180, 111.215, 111.225 and 111.230 are hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 419κ
Assembly Bill No. 460Mr. McKissick
CHAPTER 310
AN ACT to amend NRS section 108.200, relating to actions on liens of mechanics and materialmen by requiring service of the complaint and summons on the defendant; by allowing the defendant to answer or defend as provided by the Nevada Rules of Civil Procedure; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.200 is hereby amended to read as follows:
108.200 1. Liens may be enforced by an action in any court of competent jurisdiction, on setting out in the complaint the particulars of the demand, with a description of the premises to be charged with the lien.
2. At the time of filing the complaint and issuing the summons, the plaintiff shall cause a notice to be published at least once a week for 3 successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons holding or claiming liens under the provisions of NRS 108.010 to 108.240, inclusive, on the premises:
(a) To be and appear before the court on a day specified therein; and
(b) To exhibit then and there the proof of their liens.
3. If it appears from the records of the county recorder that there are other lien claims recorded against the same premises at the time of the commencement of the action, the plaintiff shall, in addition to and after the initial publication of the notice as provided in subsection 2, mail to such other lien claimants, by registered mail, a copy of the notice as published.
4. The summons and complaint shall be served upon the defendant, and the defendant shall be allowed to answer, deny or otherwise plead or defend, as provided by the Nevada Rules of Civil Procedure.
5. On the day appointed, the court shall enter judgment according to the right of the parties, and shall, by decree, proceed to hear and determine the claims in a summary way, or may, if it be the district court, refer the same to a master to ascertain and report upon the liens and the amount justly due thereon. All liens not so exhibited shall be deemed to be waived in favor of those which are so exhibited.
[5.] 6. On ascertaining the whole amount of the liens with which the premises are justly chargeable, as provided in NRS 108.010 to 108.240, inclusive, the court shall cause the premises to be sold in satisfaction of the liens and costs, including costs of suit, and any party in whose favor such judgment may be rendered may cause the premises to be sold within the time and in the manner provided for sales on execution, issued out of any district court, for the sale of real property.
[6.] 7. If the proceeds of sale, after the payment of costs, shall not be sufficient to satisfy the whole amount of such liens included in the decree of sale, then the proceeds shall be apportioned according to the right of the several parties.
κ1959 Statutes of Nevada, Page 420 (CHAPTER 310, AB 460)κ
not be sufficient to satisfy the whole amount of such liens included in the decree of sale, then the proceeds shall be apportioned according to the right of the several parties. In case the proceeds of sale amount to more than the sum of the liens and the costs of sale, then the remainder shall be paid over to the owner of the property.
[7.] 8. Each party whose claim is not satisfied in the manner herein provided for shall have personal judgment for the residue against the party legally liable for the same if such person has been personally summoned or has appeared in the action.
[8.] 9. This section shall be applicable to actions in justices courts as to action on, trial of and sale of premises under mechanics liens, where the sum involved is within the provisions of paragraph (k) of subsection 1 of NRS 4.370.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 461Committee on Ways and Means
CHAPTER 311
AN ACT to amend NRS section 422.200, relating to the fiscal duties of the state welfare director, by increasing the amount of travel allowance for workers of the state welfare department.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 422.200 is hereby amended to read as follows:
422.200 The state welfare director shall have the following powers and duties:
1. To be responsible for and to supervise the fiscal affairs and responsibilities of the department.
2. To present the biennial budget of the department to the legislature in conjunction with the director of the budget.
3. To allocate, with the approval of the state welfare board, in the interest of efficiency and economy, the states appropriation for administration of the separate programs for which the department is responsible.
4. To provide for reimbursement of workers for their necessary expenses in traveling by private or public conveyance, to include travel within city limits of any town or municipality within the State of Nevada, at the rate of [7.5] 8 cents per mile if traveled by the workers private conveyance.
________
κ1959 Statutes of Nevada, Page 421κ
Assembly Bill No. 464Washoe County and Clark County Delegations
CHAPTER 312
AN ACT to amend NRS section 244.210, relating to demands against counties, by providing the procedure for approval of such demands by the board of county commissioners; providing for cumulative voucher sheets; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.210 is hereby amended to read as follows:
244.210 1. Every demand against the county, except the salaries of the district judge or judges and the elective officers of the county whose salaries are fixed by law, shall be acted upon by the county commissioners. [and allowed or rejected in order of presentation, and must, after having been approved by the board of county commissioners, approval to consist of a written approval of at least two members of the board, before it can be paid, be presented to the county auditor to be allowed.] The demands shall be listed on cumulative voucher sheets and a copy presented to each of the members of the board of county commissioners present at the meeting thereof, and mailed to any absent member; and, when the demands have been approved by a majority of the board of county commissioners, and the cumulative voucher sheets have been signed by the chairman and secretary of such board, such demands shall be valid vouchers in the hands of the county auditor for him to issue warrants on the county treasurer to be paid out of funds belonging to such county.
2. The county auditor shall satisfy himself whether the money is legally due and remains unpaid, and whether the payment thereof from the treasury is authorized by law, and out of what fund.
3. If the county auditor allow it, he shall endorse upon it the word allowed, with the name of the fund out of which it is payable, with the date of such allowance, and sign his name thereto, and draw his warrant on the county treasury for the amount allowed.
[3.] 4. No demand shall be approved, allowed, audited or paid unless each several item, date and value composing it be endorsed upon the same, by the order of the board of county commissioners, together with a reference to the law, order, contract or authority by title, date and section authorizing the same.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 422κ
Assembly Bill No. 164Mr. Young (by request)
CHAPTER 313
AN ACT to amend NRS section 561.250, relating to the levy and collection of the stock inspection fund tax, by increasing the maximum tax from 4 mills to 7 mills on $1 per annum.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 561.250 is hereby amended to read as follows:
561.250 1. The various boards of county commissioners shall, at the time of the annual levy of taxes, levy the rate of tax requested by the board, not to exceed [4] 7 mills on $1 per annum, on all cattle, horses, hogs and other livestock under the jurisdiction of the board, assessed in their respective counties, according to the assessed valuation of the same.
2. The tax shall be collected as other taxes, and paid to the state treasurer, who shall keep the same in a separate fund to be known as the stock inspection fund.
________
Assembly Bill No. 199Mr. Monaghan (by request)
CHAPTER 314
AN ACT to amend NRS sections 355.130 and 355.140, relating to loans to counties, cities, towns and school districts, and bonds, securities and loans in which state funds may be invested, by conforming the term and rate of interest on loans to the provisions of NRS section 354.090, and by giving the state board of finance discretion to determine the rate of interest on authorized loans secured by first mortgages on agricultural lands in Nevada.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 355.130 is hereby amended to read as follows:
355.130 1. By unanimous vote of its members and with the approval of the state board of examiners, the state board of finance is empowered to lend any available moneys in the state treasury, other than those in the state permanent school fund and those in the state insurance fund, to counties, cities, towns, school districts and other governmental agencies situated within the boundaries of the State of Nevada. Such loans shall be made only to counties, cities, towns, school districts and other governmental agencies that have observed the regulations and followed the procedure for obtaining temporary loans set forth in chapter 354 of NRS. Such loans shall be made for a period of not longer than [18 months] 3 years and shall bear interest at the rate [of 6] not to exceed 8 percent per annum.
2. In making loans to counties, cities, towns, school districts and other governmental agencies, the state board of finance shall follow the procedure for making other loans set forth in this chapter.
κ1959 Statutes of Nevada, Page 423 (CHAPTER 314, AB 199)κ
Sec. 2. NRS 355.140 is hereby amended to read as follows:
355.140 Any law of this state to the contrary notwithstanding, the following bonds and other securities, or either or any of them, are proper and lawful investments of any of the funds of this state and of its various departments, institutions and agencies, and of the state insurance fund:
1. Bonds and certificates of the United States;
2. Bonds of federal agencies where underwritten by or payment is guaranteed by the United States;
3. Bonds of this state or other states of the Union;
4. Bonds of any county of the State of Nevada or of other states;
5. Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds when such bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
6. General obligation bonds of irrigation districts and drainage districts in the State of Nevada which are liens upon the property within such districts, when the value of such property is found by the board or commission making such investments to render such bonds financially sound over and above all other obligations of such districts;
7. Bonds of school districts within the State of Nevada;
8. Bonds of any power district, water district, or power and water district having a population of not less than 200,000 persons and situated in two or more counties of the State of Nevada or of any other state, which bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation when such property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of such district;
9. Bonds authorized to be issued by sewage, water and garbage disposal districts pursuant to the provisions of chapter 310 of NRS;
10. Bonds authorized to be issued by water and sanitation districts pursuant to the provisions of chapter 311 of NRS;
11. Temporary or emergency loans to counties, cities and school districts authorized under the provisions of chapter 354 of NRS at an interest rate [determined by the state board of finance;] not to exceed 8 percent per annum;
12. Loans bearing interest at a rate [of not less than 6 percent per annum] determined by the state board of finance when secured by first mortgages on agricultural lands in the State of Nevada of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances; and
13. Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended;
κ1959 Statutes of Nevada, Page 424 (CHAPTER 314, AB 199)κ
except such funds or moneys the investment of which is governed by the provisions of the constitution of the State of Nevada, such has moneys for the benefit of the public schools of this state and for other educational purposes derived from land grants of the United States, escheat estates, gifts and bequests for educational purposes, fines, and from other sources, as provided for in section 3 of article XI of the constitution of this state, and except also such funds or moneys thereof as have been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 215Messrs. Schouweiler and Swanson
CHAPTER 315
AN ACT to amend NRS section 355.170, relating to the purchase of bonds and debentures of the United States by boards of county commissioners, by providing that maturity dates on bonds and debentures of the United States purchased by counties and cities shall not extend more than 10 years from the date of purchase, and by allowing the governing bodies of incorporated cities to make such purchases.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 355.170 is hereby amended to read as follows:
355.170 1. A board of county commissioners or the governing body of an incorporated city may purchase:
(a) Bonds and debentures of the United States, the maturity dates of which shall not extend more than [1 year] 10 years from the date of purchase;
(b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended;
when, in the opinion of the board of county commissioners [,] or the governing body of the city, there are sufficient moneys in any fund or funds in [the] such county [,] or city, the use of which for the purpose of purchasing the type of bonds herein referred to will not result in the impairment of such fund or funds for the purposes for which the same were created.
2. [The] When the board of county commissioners [having] or governing body of the city has determined that there are available moneys in any fund or funds for the purchase of bonds as set out in subsection 1, such purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds shall be credited to the funds in the amounts purchased, and the moneys received from the redemption of such bonds, as and when redeemed, shall go back into the fund or funds from which the purchase money was taken originally.
κ1959 Statutes of Nevada, Page 425 (CHAPTER 315, AB 215)κ
out of any one or more of the funds, but the bonds shall be credited to the funds in the amounts purchased, and the moneys received from the redemption of such bonds, as and when redeemed, shall go back into the fund or funds from which the purchase money was taken originally.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 476Clark County Delegation
CHAPTER 316
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 27, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 6 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 33, Statutes of Nevada 1957, at page 40, is hereby amended to read as follows:
Section 6. Officers, Elective-Qualifications of. The mayor, each of the four commissioners, the city attorney, and the judge of the municipal court shall not be less than twenty-five (25) years of age, citizens of the United States, and qualified voters of the city of Las Vegas for at least two years immediately preceding the year in which said election is held. [No incumbent commissioner shall be eligible for nomination or election to the office of mayor, but nothing herein contained shall be construed so as to prevent any commissioner from first resigning his office of commissioner and then becoming a candidate for the office of mayor.] No incumbent elected city official shall be eligible for nomination or election to any elective office other than the office in which he is an incumbent, but nothing herein contained shall be construed so as to prevent any elected city official from first resigning his office and then becoming a candidate for an office in which he was not an incumbent. All such resignations, to be effective, shall be made at least 10 days prior to the last day for filing an affidavit of candidacy as provided in section 3 of chapter II of this charter. All officers made elective by the popular vote shall within twenty days after the result of the election is ascertained qualify as required by this charter and the constitution and laws of the State of Nevada, and enter upon the duties of their office on the first Monday in July of the year in which said general election is held, and failing to do so within said time, such office shall be and become vacant.
Sec. 2. Section 14 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 105, Statutes of Nevada 1953, at page 104, is hereby amended to read as follows:
κ1959 Statutes of Nevada, Page 426 (CHAPTER 316, AB 476)κ
Section 14. Vacancy in Office-Resignation-Election of Successors. Resignation by the mayor or any commissioner, the city attorney, or judge of the municipal court, elected under this act, shall be made in writing to the board of commissioners for their action thereupon. In case of the removal of the domiciles of the mayor or any commissioner, the city attorney, or the judge of the municipal court, or any other charter officer from the territorial limits of said city, such removal shall ipso facto be deemed to create a vacancy in said office. In case of any vacancy from any cause in the office of mayor or any commissioner, the office of city attorney, or the judge of the municipal court, the same shall be filled [for the unexpired term] until the next general municipal election by a majority vote of the remaining members of the board of commissioners, although less than a quorum, who are present at a regular meeting, or special meeting called for that purpose. At the next general municipal election the office shall be filled by election for the balance of the unexpired term.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 159Committee on Taxation
CHAPTER 317
AN ACT to amend chapter 111 of NRS, relating to estates in property, conveyancing and recording, by creating a new provision requiring prepayment of the proportionate share of the bonded indebtedness of a county applicable to lands conveyed to the United States, the State of Nevada or any political subdivision thereof, as condition precedent to such conveyance; and by providing other matters properly relating thereto.
[Became law without signature]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 111 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No conveyance of real property to the United States, the State of Nevada or any political subdivision of the state shall be valid for any purpose, nor shall any such instrument of conveyance be recorded, unless and until there has been paid to the county treasurer or county treasurers of the county or counties in which such real property is located, the full amount of the proportionate share of the total indebtedness of the county under general obligation bonds applicable to such real property.
2. The amount payable to the county treasurer shall be computed by multiplying the amount of the then current or most recent tax levied against such real property for the repayment of principal and interest on such bonds by the number of years then remaining until maturity of each such bond issue.
3. All moneys received by the county treasurer pursuant to this section shall be credited to the bond interest and redemption fund of the county.
κ1959 Statutes of Nevada, Page 427 (CHAPTER 317, SB 159)κ
4. The provisions of this section shall not be applicable to conveyances of real property to the state board of fish and game commissioners.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 144Messrs. Evans, McKissick, Parks, Humphrey (Washoe), Swackhamer and Pozzi
CHAPTER 318
AN ACT to amend chapter 463 of NRS and NRS sections 463.010, 463.020, 463.040 to 463.170, inclusive, 463.210 to 463.230, inclusive, 463.250 to 463.330, inclusive, 463.360 to 463.390, inclusive, 463.440, 463.450 and 463.470, relating to licensing and control of gambling, and NRS sections 464.020 to 464.040, inclusive, 464.060 to 464.080, relating to pari-mutuel wagering, by creating new provisions and amending existing provisions to create the Nevada gaming commission and provide for the powers, duties and functions of the commission and the appointment, qualifications, removal, compensation, powers and duties of the members thereof; by providing for the transfer of certain records of the Nevada tax commission to the Nevada gaming commission; by providing for the administration of the provisions of chapters 463 and 464 of NRS by the Nevada gaming commission and the state gaming control board; by prescribing the powers, duties and functions of the state gaming control board and the appointment, qualifications, removal, compensation, powers and duties of the members thereof; by providing for the adoption, amendment and repeal of administrative regulations by the commission and the procedures therefor; by prescribing administrative procedures of the commission and board; by establishing procedures for the revocation, suspension, conditioning or limiting of gaming licenses and pari-mutuel wagering licenses and the conduct of hearings with respect thereto; by providing for judicial review of actions, decisions and orders of the commission relating to revocation, suspension, conditioning or limiting of licenses; by providing for declaratory judgments with respect to statutes and regulations relating to gambling; by defining certain terms and phrases; by providing penalties; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.010 is hereby amended to read as follows:
463.010 [NRS 463.010 to 463.360, inclusive,] This chapter may be known and cited as the Nevada Gaming Control Act.
Sec. 2. NRS 463.020 is hereby amended to read as follows:
463.020 1. As used in [NRS 463.010 to 463.360, inclusive,] this chapter, unless the context otherwise requires:
(a) Applicant means any person who has applied for or is about to apply for a state gaming license under the provisions of [NRS 463.010 to 463.360, inclusive.] this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS.
(b) Application means a request for the issuance of a state gaming license under the provisions of [NRS 463.010 to 463.360, inclusive.] this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS.
κ1959 Statutes of Nevada, Page 428 (CHAPTER 318, AB 144)κ
(c) Board means the state gaming control board as established by [NRS 463.010 to 463.360, inclusive.] this chapter.
(d) Certificate or certificate of eligibility means a certificate of eligibility for a state gaming or pari-mutuel wagering license, as provided for in [NRS 463.010 to 463.360, inclusive.] this chapter or chapter 464 of NRS.
(e) Chairman means the chairman of the state gaming control board [.] or the chairman of the Nevada gaming commission.
(f) City means any incorporated or unincorporated city or town.
(g) Commission means the Nevada [tax] gaming commission.
(h) Commissioner means a member of the Nevada [tax] gaming commission.
(i) Establishment means any premises wherein or whereon any gaming is done.
(j) Game or gambling game means any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondyke, craps, stud poker, draw poker or slot machine, but shall not include social games played solely for drinks or cigars or cigarettes served individually, games played in private homes or residences for prizes or coin machines operated solely for cigars, cigarettes, drinks or golf balls.
(k) Gaming or gambling means to deal, operate, carry on, conduct, maintain or expose for play any game as herein defined.
(l) Gaming device means any mechanical contrivance or machine used in connection with gaming or any game.
(m) Gross revenue means the total of all sums received as winnings less only the total of all sums paid out as losses by a licensee under a state gaming license during a calendar quarter.
(n) Hearing examiner means a member of the state gaming control board or Nevada [tax] gaming commission or other person authorized by the state gaming control board or Nevada [tax] gaming commission to conduct investigative hearings.
(o) License or gaming license means any license issued by the state or any political subdivision thereof pursuant to [NRS 463.010 to 463.360, inclusive,] this chapter or chapter 464 of NRS which authorizes the person named therein to engage in gaming [.] or pari-mutuel wagering.
(p) Licensee means any person to whom a valid gaming or pari-mutuel wagering license has been issued.
(q) License fees means any moneys required by law to be paid to obtain or renew a gaming or pari-mutuel wagering license.
(r) Member or board member or commission member means a member of the state gaming control board [.] or a member of the Nevada gaming commission.
(s) Operation means the conduct of gaming.
(t) Party means the state gaming control board and any licensee or other person appearing of record in any proceeding before the commission; or the Nevada gaming commission and any licensee or other person appearing of record in any proceeding for judicial review of any action, decision or order of the commission.
κ1959 Statutes of Nevada, Page 429 (CHAPTER 318, AB 144)κ
person appearing of record in any proceeding for judicial review of any action, decision or order of the commission.
[(t)] (u) Person means any corporation or association as well as a natural person.
[(u)] (v) Quarter or calendar quarter means a period of 3 consecutive months commencing on the 1st day of January, April, July or October in any year.
(w) Respondent means any licensee or other person against whom the board has filed a complaint with the commission.
[(v)] (x) Slot machine means any mechanical device, contrivance or machine played for money or for checks or tokens redeemable in money or property.
2. In construing the provisions of [NRS 463.010 to 463.360, inclusive,] this chapter, save when otherwise plainly declared or clearly apparent from the context:
(a) Words in the present tense shall include the future tense.
(b) Words in the masculine shall include the feminine and neuter genders.
(c) Words in the singular shall include the plural, and in the plural shall include the singular.
Sec. 3. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 11, inclusive, of this act.
Sec. 4. The Nevada gaming commission, consisting of five members, is hereby created.
Sec. 5. 1. Each member of the commission shall be:
(a) A citizen of the United States; and
(b) A resident of the State of Nevada.
2. No member of the legislature, no person holding any elective office in the state government, nor any officer or official of any political party shall be eligible to appointment to the commission.
3. It is the intention of the legislature that the commission shall be composed of the most qualified persons available, preferably persons familiar with gaming operations; but no person actively engaged or having a direct pecuniary interest in gaming activities shall be a member of the commission.
4. Not more than three members of the commission shall be of the same major political affiliation.
Sec. 6. 1. The members of the commission shall be appointed by the governor.
2. The governor shall designate the member to serve as chairman of the commission.
3. Appointments to the commission, except those to fill unexpired terms, shall be for terms as follows:
(a) Three members for 4 years.
(b) Two members for 2 years.
(c) Thereafter, all members shall be appointed for terms of 4 years.
4. Appointments to fill vacancies on the commission shall be for the unexpired term of the member to be replaced, and shall be made by the governor.
5. Any commissioner may be removed by the governor if, in his opinion, such commissioner is guilty of malfeasance in office or neglect of duty.
κ1959 Statutes of Nevada, Page 430 (CHAPTER 318, AB 144)κ
opinion, such commissioner is guilty of malfeasance in office or neglect of duty.
Sec. 7. 1. The commission members shall devote such time to the business of the commission as may be necessary to the discharge of their duties.
2. No member shall be:
(a) A member of any political convention; or
(b) A member of any committee of any political party.
3. Before entering upon the duties of his office, each member shall subscribe to the constitutional oath of office and, in addition, swear that he is not actively engaged in nor does he hold a direct pecuniary interest in gaming activities.
Sec. 8. 1. The members of the commission shall each receive as compensation $25 for each day actually employed on the work of the commission.
2. In addition to such salary, each member shall be entitled to reimbursement for necessary travel and per diem expenses in the manner provided by law.
Sec. 9. 1. The commission may:
(a) Establish, and from time to time alter, such plan of organization as it may deem expedient.
(b) Employ and discharge an administrative secretary, who shall receive an annual salary of $10,000 and perform such duties as the commission may require, and such other personnel as it may deem necessary.
(c) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as it may deem necessary or desirable in carrying out its functions.
(d) Incur such other expenses, within the limit of funds available to it, as it may deem necessary.
2. Except as otherwise provided in this chapter, all costs of administration incurred by the commission shall be paid out on claims from the general fund in the state treasury in the same manner as other claims against the state are paid.
3. The commission shall classify its employees as executive, supervisory, investigative and clerical, as it shall deem appropriate. No member or employee of the commission, other than those designated as clerical employees, shall be included in the classified service nor be subject to any of the provisions of chapter 284 of NRS or any acts amendatory of or supplemental thereto.
Sec. 10. 1. The commission shall keep its main office at Carson City, Nevada, in conjunction with the board in rooms provided by the superintendent of the state department of buildings and grounds.
2. The commission may, in its discretion, maintain a branch office in Las Vegas, Nevada, in space to be provided in the state office building or at any other place in this state.
Sec. 11. 1. Regular and special meetings of the commission may be held, at the discretion of the commission, at such times and places as it may deem convenient, but at least one regular meeting shall be held each month on or after the 15th day of the month.
κ1959 Statutes of Nevada, Page 431 (CHAPTER 318, AB 144)κ
2. A majority of the members shall constitute a quorum of the commission.
Sec. 12. NRS 463.040 is hereby amended to read as follows:
463.040 1. Each member of the board shall:
(a) Be a citizen of the United States.
(b) Be, or within 6 months after appointment become and remain, a resident of the State of Nevada.
2. [One member of the board may be the executive secretary of the Nevada tax commission.
3.] No member of the legislature, no person holding any elective office in the state government, nor any officer or official of any political party shall be eligible to appointment to the board.
[4.] 3. It is the intention of the legislature that the board shall be composed of the most qualified persons available, preferably having training or practical experience in any of the following fields of endeavor: Accountancy, administration, investigation, law enforcement, law or gaming.
Sec. 13. NRS 463.050 is hereby amended to read as follows:
463.050 1. Appointments to the board, except those to fill unexpired terms, shall be for terms as follows:
(a) Two members for 4 years.
(b) One member for 2 years.
(c) Thereafter, all members shall be appointed for terms of 4 years.
2. Appointments to the board shall be made by the governor.
3. Appointments to fill vacancies on the board shall be for the unexpired term of the member to be replaced, and shall be made by the governor.
4. The governor shall designate the member to serve as chairman of the board.
5. Any member may be removed [at any time without cause upon the affirmative vote of not less than five members of the Nevada tax commission.] by the governor if, in his opinion, such member is guilty of malfeasance in office or neglect of duty.
Sec. 14. NRS 463.060 is hereby amended to read as follows:
463.060 1. Each member shall devote his entire time and attention to the business of the board and shall not pursue any other business or occupation or hold any other office of profit. [, except that the executive secretary of the Nevada tax commission may serve simultaneously as chairman or as a member of the board and also as executive secretary of the Nevada tax commission.]
2. No member shall be:
(a) A member of any political convention.
(b) A member of any committee of any political party, or engage in any party activities.
3. No member shall be pecuniarily interested in any business or organization holding a gaming license under [NRS 463.010 to 463.360, inclusive,] this chapter or doing business with any person or organization licensed under [NRS 463.010 to 463.360, inclusive.] this chapter.
4. Before entering upon the duties of his office, each member shall subscribe to the constitutional oath of office and, in addition, swear that he is not pecuniarily interested in any business or organization holding a gaming license or doing business with any such person or organization.
κ1959 Statutes of Nevada, Page 432 (CHAPTER 318, AB 144)κ
that he is not pecuniarily interested in any business or organization holding a gaming license or doing business with any such person or organization. The oath of office shall be filed in the office of the secretary of state.
Sec. 15. NRS 463.070 is hereby amended to read as follows:
463.070 1. The board members shall each receive an annual salary of $15,000. [If the executive secretary of the Nevada tax commission is also a member of the board, the total compensation received by him in both capacities shall not exceed $15,000 per year.]
2. In addition to the salary set forth above, each member shall be entitled to reimbursement for necessary travel and per diem expenses in the manner provided by law.
Sec. 16. NRS 463.080 is hereby amended to read as follows:
463.080 1. The board may, with the consent of the commission:
(a) Establish, and from time to time alter, such plan of organization as it may deem expedient.
(b) Employ and discharge such personnel as it may deem necessary.
(c) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as it may deem necessary or desirable in carrying out its functions.
(d) Incur such other expenses, within the limit of funds available to it, as it may deem necessary.
(e) Except as otherwise provided in [NRS 463.010 to 463.360, inclusive,] this chapter, all costs of administration incurred by the board shall be paid out on claims from the general fund in the same manner as other claims against the state are paid.
2. The board shall classify its employees as executive, supervisory, investigative and clerical, as it shall deem appropriate. No member or employee of the board, other than those designated as clerical employees, shall be included in the classified service nor be subject to any of the provisions of chapter 284 of NRS or any acts amendatory of or supplemental thereto.
Sec. 17. NRS 463.090 is hereby amended to read as follows:
463.090 [1. The Nevada tax commission and the board are authorized to employ and fix the compensation of such attorney or attorneys deemed necessary by it to assist in carrying out the provisions of NRS 463.010 to 463.360, inclusive.
2. Any attorney employed by the Nevada tax commission or the board shall attend all meetings of the gaming control board, furnish to it such legal advice as may be necessary, and shall represent the board in any proceeding to which it is a party.] The attorney general and his duly appointed assistants and deputies shall be the legal advisers for the commission and the board and shall represent the commission and the board in any proceeding to which either is a party.
Sec. 18. NRS 463.100 is hereby amended to read as follows:
463.100 1. The board shall keep its main office at Carson City, Nevada, in conjunction with the [Nevada tax] commission in rooms provided by the superintendent of the state department of buildings and grounds.
2. The board may, in its discretion, maintain a branch office in Las Vegas, Nevada, in space to be provided in the state office building, or at any other place in this state.
κ1959 Statutes of Nevada, Page 433 (CHAPTER 318, AB 144)κ
Las Vegas, Nevada, in space to be provided in the state office building, or at any other place in this state.
Sec. 19. NRS 463.110 is hereby amended to read as follows:
463.110 1. Regular and special meetings of the board may be held, at the discretion of the board, at such times and places as it may deem convenient, but at least one regular meeting shall be held in Carson City, Nevada, each month.
2. Public notice of the time and place of special meetings shall be given at least 7 days prior to such meeting.
3. All meetings of the board shall be open to the public. [Hearings] Investigative hearings may be conducted by the board, or a member, in private at the discretion of any member.
4. A majority of the members shall constitute a quorum of the board, and a majority of members present at any meeting shall determine the action of the board.
5. [Hearings] Investigative hearings may be conducted by one or more members with the concurrence of a majority of the board without notice at such times and places, within or without the State of Nevada, as the member or members may deem convenient.
[6. The Nevada tax commission shall hold at least one meeting in each month on or after the 15th day of the month at Carson City, Nevada, at which meeting gaming matters shall be considered.]
Sec. 20. NRS 463.120 is hereby amended to read as follows:
463.120 1. The board and the commission shall cause to be made and kept a record of all proceedings had at regular and special meetings of the board and the commission, which records shall be open to public inspection.
2. The board shall keep and maintain a file of all applications for licenses under [NRS 463.010 to 463.360, inclusive,] this chapter, together with a record of all action taken with respect to such applications, which file and record shall be open to public inspection.
3. The board and the commission may maintain such other files and records as they may deem desirable.
4. All information and data required by the board or commission to be furnished to it hereunder or which may be otherwise obtained relative to the earnings or revenue of any applicant or licensee shall be considered confidential and shall not be revealed in whole or in part except as follows:
(a) In the course of the necessary administration of [NRS 463.010 to 463.360, inclusive.] this chapter.
(b) Upon the lawful order of a court of competent jurisdiction.
(c) To a duly authorized agent of the Federal Bureau of Investigation, the United States Treasury Department or the Commissioner of the Internal Revenue Service of the United States.
5. All information and data pertaining to an applicants criminal record, antecedents and background, other than financial, furnished to or obtained by the board or the commission from any source, may be considered confidential and may be withheld in whole or in part; except that any information shall be released upon lawful order of a court of competent jurisdiction.
κ1959 Statutes of Nevada, Page 434 (CHAPTER 318, AB 144)κ
6. The files, records and reports of the board shall at all times be open to inspection [and copying] by the [Nevada tax] commission and its duly authorized agents.
7. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission shall be made available to the state gaming control board and the Nevada gaming commission as is necessary to the administration of [NRS 463.010 to 463.360, inclusive.] this chapter.
Sec. 21. NRS 463.130 is hereby amended to read as follows:
463.130 1. It is hereby declared to be the policy of this state that all establishments where gambling games are conducted or operated or where gambling devices are operated in the State of Nevada shall be licensed and controlled so as to better protect the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada.
2. Any license issued pursuant to [NRS 463.010 to 463.360, inclusive,] this chapter shall be deemed to be a revocable privilege and no holder thereof shall be deemed to have acquired any vested rights therein or thereunder.
Sec. 22. NRS 463.140 is hereby amended to read as follows:
463.140 1. The provisions of [NRS 463.010 to 463.360, inclusive,] this chapter with respect to state gaming licenses shall be administered by the state gaming control board and the Nevada [tax] gaming commission, which are hereby charged with administering the same for the protection of the public and in the public interest in accordance with the policy of this state.
2. The board shall investigate the qualifications of each applicant for licenses under [NRS 463.010 to 463.360, inclusive,] this chapter before any license is issued and shall continue to observe the conduct of all licensees to the end that licenses shall not be issued to nor held by unqualified or disqualified persons or unsuitable persons or persons whose operations are conducted in an unsuitable manner or for unsuitable or prohibited places or locations. The board shall have full and absolute power and authority to recommend the denial of any application for license, or the limitation, conditioning or restriction of such license or the suspension or revocation of an license, for any cause deemed reasonable by the board. The [Nevada tax] commission shall have full and absolute power and authority to deny any application for license, or to limit, condition, restrict, revoke or suspend any license, for any cause deemed reasonable by the commission.
3. The board and the commission and their agents, inspectors and employees have the authority:
(a) To inspect and examine all premises wherein gaming is conducted.
(b) To inspect all equipment and supplies in, upon or about such premises.
(c) Summarily to seize and remove from such premises and impound any such equipment or supplies for the purpose of examination and inspection.
(d) To demand access to and inspect, examine and audit all papers, books and records of applicants and licensees respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy of or any of the provisions of [NRS 463.010 to 463.360, inclusive.]
κ1959 Statutes of Nevada, Page 435 (CHAPTER 318, AB 144)κ
income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy of or any of the provisions of [NRS 463.010 to 463.360, inclusive.] this chapter.
4. For the purpose of the administration of [NRS 463.010 to 463.360, inclusive,] this chapter the board, the [Nevada tax] commission and their agents, inspectors and employees shall be invested with the powers of a peace officer of the State of Nevada.
5. The board and the commission or any member thereof shall each have full power and authority to issue subpenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission shall be guilty of perjury.
Sec. 23. NRS 463.150 is hereby amended to read as follows:
463.150 1. The commission [and the board are hereby] is empowered and shall, from time to time, [make, promulgate, modify,] adopt, amend [and] or repeal such [rules and] regulations, consistent with the policy, objects and purposes of [NRS 463.010 to 463.360, inclusive,] this chapter as [they] it may deem necessary or desirable in the public interest in carrying to the policy and provisions of [NRS 463.010 to 463.360, inclusive.] this chapter.
2. Such [rules and] regulations may, without limiting the general powers herein conferred, include the following:
(a) Prescribing the method and form of application which any applicant for a gaming license shall follow and complete prior to consideration of his application by the board.
(b) Prescribing the information to be furnished by any applicant or licensee concerning such persons antecedents, habits, character, associates, criminal record, business activities and financial affairs, past or present.
(c) Requiring fingerprinting of an applicant or licensee or employee of a licensee or other methods of identification.
(d) Prescribing the manner and procedure of all hearings conducted by the board or commission or any hearing examiner of the board or commission, including special rules of evidence applicable thereto and notices thereof.
(e) Requiring any applicant to pay all or any part of the cost of investigation of such applicant.
(f) Prescribing the manner and method of collection and payment of fees and issuance of licenses.
(g) Defining and limiting the area, games and devices permitted, and the method of operation of such games and devices for the purposes of [NRS 463.010 to 463.360, inclusive.] this chapter.
(h) Prescribing under what conditions the nonpayment of a gambling debt by a licensee shall be deemed grounds for revocation or suspension of his license.
(i) Requiring any applicant or licensee to waive any privilege with respect to any testimony at any hearing or meeting of the board or commission, except any privilege afforded by the constitutions of the United States or this state.
κ1959 Statutes of Nevada, Page 436 (CHAPTER 318, AB 144)κ
respect to any testimony at any hearing or meeting of the board or commission, except any privilege afforded by the constitutions of the United States or this state.
(j) Prescribing the qualifications of, [attorneys, accountants and others,] and the conditions under which [they] , attorneys, accountants and others shall be permitted to practice before the board or commission.
Sec. 24. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The commission shall adopt, or from time to time amend or repeal, any regulations of the Nevada tax commission and the state gaming control board in effect on the effective date of this act. Any such regulations so adopted or amended shall be and remain in effect pending the adoption of revised regulations in accordance with the provisions of this section.
2. The commission shall forthwith commence a study of all regulations adopted pursuant to subsection 1 with a view to their revision. Such revision shall be accomplished in the following manner:
(a) Prior to August 1, 1959, any interested person may file with the commission any written statements, arguments or contentions regarding such existing regulations and propose revisions thereof.
(b) Prior to October 15, 1959, the commission shall prepare an initial draft of such revised regulations as it deems appropriate and shall distribute such drafts to all persons having filed with the commission a written request therefor, and to such other persons as the commission may deem advisable.
(c) Prior to December 1, 1959, all interested persons may file with the commission written statements, arguments or contentions regarding the initial draft. The commission shall schedule a public hearing thereon in Carson City, Nevada, and thereafter may conduct such other hearings as it may deem necessary or appropriate.
(d) After completion of its hearings, the commission shall enter its order adopting the new regulations of the board and commission and repealing existing regulations upon the effective date of the new regulations. The effective date of the new regulations shall not be earlier than 30 days after the date on which the order of adoption is entered.
3. After the adoption of the revised regulations of the commission as set forth in subsection 2, the commission may thereafter, pursuant to NRS 463.150, adopt, amend and repeal regulations in accordance with the following procedures:
(a) At least 30 days prior to the adoption, amendment or repeal of a regulation, notice of the proposed action shall be:
(1) Published in such newspaper as the commission shall prescribe;
(2) Mailed to every person who has filed a request therefor with the commission; and
(3) When the commission deems advisable, mailed to any person whom the commission believes would be interested in the proposed action, and published in such additional form and manner as the commission may prescribe.
κ1959 Statutes of Nevada, Page 437 (CHAPTER 318, AB 144)κ
(b) The notice of proposed adoption, amendment or repeal shall include:
(1) A statement of the time, place and nature of the proceedings for adoption, amendment or repeal;
(2) Reference to the authority under which the action is proposed; and
(3) Either the express terms or an informative summary of the proposed action.
(c) On the date and at the time and place designated in the notice, the commission shall afford any interested person or his duly authorized representative, or both, the opportunity to present statements, arguments, or contentions in writing, with or without opportunity to present the same orally. The commission shall consider all relevant matter presented to it before adopting, amending or repealing any regulation.
(d) Any interested person may file a petition with the commission requesting the adoption, amendment or repeal of a regulation. Such petition shall state, clearly and concisely:
(1) The substance or nature of the regulation, amendment or repeal requested;
(2) The reasons for the request; and
(3) Reference to the authority of the commission to take the action requested.
Upon receipt of the petition, the commission shall within 30 days deny the request in writing or schedule the matter for action pursuant to this subsection.
(e) In emergencies, the commission may summarily adopt, amend or repeal any regulation if at the same time it files a finding that such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare, together with a statement of facts constituting the emergency.
4. In any hearing under this section, the commission or its duly authorized representative shall have authority to administer oaths or affirmations, and may continue or postpose such hearing from time to time and at such place as it prescribes.
5. The commission may request the advice and assistance of the gaming control board and the statute revision commission in carrying out the provisions of this section.
6. The commission or any applicant or licensee may obtain a judicial determination of any question of construction or validity arising under this chapter or any regulation of the commission by bringing an action for a declaratory judgment in the First Judicial District Court of the State of Nevada, in and for the County of Ormsby, or in the district court of the district in which such person resides in accordance with the provisions of chapter 30 of NRS. Any question of construction or validity of this chapter or any regulation of the commission shall be deemed a justiciable controversy for the purposes of chapter 30 of NRS.
Sec. 25. NRS 463.160 is hereby amended to read as follows:
463.160 1. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
κ1959 Statutes of Nevada, Page 438 (CHAPTER 318, AB 144)κ
or employee, whether for hire or not, either solely or in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any game or slot machine as defined in [NRS 463.010 to 463.360, inclusive,] this chapter, or to operate, carry on, conduct or maintain any horse-race book or sports pool; or
(b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or
(c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running, carrying on or permitting the same to be carried on without having first procured, and thereafter maintaining in full force and effect, all federal, state, county and municipal gaming licenses as required by statute or ordinance or by the governing board of any unincorporated city or town.
2. It is unlawful for any person to lend, let or deliver any equipment of any gambling game, including any slot machine, for any interest or any percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license for the same.
3. Any person who shall knowingly permit any gambling game, slot machine or device to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, except by a person who is licensed hereunder, or his employee, shall be guilty of a gross misdemeanor.
Sec. 26. NRS 463.170 is hereby amended to read as follows:
463.170 1. Any person who the [Nevada tax] commission shall determine is a suitable person to receive a license under the provisions of [NRS 463.010 to 463.360, inclusive,] this chapter, having due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada, may be issued a state gaming license. The burden of providing his qualification to receive or hold any license hereunder shall be at all times on the applicant or licensee.
2. No corporation, limited partnership, business trust or organization or other association of a quasi-corporate character shall be eligible to receive or hold any license under [NRS 463.010 to 463.360, inclusive,] this chapter unless all persons having any direct or indirect interest therein of any nature whatsoever, whether financial, administrative, policymaking or supervisory, are individually qualified to be licensed under the provisions of [NRS 463.010 to 463.360, inclusive.] this chapter.
3. The [Nevada tax] commission may, by regulation, limit the number of persons who may be financially interested and the nature of such interest in any corporation or other organization or association licensed under [NRS 463.010 to 463.360, inclusive,] this chapter, and establish such other qualifications for licenses as they may, in their uncontrolled discretion, deem to be in the public interest.
Sec. 27. NRS 463.210 is hereby amended to read as follows:
463.210 1. Within a reasonable time after filing of an application and such supplemental information as the board may require, the board shall commence its investigation of the applicant and shall conduct such [preliminary hearing or hearings] proceedings in accordance with [its rules and] applicable regulations as it may deem necessary.
κ1959 Statutes of Nevada, Page 439 (CHAPTER 318, AB 144)κ
and such supplemental information as the board may require, the board shall commence its investigation of the applicant and shall conduct such [preliminary hearing or hearings] proceedings in accordance with [its rules and] applicable regulations as it may deem necessary. [Thereafter, and upon completion of its investigation and preliminary hearings, the board shall conduct its final hearing on the application.]
2. The board shall make its order, either [approving or denying] recommending approval or denial of an application, not longer than [30] 90 days after [the final hearing on the application and, in any event, not longer than 6 months after] the application and supporting data [is] are completed and filed with the board. In the event denial of an application is [denied,] recommended, the board shall prepare and file with the [Nevada tax] commission its written [findings of fact and conclusions of law] reasons upon which the order is based.
3. The board shall have full and absolute power and authority to [deny] recommend denial of any application [for a certificate of eligibility] for a license for any cause deemed reasonable by the board.
4. [Denial] A recommendation of denial of an application shall be without prejudice to a new and different application if made in conformity to [rules and] regulations [of the board] applicable to such situations.
Sec. 28. NRS 463.220 is hereby amended to read as follows:
463.220 1. After final order approving an application, the board will issue to the applicant or applicants named, under the name or style therein designated, a certificate of eligibility for a state gaming license. The board may limit such certificate or place such conditions thereon as it may, in the public interest, deem necessary. The board may, by unanimous vote, and if satisfied of the necessity of such action, issue a probationary certificate. No certificate of eligibility shall be assigned either in whole or in part.
2. After final order of the state gaming control board [concerning] approving an application, the [Nevada tax] commission may, after considering the recommendation of the board, issue to the applicant or applicants named, under the name or style therein designated, a state gaming license, or deny the same. The [Nevada tax] commission may limit such license or place such conditions thereon as it may deem necessary in the public interest. The [Nevada tax] commission may, if satisfied of the necessity of such action, issue a probationary license. No state gaming license shall be assigned either in whole or in part.
3. After final order of the state gaming control board recommending denial of an application, the commission, after considering the recommendation of the board, may:
(a) Deny the application;
(b) Remand the matter to the board for such further investigation and reconsideration as the commission may order; or
(c) By unanimous vote of the commission, grant the application for a license.
[3.] 4. If the [Nevada tax] commission is not satisfied that an applicant approved by the state gaming control board is qualified to be licensed hereunder, the [Nevada tax] commission may [make] cause to be made such investigation into and conduct such hearings concerning the qualifications of the applicant in accordance with its [rules and] regulations as it may deem necessary.
κ1959 Statutes of Nevada, Page 440 (CHAPTER 318, AB 144)κ
cause to be made such investigation into and conduct such hearings concerning the qualifications of the applicant in accordance with its [rules and] regulations as it may deem necessary.
If the commission desires [to make] further investigation be made or to conduct such hearings, it shall, within 30 days after presentation and filing of a certificate of eligibility, so notify the applicant and set a date for hearing, if a hearing is requested by the applicant. Final action by the commission shall be taken within 120 days after presentation and filing of the certificate of eligibility. Failure of the commission to take affirmative action within such 30-day period shall be deemed to constitute approval of such applicant by the commission, and a license shall be issued forthwith upon compliance by the applicant with the provisions of subsection [5] 6 of this section.
[4.] 5. The [Nevada tax] commission shall have full and absolute power and authority to deny any application for a license for any cause deemed reasonable by such commission. In the event an application is denied, the [Nevada tax] commission shall prepare and file its written [findings of fact and conclusions of law] decision upon which its order denying such application is based.
[5.] 6. If satisfied that an applicant is eligible to receive a state gaming license, and upon tender of all license fees as required by law and regulation of the [Nevada tax] commission and such bond as the [Nevada tax] commission may require for the payment of license fees and the faithful performance of all requirements imposed by law or regulation or the conditions of the license, the [Nevada tax] commission will issue to the applicant or applicants named, under the name or style designated, such license as may be appropriate or as is provided by law.
In any case in which the establishment for which a license is to be issued has not operated for the full period of the preceding calendar quarter, or if for any reason a record of the past full quarter cannot be obtained, a provisional license may be issued for the current quarter on an estimate of the license fees due upon filing of a sufficient bond or undertaking in a penal sum not exceeding [$25,000] $50,000 conditioned on the payment in arrears at the end of the first full calendar quarter of operation of the license fee due on the basis of the gross revenue for such full quarter, and any partial quarter preceding such full quarter.
In any case in which the establishment for which a license is to be issued has been operated for the full period of the preceding calendar quarter, the gross revenue of such establishment during such preceding full calendar quarter may be used in determining the license fees due hereunder.
Sec. 29. NRS 463.230 is hereby amended to read as follows:
463.230 1. Any person to whom a state license has been issued as hereinabove provided may, upon proper application to the sheriff of the county wherein it is proposed that such gaming operation shall be conducted, be issued a license for each particular device or game or slot machine, upon compliance with such conditions and regulations as may be imposed by the county, and on payment to the sheriff of license fees as required by law or ordinance.
κ1959 Statutes of Nevada, Page 441 (CHAPTER 318, AB 144)κ
2. Licenses shall be prepared by the county auditor and shall be issued and accounted for as is by law provided in respect to other county licenses. Every license issued to any person by the sheriff under [NRS 463.010 to 463.360, inclusive,] this chapter shall contain the name of the licensee and a particular description of the room and premises in which the licensee intends to carry on, conduct or operate any slot machine, game or device, and shall specify the particular type of slot machine, or the particular game or the particular device by name. Any such license shall not be transferable by the licensee to any other person, and shall be valid only for the particular room and premises described therein and the specific slot machine, game or device for which it is issued; but nothing herein shall be deemed to forbid the issuance of a single license certificate evidencing that two or more slot machines are licensed for the same premises and location, giving the serial number and denomination of each such machine.
Sec. 30. NRS 463.250 is hereby amended to read as follows:
463.250 Nothing contained in [NRS 463.010 to 463.360, inclusive,] this chapter shall be deemed to affect the powers conferred by the provisions of the charter or organic law of any county or incorporated city in the State of Nevada to fix, impose and collect a license tax, and in all such counties or incorporated cities having such powers the sheriff shall not issue any such license for the operation of any such slot machine, game or device within the boundaries of such county or incorporated city until the applicant shall have first exhibited to him a valid and subsisting license obtained from such county or incorporated city, located within his county, permitting the operation of such slot machine, game or device at the location applied for within the boundaries of such county or incorporated city.
Sec. 31. NRS 463.260 is hereby amended to read as follows:
463.260 1. All licenses issued under the provisions of [NRS 463.010 to 463.360, inclusive,] this chapter shall be posted by the licensee and kept posted at all times in a conspicuous place in the establishment for which issued until replaced by a succeeding license.
2. All such licenses may be inspected by authorized state, county, city and town officials, who shall report, in writing, to the board, the [Nevada tax] commission and the sheriff of the county wherein such games and slot machines are located any and all games and slot machines found to be operating without a valid license.
Sec. 32. NRS 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the [Nevada tax] commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the [Nevada tax] commission for the next succeeding calendar quarter upon proper application for renewal and payment of state license fees as required by law and the [rules and] regulations of the [Nevada tax] commission.
2. All state gaming licenses shall become subject to renewal on the 1st day of each January and the 1st day of each calendar quarter thereafter.
3. Application for renewal shall be filed with the [Nevada tax] commission and all state license fees required by law shall be paid to the [Nevada tax] commission on or before the 25th day of January of each year and on or before the 25th day of the first month of each calendar quarter thereafter.
κ1959 Statutes of Nevada, Page 442 (CHAPTER 318, AB 144)κ
of each year and on or before the 25th day of the first month of each calendar quarter thereafter.
4. Any person failing to pay any state license fees due at the times hereinabove provided shall pay in addition to such license fees a penalty of not less than $10 or 10 percent of the gross amount due, whichever is the greater, but in no case in excess of $500, which penalty shall be collected as are other charges, licenses and penalties under [NRS 463.010 to 463.360, inclusive.] this chapter.
5. Upon renewal of any state license, the [Nevada tax] commission shall issue an appropriate renewal certificate or validating device or sticker, which shall be attached to each state gaming license so renewed.
6. Any person who shall operate, carry on, conduct or expose for play any gambling game, gaming device or slot machine after his license shall have become subject to renewal, and shall thereafter fail to apply for renewal as herein provided, shall be guilty of a misdemeanor; and, in addition to the penalties provided by law, shall be liable to the State of Nevada for all license fees and penalties which would have been due and payable upon application for renewal as herein provided.
Sec. 33. NRS 463.280 is hereby amended to read as follows:
463.280 Subject to the power of the [Nevada tax] commission to deny, revoke or suspend, condition or limit licenses, any county license in force on the expiration date thereof may be replaced by a new license issued by the sheriff upon proper application and payment of county license fees as required by law, ordinance or regulation.
Sec. 34. NRS 463.290 is hereby amended to read as follows:
463.290 Every licensee shall at all times maintain on file with the [Nevada tax] commission a current report, verified by the affidavit of the person or an officer of a corporation and every stockholder thereof, to whom the license is issued, which shall set forth such information as may be required by the [rules and] regulations of [the board and] the commission.
Sec. 35. NRS 463.300 is hereby amended to read as follows:
463.300 It is unlawful for any person to sell, purchase, lease, hypothecate, borrow or loan money, or create a voting trust agreement or any other agreement of any sort to or with any licensee in connection with any gaming operation licensed under [NRS 463.010 to 463.360, inclusive,] this chapter or with respect to any portion of such gaming operation, except in accordance with the [rules and] regulations of the [Nevada tax] commission.
Sec. 36. NRS 463.310 is hereby amended to read as follows:
463.310 1. The board shall investigate any apparent [violation of NRS 463.010 to 463.360, inclusive,] violations of this chapter or chapter 464 or [its rules or] any regulations adopted thereunder which [comes] come to its attention and [may] when disciplinary or other action is to be taken against a licensee, shall conduct such investigative hearings with respect thereto as [it] may [deem] be necessary. The commission may direct the board to investigate any apparent [violation] violations of [NRS 463.010 to 463.360, inclusive,] this chapter or chapter 464 or any [rules or] regulations which [comes] come to its attention.
κ1959 Statutes of Nevada, Page 443 (CHAPTER 318, AB 144)κ
2. If, after such investigation [and hearing as it deems necessary,] the board is satisfied that a license should be [suspended, revoked or] limited, conditioned, suspended or revoked, it shall [so recommend in writing to the commission] initiate a hearing before the commission by filing a complaint with the commission in accordance with section 37 of this act and transmit therewith [its findings of fact and conclusions of law, all] a summary of evidence in its possession bearing on the matter [,] and [any] the transcript of testimony at any investigative hearing conducted by or on behalf of the board.
3. Upon receipt of the [recommendations] complaint of the board, the [Nevada tax] commission shall review the same and all matter presented in support thereof, and [may] , if satisfied that probable grounds exist for disciplinary or other action, shall conduct [such] further [investigations or hearings as it may deem necessary or appropriate in the circumstances.] proceedings in accordance with section 37 of this act. If the commission is not satisfied that probable grounds exist for disciplinary or other action, it may order the complaint withdrawn without prejudice to the filing of another complaint after further investigation and reconsideration by the board.
4. [The] After the provisions of subsections 1, 2 and 3 above have been complied with, the [Nevada tax] commission shall have full and absolute power and authority to limit, condition, revoke or suspend any license for any cause deemed reasonable by the commission. [, after it has availed itself of the provisions of subsections 1 and 2 above.]
5. In the event the commission shall limit, condition, suspend or revoke any license, it shall issue its written order therefor [and cause] after causing to be prepared and filed its [findings of fact and conclusions of law] written decision upon which such order [of suspension or revocation] is based.
6. Any such limitation, condition, revocation or suspension so made shall be and remain effective until reversed or modified [by a court of competent jurisdiction] upon judicial review [.] , except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.
7. [Upon review, all findings of fact made by the commission shall be conclusive if supported by any evidence.] Judicial review of any such order or decision of the commission may be had in accordance with section 38 of this act.
Sec. 37. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The complaint referred to in NRS 463.310 and NRS 464.080 shall be a written statement of charges which shall set forth in ordinary and concise language the acts or omissions with which the respondent is charged. It shall specify the statutes and regulations which the respondent is alleged to have violated, but shall not consist merely of charges raised in the language of the statutes or regulations.
2. Upon the filing of the complaint, the commission shall serve a copy of the complaint upon the respondent either personally, or by registered mail at his address on file with the commission.
3. The commission shall include with the copy of the complaint served upon respondent three copies of a form entitled Notice of Defense which, when completed and signed by or on behalf of the respondent and returned to the commission, will acknowledge service of the complaint and constitute a Notice of Defense under subsection 5 hereof.
κ1959 Statutes of Nevada, Page 444 (CHAPTER 318, AB 144)κ
Defense which, when completed and signed by or on behalf of the respondent and returned to the commission, will acknowledge service of the complaint and constitute a Notice of Defense under subsection 5 hereof.
4. The notice of defense shall read substantially as follows:
NOTICE OF DEFENSE
INSTRUCTIONS TO RESPONDENT: Two copies of this form should be filed with the Nevada gaming commission, Carson City, Nevada, within 15 days after service upon you of the enclosed complaint. The form must be signed by you or on your behalf. You will note that blanks are provided for any information you wish to supply.
Yes No
1. Do you request a hearing?................................................... □ □
2. Do you admit the facts stated in the complaint?.............. □ □
If you admit some of the facts stated in the complaint, but deny others, please specify:
(space for answer)
3. Are there any defenses or explanations which you believe the commission should consider?......................................... □ □
If so, please specify:
(space for answer)
4. Do you wish to state any legal objections to the complaint? □ □
If so, please specify:
(space for answer)
NOTE: If you fail to file two copies of this form as specified, the commission may proceed upon the complaint without a hearing.
5. Within 15 days after service upon him of the complaint, the respondent may file with the commission a notice of defense in which he may:
(a) Request a hearing;
(b) Admit the accusation in whole or in part;
(c) Present new matter or explanations by way of defense; and
(d) State any legal objections to the complaint.
Within the time specified respondent may file one or more notices of defense upon any or all of the above grounds, but all such notices shall be filed within the period specified above unless the commission, in its discretion, authorizes the filing of a later notice.
6. The respondent shall be entitled to a hearing on the merits if he files a notice of defense within the time allowed by subsection 5, and any such notice shall be deemed a specific denial of all parts of the complaint not expressly admitted. Failure to file a notice of defense within the time allowed by subsection 5 shall constitute a waiver of respondents right to a hearing and to judicial review of any decision or order of the commission, but the commission, in its discretion, may nevertheless order a hearing. All affirmative defenses must be specifically stated and unless objection is taken as provided in subparagraph (d) of subsection 5, all objections to the form of the complaint shall be deemed waived.
κ1959 Statutes of Nevada, Page 445 (CHAPTER 318, AB 144)κ
7. The commission shall determine the time and place of the hearing as soon as is reasonably practical after receiving the respondents notice of defense. The commission shall deliver or send by registered mail a notice of hearing to all parties at least 10 days prior to the hearing. Unless respondent consents, the hearing shall not be prior to the expiration of the time within which the respondent is entitled to file a notice of defense.
8. The notice of hearing shall be substantially in the following form, but may include other information:
YOU ARE HEREBY NOTIFIED that a hearing will be held before the Nevada gaming commission at (here insert place of hearing) on the .......... day of ...................., 19....., at the hour of ..............., upon the charges made in the complaint served upon you. You may be present at the hearing and may be, but need not be, represented by counsel. You may present any relevant evidence, and you will be given full opportunity to cross-examine all witnesses testifying against you. You are entitled to the issuance of subpenas to compel the attendance of witnesses and the production of books, documents, or other things by applying to the Nevada gaming commission.
9. Notwithstanding any other provisions of this section, the commission may issue an emergency order for suspension, limitation or conditioning of a license in the following manner:
(a) An emergency order for the suspension, limitation or conditioning of a license shall be issued only when the commission believes that:
(1) There has been a violation of NRS 463.340;
(2) Such action is necessary to prevent a violation of NRS 463.340; or
(3) Such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare.
(b) The emergency order shall set forth the grounds upon which it is issued, including a statement of facts constituting the alleged emergency necessitating such action.
(c) An emergency order may be issued only with the approval of and upon signature by not less than three members of the commission.
(d) The emergency order shall be effective immediately upon issuance and service upon the licensee and shall operate as an immediate suspension, limitation or conditioning of the license. Such suspension, limitation or condition shall remain effective until further order of the commission or final disposition of the case.
(e) Within 5 days after issuance of an emergency order, the commission shall cause a complaint to be filed and served upon the licensee in accordance with the provisions of subsections 1 to 4, inclusive, of this section.
(f) Thereafter, the licensee shall be entitled to a hearing before the commission in accordance with this section, and to judicial review of the decision and order of the commission thereon in accordance with section 38 of this act.
10. Prior to a hearing before the commission, and during a hearing upon reasonable cause shown, the commission shall issue subpenas and subpenas duces tecum at the request of a party. All witnesses appearing pursuant to subpena, other than parties, officers or employees of the State of Nevada or any political subdivision thereof, shall receive fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts.
κ1959 Statutes of Nevada, Page 446 (CHAPTER 318, AB 144)κ
the State of Nevada or any political subdivision thereof, shall receive fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day, shall be entitled, in addition to witness fees and in lieu of mileage, to the per diem compensation for subsistence and transportation authorized by NRS 281.170 for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees, subsistence and transportation expenses shall be paid by the party at whose request the witness is subpenaed. The commission may, in its discretion, award as costs the amount of all such expenses to the prevailing party.
11. The testimony of any material witness residing within or without the State of Nevada may be taken by deposition in the manner provided by the Nevada Rules of Civil Procedure.
12. Affidavits may be received in evidence at any hearing of the commission in accordance with the following:
(a) The party wishing to use such affidavit shall, not less than 10 days prior to the day set for hearing, serve upon the opposing party or counsel, either personally or by registered mail, a copy of the affidavit which he proposes to introduce in evidence together with a notice as provided in paragraph (c).
(b) Unless the opposing party, within 7 days after such service, mails or delivers to the proponent a request to cross-examine affiant his right to cross-examine such affiant is waived and the affidavit, if introduced in evidence, shall be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance herewith, the affidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence.
(c) The notice referred to in paragraph (a) shall be substantially in the following form:
The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the ..................... day of ..............., 19......, (here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify the undersigned that you wish to cross-examine him. To be effective your request must be mailed or delivered to the undersigned on or before 7 days from the date this notice and the enclosed affidavit are served upon you.
.........................................................................
(Party or Counsel)
.........................................................................
(Address)
13. The following procedures shall apply at all hearings of the commission other than investigative hearings:
(a) At least three members of the commission shall be present at every hearing, and they shall exercise all powers relating to the conduct of the hearing and shall enforce all decisions with respect thereto.
κ1959 Statutes of Nevada, Page 447 (CHAPTER 318, AB 144)κ
(b) The proceedings at the hearing shall be reported either stenographically or by a phonographic reporter.
(c) Oral evidence shall be taken only upon oath or affirmation administered by the commission.
(d) Every party to a hearing shall have the right:
(1) To call and examine witnesses;
(2) To introduce exhibits relevant to the issues of the case, including the transcript of testimony at any investigative hearing conducted by or on behalf of the board or the commission;
(3) To cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered in a direct examination;
(4) To impeach any witness regardless of which party first called him to testify; and
(5) To offer rebuttal evidence.
(e) If the respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.
(f) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and shall be sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.
(g) The parties or their counsel may by written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection.
14. The commission may take official notice of any generally accepted information or technical or scientific matter within the field of gaming, and of any other fact which may be judicially noticed by the courts of this state. The parties shall be informed of any information, matters or facts so noticed, and shall be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the commission.
15. The commission may, in its discretion before submission of the case for decision, permit the filing of amended or supplemental pleadings and shall notify all parties thereof, and provide a reasonable opportunity for objections thereto.
16. If any person in proceedings before the commission disobeys or resists any lawful order or refuses to respond to a subpena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during the hearing or so near the place thereof as to obstruct the proceeding, the commission may certify the facts to the district court in and for the county where the proceedings are held. The court shall thereupon issue an order directing the person to appear before the court and show cause why he should not be punished as for contempt. The court order and a copy of the statement of the commission shall be served on the person cited to appear. Thereafter the court shall have jurisdiction of the matter;
κ1959 Statutes of Nevada, Page 448 (CHAPTER 318, AB 144)κ
and the same proceedings shall be had, the same penalties may be imposed and the person charged may purge himself of the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action before a district court.
17. Failure of a respondent to file a notice of defense or to request or appear at the hearing shall constitute an admission of all matters and facts contained in the complaint filed with respect to such respondent. In such cases the commission may take action based upon such admission or upon any other evidence, including affidavits, and without any further notices whatever to respondent. In such cases the commission shall prepare and file a record containing the evidence upon which its action was based.
18. After the hearing of a contested matter, the commission shall render a written decision on the merits which shall contain findings of fact, a determination of the issues presented and the penalty to be imposed, if any; and shall thereafter make and enter its written order in conformity to such decision. No member of the commission who did not hear the evidence shall vote on the decision. The affirmative votes of a majority of the whole commission shall be required to impose any penalty. Copies of the decision and order shall be served on the parties personally or sent to them by registered mail. The decision shall become and remain effective upon such service, unless the commission shall otherwise order.
19. The commission may, upon motion therefor made within 10 days after service of a decision and order, order a rehearing before the commission upon such terms and conditions as it may deem just and proper if a petition for judicial review of the decision and order has not been filed. Such motion shall not be granted except upon a showing that there is additional evidence which is material and necessary and reasonably calculated to change the decision of the commission, and that sufficient reason existed for failure to present such evidence at the hearing of the commission. The motion shall be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced at the hearing. Upon rehearing, rebuttal evidence to the additional evidence shall be permitted. After rehearing, the commission may modify its decision and order as the additional evidence may warrant.
Sec. 38. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person aggrieved by a final decision or order of the commission made after hearing or rehearing by the commission pursuant to section 37 of this act, and whether or not a petition for rehearing was filed, may obtain a judicial review thereof in the district court of the county in which the petitioner resides or has his or its principal place of business.
2. The judicial review shall be instituted by filing a petition within 20 days after the effective date of the final decision or order. A petition may not be filed while a petition for rehearing or a rehearing is pending before the commission. The petition shall set forth the order or decision appealed from and the grounds or reasons who petitioner contends a reversal or modification should be ordered.
κ1959 Statutes of Nevada, Page 449 (CHAPTER 318, AB 144)κ
3. Copies of the petition shall be served upon the commission and all other parties of record, or their counsel of record, either personally or by registered mail.
4. The court, in its discretion, upon a proper showing, may permit other interested persons to intervene as parties to the appeal or as friends of the court.
5. The filing of the petition shall not stay enforcement of the decision or order of the commission, but the commission itself may grant a stay upon such terms and conditions as it deems proper.
6. Upon written request of petitioner and upon payment of such reasonable costs and fees as the commission may prescribe, the complete record on review, or such parts thereof as are designated by the petitioner, shall be prepared by the commission.
7. The complete record on review shall include copies of:
(a) All pleadings in the case;
(b) All notices and interim orders issued by the commission in connection with the case;
(c) All stipulations;
(d) The decision and order appealed from;
(e) A transcript of all testimony, evidence and proceedings at the hearing;
(f) The exhibits admitted or rejected; and
(g) Any other papers in the case.
The original of any document may be used in lieu of a copy thereof. The record on review may be shortened by stipulation of all parties to the review proceedings.
8. The record on review shall be filed with the reviewing court within 30 days after service of the petition for review, but the court may allow the commission additional time to prepare and transmit the record on review.
9. The reviewing court may, upon motion therefor, order that additional evidence in the case be taken by the commission upon such terms and conditions as the court may deem just and proper. Such motion shall not be granted except upon a showing that the additional evidence is material and necessary and that sufficient reason existed for failure to present such evidence at the hearing of the commission. The motion shall be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced in the administrative hearing. Rebuttal evidence to the additional evidence shall be permitted. In cases in which additional evidence is presented to the commission, the commission may modify its decisions and orders as the additional evidence may warrant and shall file with the reviewing court a transcript of the additional evidence together with any modifications of the decision and order, all of which shall become a part of the record on review.
10. The review shall be conducted by the court sitting without a jury, and shall not be a trial de novo but shall be confined to the record on review.
11. The reviewing court may affirm the decision and order of the commission, or it may remand the case for further proceedings or reverse the decision if the substantial rights of the petitioner have been prejudiced because the decision is:
κ1959 Statutes of Nevada, Page 450 (CHAPTER 318, AB 144)κ
reverse the decision if the substantial rights of the petitioner have been prejudiced because the decision is:
(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of the commission; or
(c) Made upon unlawful procedure; or
(d) Unsupported by any evidence; or
(e) Arbitrary or capricious or otherwise not in accordance with law.
12. Any party aggrieved by the final decision in the district court after a review of the commission decision and order may appeal to the supreme court in the manner and within the time provided by law for appeals in civil cases. The supreme court shall follow the same procedure thereafter as in appeals in civil actions, and may affirm, reverse or modify the decision as the record and law shall warrant.
13. The judicial review by the district and supreme courts afforded in this chapter shall be the exclusive method of review of commission actions, decisions and orders, and shall preclude the use of any of the extraordinary common law writs or other equitable proceedings.
Sec. 39. NRS 463.320 is hereby amended to read as follows:
463.320 1. All gaming license fees imposed by the provisions of NRS 463.370 to 463.390, inclusive, and all acts amendatory thereof or supplemental thereto shall be collected and disposed of as herein provided.
2. All state gaming license fees and penalties shall be collected by the [Nevada tax] commission and paid over immediately to the state treasurer to be disposed of as follows:
(a) All state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 shall be deposited for credit to the general fund.
(b) All state gaming license fees imposed by the provisions of NRS 463.380 collected after April 2, 1957, shall, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers for deposit in the general funds of the counties. If any future action of the legislature results in an increase in the state gaming license fees provided for in NRS 463.380, then the provisions of this paragraph shall become inoperative and all such state gaming license fees shall be disposed of as provided in paragraph (a).
3. (a) County license fees shall be collected by the sheriff, and no license money paid to the sheriff shall be refunded, whether the slot machine, game or device for which such license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason.
(b) The sheriff in his county shall demand that all persons required to procure county licenses in accordance with [NRS 463.010 to 463.360, inclusive,] this chapter take out and pay for the same, and he shall be held liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence.
(c) On the 1st Monday of each month the sheriff shall pay over to the county treasurer all moneys received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is by law provided in respect to other county licenses.
κ1959 Statutes of Nevada, Page 451 (CHAPTER 318, AB 144)κ
on the same day return to the county auditor all licenses not issued or disposed of by him as is by law provided in respect to other county licenses.
(d) All moneys received for county gaming licenses under [NRS 463.010 to 463.360, inclusive,] this chapter shall be paid: 25 percent to the state treasurer for credit to the general fund of the state, and 75 percent shall be retained by the county treasurer for credit to the county general fund, except:
(1) Where the license is collected within the boundaries of any incorporated city or town, the county shall retain 25 percent of such remaining moneys, and the incorporated city or town shall receive 50 percent of such remaining moneys, which shall be paid into the general fund of such incorporated city or town.
(2) Where the license is collected within the boundaries of any unincorporated city or town that is under the control of the board of county commissioners under and by virtue of chapter 269 of NRS, the county shall retain 25 percent of such moneys, and 50 percent of such moneys so collected shall be placed in the town government fund for general use and benefit of such unincorporated city or town.
Sec. 40. NRS 463.330 is hereby amended to read as follows:
463.330 1. Costs of administration of [NRS 463.010 to 463.360, inclusive,] this chapter incurred by the [Nevada tax] commission and the gaming control board shall be paid from the general fund on claims presented by the [Nevada tax] commission and approved and paid as other claims against the state are paid; but the total amount of such claims shall not exceed 10 percent of the total amount of money collected pursuant to [NRS 463.010 to 463.360, inclusive.] this chapter.
2. In order to facilitate the confidential investigation of violations of [NRS 463.010 to 463.360, inclusive,] this chapter and the [rules and] regulations [promulgated] adopted by the [state gaming control board and the Nevada tax] commission pursuant hereto, there is hereby created the state gaming control board revolving fund. Upon the written request of the chairman of the board, the state controller is directed to draw his warrant in favor of the chairman in the amount of $3,000, and upon presentation of the same to the state treasurer, the treasurer shall pay the same. When the warrant is paid, the chairman shall deposit the $3,000 in a bank of reputable standing, which bank shall secure the deposit with a depository bond satisfactory to the state board of examiners. Before the chairman of the board shall receive such $3,000 from the state treasurer, he shall furnish a bond to the State of Nevada in the penal sum of $6,000, conditioned upon the faithful performance of his duties hereunder.
3. The chairman of the board is authorized to use the revolving fund to pay the reasonable expenses of agents and employees of the board engaged in confidential investigations concerting the enforcement of [NRS 463.010 to 463.360, inclusive,] this chapter, including the prepayment of expenses where necessary, whether such expenses be incurred for investigation of known or suspected violations hereof. In allowing such expenses the chairman shall not be limited or bound by the provisions of NRS 281.170 or any act amendatory thereof or supplemental thereto.
κ1959 Statutes of Nevada, Page 452 (CHAPTER 318, AB 144)κ
4. After the expenditure of money from the revolving fund, the chairman of the board shall present a claim to the state board of examiners for the amount of the expenditure to be replaced in the revolving fund. The claim shall be audited, allowed and paid as are other claims against the state, but such claim shall not detail the investigation made as to the agent or employee making the same or the person or persons investigated. If the state board of examiners is not satisfied with the claim, the members thereof may orally examine the chairman concerning the same.
5. In no event shall the expenditures authorized by [NRS 463.010 to 463.330, inclusive,] this chapter be deemed to be an exception to the limitation on expenditures hereinabove provided, but the expenditures herein authorized shall be deemed administrative expenses of [NRS 463.010 to 463.330, inclusive.] this chapter. Expenditures hereunder shall not exceed $15,000 in any 1 calendar year.
Sec. 41. NRS 463.360 is hereby amended to read as follows:
463.360 1. Conviction by a court of competent jurisdiction of the violation of any of the provisions of [NRS 463.010 to 463.360, inclusive,] this chapter may act as an immediate revocation of any and all licenses which may have been issued to the violator, and, in addition, the court may, upon application of the district attorney of the county or of the [Nevada tax] commission, order that no new or additional license under [NRS 463.010 to 463.360, inclusive,] this chapter be issued to such violator, or be issued to any person for the room or premises in which such violation occurred, for a period of 1 year from the date of such revocation.
2. The violation of any of the provisions of [NRS 463.010 to 463.360, inclusive,] this chapter, the penalty for which is not herein specifically fixed, shall be deemed a gross misdemeanor, and shall be punished by a fine of not less than $1,000, or by imprisonment in the county jail for not less than 6 months, or by both fine and imprisonment.
Sec. 42. NRS 463.370 is hereby amended to read as follows:
463.370 1. Before issuing a state gambling license, the [Nevada tax] commission shall charge and collect from each applicant a license fee based upon all the gross revenue of such applicant as follows:
Three percent of all the gross revenue of such applicant which does not exceed $150,000 per quarter year; and also
Four percent of all the gross revenue of each applicant which exceeds $150,000 per quarter year and does not exceed $400,000 per quarter year; and also
Five percent of all the gross revenue of such applicant which exceeds $400,000 per quarter year and does not exceed $1,000,000 per quarter year; and also
Five and one-half percent of all the gross revenue of such applicant which exceeds $1,000,000 per quarter year.
2. No state gambling license shall be issued to any applicant, except a provisional license as provided in this chapter, until the license fee has been paid in full.
3. Any person failing to pay the license fees provided for in this section on or before the 25th day of the month shall pay in addition to such license fee a penalty of not less than $10 or 10 percent of the gross amount due, whichever is the greater, but in no case in excess of $500, which penalty shall be collected as other charges, licenses and penalties under this chapter.
κ1959 Statutes of Nevada, Page 453 (CHAPTER 318, AB 144)κ
to such license fee a penalty of not less than $10 or 10 percent of the gross amount due, whichever is the greater, but in no case in excess of $500, which penalty shall be collected as other charges, licenses and penalties under this chapter.
Sec. 43. NRS 463.380 is hereby amended to read as follows:
463.380 1. In addition to the state gambling license fees provided for in NRS 463.370, the [Nevada tax] commission shall, prior to the 10th day of January of every year, before issuing a state gambling license, charge and collect in advance from each applicant a license fee to be determined on the following basis:
Those establishments operating or to operate one game, the sum of $100.
Those establishments operating or to operate two games, the sum of $200.
Those establishments operating or to operate three games, the sum of $400.
Those establishments operating or to operate four games, the sum of $750.
Those establishments operating or to operate five games, the sum of $1,750.
Those establishments operating or to operate six or seven games, the sum of $3,000.
Those establishments operating or to operate eight to ten games, inclusive, the sum of $6,000.
Those establishments operating or to operate eleven to sixteen games, the sum of $1,000 for each game so operating or to operate.
Those establishments operating or to operate more than sixteen games, the sum of $1,000 for each game to and including sixteen games and the sum of $200 for each game in excess of sixteen games so operating or to operate.
2. In computing the number of games operated or to be operated by an applicant under this section, a license authorizing the receiving of bets or wagers on horse races held without the State of Nevada, as authorized and provided for under NRS 465.010, shall be construed as and deemed a game within the meaning of this section.
3. All licenses shall be issued for the calendar year beginning January 1 and expiring December 31 and, regardless of the date of application or date of issuance of the license, the fees to be charged and collected under the provisions of this section shall be those fees herein fixed as annual license fees. If any licensee desires to enlarge his operations during the calendar year, he shall, after his application is approved, be charged the full annual fees for the number of games for which he desires a license under this section, and shall be entitled to credit thereon for the annual fee he may have previously paid under this section for the same calendar year for a lesser number of games.
4. Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines, when not utilized as an adjunct to or a unit of any banking, percentage or mechanical device or machine, shall not be construed as a gambling game under the provisions of this section.
5. All games operated or conducted in one room or a group of rooms in the same or contiguous building shall be construed as one operation hereunder and the license to be paid shall be determined on the aggregate number of games in each room or group of rooms in the same or contiguous building.
κ1959 Statutes of Nevada, Page 454 (CHAPTER 318, AB 144)κ
rooms in the same or contiguous building shall be construed as one operation hereunder and the license to be paid shall be determined on the aggregate number of games in each room or group of rooms in the same or contiguous building.
6. The license fees to be paid hereunder shall be designated as annual fees, regardless of the date of application or issuance of license.
Sec. 44. NRS 463.390 is hereby amended to read as follows:
463.390 1. Any person, firm, association or corporation desiring to conduct, operate or carry on any gambling game, slot machine or any game of chance enumerated or provided for in NRS 463.020 shall, upon proper application to the sheriff of the county wherein it is proposed that such slot machine, game or games shall be conducted or operated, be issued a license for each particular device or game or slot machine under the following conditions and regulations:
(a) The person, firm, association or corporation so applying for a license shall furnish a complete description of the particular room and premises in which the licensee desires to carry on or conduct such slot machine, device or game, together with the location of the building, its street number, if such there be, and any other information by which it may be definitely and readily located and recognized.
(b) The person, firm, association or corporation so applying for a license shall state definitely the particular type of slot machine or the particular game or device which the licensee desires to carry on or conduct in the room and premises, and as so stated the same shall be specifically described in and entered upon the license.
(c) Card games, that is, stud and draw poker, bridge, whist, solo, and panguingui for money, shall be licensed independently of other games mentioned in this section, regardless of locality or population, at the rate of $25 per table per month, payable 3 months in advance.
(d) A license fee of $50 per month, payable for 3 months in advance, shall be paid to the sheriff for each game or device license issued except those games as otherwise provided for herein and except slot machines. For each money slot machine the license fee shall be $10 per month, payable for 3 months in advance. When a combination of units are operated by one handle the license fee shall be the sum of $10 per month, payable for 3 months in advance, for each and every unit paying in identical denominations operated thereby.
(e) The license shall entitle the holder or holders, or his or their employee or employees, to carry on, conduct and operate the specific slot machine, game or device for which the license is issued in the particular room and premises described therein, but not for any other slot machine, game or device than that specified therein, or the specified slot machine, game or device in any other place than the room and premises so described, for a period of 3 months next succeeding the date of issuance of the license.
2. The licensee shall be entitled to carry on, conduct and operate two or more slot machines, games or devices mentioned in NRS 463.020, in the same room, by paying the license fee herein provided for, for each slot machine, game or device and otherwise complying with the terms of this section.
3. The sheriff of any county shall not issue the licenses provided for in this section unless the applicant for such licenses shall first have obtained from the [Nevada tax] commission the licenses provided for in NRS 463.380.
κ1959 Statutes of Nevada, Page 455 (CHAPTER 318, AB 144)κ
for in this section unless the applicant for such licenses shall first have obtained from the [Nevada tax] commission the licenses provided for in NRS 463.380.
Sec. 45. NRS 463.440 is hereby amended to read as follows:
463.440 1. In accordance with reasonable [rules and] regulations to be [made and promulgated] adopted, amended or repealed by the [Nevada tax] commission, the [Nevada tax] commission shall have the power and jurisdiction:
(a) To regulate and control the business of supplying and disseminating information by such means concerning horse racing.
(b) To issue licenses to such disseminators.
(c) To suspend or revoke such licenses.
2. The [Nevada tax] commission is empowered to [make] adopt, amend and repeal such [rules and] regulations as may be necessary for the orderly administration of NRS 463.430 to 463.480, inclusive, and for the protection of the public and in the public interest.
Sec. 46. NRS 463.450 is hereby amended to read as follows:
463.450 1. Any disseminator of such information obtaining a license under NRS 463.430 to 463.480, inclusive, shall pay to the [Nevada tax] commission the sum of $10 per day for each and every day for each and every horse-race book to which such supplier or disseminator shall furnish such information in this state.
2. The [Nevada tax] commission shall cause all moneys so paid to it to be deposited in the general fund of the state.
Sec. 47. NRS 463.470 is hereby amended to read as follows:
463.470 1. The [Nevada tax] commission shall have the power and jurisdiction to fix, regulate and control the rates to be charged by any disseminator of such information, but such rates shall be just and reasonable.
2. It shall be unlawful for any disseminator of such information to increase directly or indirectly the rate charged by such disseminator to any user of such information in excess of the rate charged by it to such users as of March 1, 1948, without first applying to the [Nevada tax] commission for permission to increase such rate.
3. In no event shall the [Nevada tax] commission allow any rate increase for the purpose of including in such rate charged to the user of such information the license fee required to be paid by such disseminator.
4. In the event of any such application to increase the rate to be charged, the [Nevada tax] commission shall give notice thereof to the user or users of such information concerned and to all persons interested and shall consider the application at a public hearing.
5. If the rate or rates charged by the disseminator are found by the [Nevada tax] commission to be unjust or unreasonable, the [Nevada tax] commission is empowered to reduce the same to a reasonable and just rate. Any user of such information may apply to the [Nevada tax] commission for a reduction in the rate charged to such user, and the [Nevada tax] commission likewise may consider such application at a public hearing after notice thereof to the disseminator and to all persons interested.
Sec. 48. NRS 464.020 is hereby amended to read as follows:
κ1959 Statutes of Nevada, Page 456 (CHAPTER 318, AB 144)κ
464.020 1. The Nevada [tax] gaming commission shall be charged with the administration of this chapter for the protection of the public and in the public interest.
2. The Nevada [tax] gaming commission is empowered to [make rules and] adopt, amend and repeal regulations governing, permitting and regulating the pari-mutuel method of wagering, which shall be conducted only by the licensee and only within the enclosure and only on the dates determined and set by the Nevada [tax] gaming commission.
3. The [rules and] regulations of the Nevada [tax] gaming commission may include, without limitation thereof, the following:
(a) Requiring fingerprinting of an applicant or licensee, or other method of identification.
(b) Requiring information concerning an applicants antecedents, habits and character.
(c) Prescribing the method and form of application which any applicant for a license under this chapter shall follow and complete prior to consideration of his application by the Nevada [tax] gaming commission.
4. The Nevada [tax] gaming commission shall, and it is granted the power, to demand access to and inspect all books and records of any person licensed under this chapter pertaining to and affecting the subject of the license.
Sec. 49. NRS 464.030 is hereby amended to read as follows:
464.030 1. Except as provided in subsection 2, the Nevada [tax] gaming commission shall, before issuing a pari-mutuel wagering license under this chapter, charge and collect in advance from each applicant a license fee of $50 per day.
2. The license fee provided for in subsection 1 shall not be charged for horse racing if the applicant has filed with the Nevada [tax] gaming commission a certificate executed by the Nevada racing commission certifying that the applicant is duly licensed by the Nevada racing commission and has paid the license fees required by the provisions of [NRS chapter 466.] chapter 466 of NRS.
Sec. 50. NRS 464.040 is hereby amended to read as follows:
464.040 1. The commission deducted by any licensee from pari-mutuels shall not exceed 13 percent of the gross amount of money handled in each pari-mutuel pool operated by him during the period of the license.
2. The licensee shall pay to the Nevada [tax] gaming commission for the use of the State of Nevada a tax at the rate of 2 percent on the total amount of money wagered on any racing or sporting event.
3. The amount deducted by the licensee for payment to the Nevada [tax] gaming commission shall be in addition to the license fee required by this chapter.
4. The licensee may deduct odd cents less than 10 cents per dollar in paying bets.
5. The amount paid to the Nevada [tax] gaming commission shall be, after deducting costs of administration which shall not exceed 5 percent of the amount collected, paid over by the Nevada [tax] gaming commission to the state treasury for deposit as follows:
κ1959 Statutes of Nevada, Page 457 (CHAPTER 318, AB 144)κ
(a) Seven-eighths thereof in the general fund.
(b) One-eighth thereof in the Nevada racing commission fund.
Sec. 51. NRS 464.060 is hereby amended to read as follows:
464.060 All other forms of wagering or betting on the results of any of the races or events licensed under this chapter outside the enclosure where such races or events are licensed by the Nevada [tax] gaming commission are illegal.
Sec. 52. NRS 464.080 is hereby amended to read as follows:
464.080 1. All licenses granted under this chapter are subject to suspension or revocation by the Nevada [tax] gaming commission in any case where the Nevada [tax] gaming commission has reason to believe that any condition of its license has not been complied with or that any law or [rule or] regulation of the Nevada [tax] gaming commission has been broken or violated.
2. No license shall be revoked or suspended until after a hearing had by the Nevada [tax] gaming commission. [after due notice in writing addressed to the licensee, which notice delivered to the licensee, or his agents or employees in charge of the licensed premises, shall be deemed sufficient notice for the purposes hereof.] such hearing shall be initiated by the filing of a complaint by the state gaming control board and shall be conducted in accordance with the provisions of section 37 of this act.
3. The action of the Nevada [tax] gaming commission in revoking or suspending a license issued under this chapter is subject to court review [.] in accordance with the provisions of section 38 of this act.
Sec. 53. This act shall become effective upon passage and approval; however, the Nevada tax commission and the state gaming control board shall continue to administer all provisions of this act and chapters 463 and 464 of NRS to and including June 30, 1959.
________
Senate Bill No. 20Senator Settelmeyer
CHAPTER 319
AN ACT to amend Title 25 of NRS, relating to public organizations for community service, by creating a new chapter relating to general improvement districts; by providing definitions of certain words and terms; by providing the method for the organization of such districts, the methods of financing, the levy of taxes and the issuance of bonds; by providing for the inclusion and exclusion of property and the method of dissolving a district; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 25 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 2 to 102, inclusive, of this act.
Sec. 2. This chapter shall be known and may be cited as the General Improvement District Law.
Sec. 3. 1. It is hereby declared as a matter of legislative determination that the organization of districts having the purposes, powers, rights, privileges and immunities provided in this chapter will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the State of Nevada; that the acquisition, improvement, maintenance and operation of any project authorized in this chapter is in the public interest and constitutes a part of the established and permanent policy of the State of Nevada; and that each district organized pursuant to the provisions of this chapter shall be a body corporate and politic and a quasi-municipal corporation.
κ1959 Statutes of Nevada, Page 458 (CHAPTER 319, SB 20)κ
tion that the organization of districts having the purposes, powers, rights, privileges and immunities provided in this chapter will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the State of Nevada; that the acquisition, improvement, maintenance and operation of any project authorized in this chapter is in the public interest and constitutes a part of the established and permanent policy of the State of Nevada; and that each district organized pursuant to the provisions of this chapter shall be a body corporate and politic and a quasi-municipal corporation. For the accomplishment of these purposes the provisions of this chapter shall be broadly construed.
2. It is hereby further declared as a matter of legislative determination that the notice provided for in this chapter for each hearing and action to be taken is reasonably calculated to inform the parties of all proceedings which may directly and adversely affect their legally protected interest.
Sec. 4. As used in this chapter the following words or phrases are defined as follows:
1. Acquisition, acquire and acquiring each means acquisition, extension, alteration, reconstruction, repair or other improvement by purchase, construction, installation, reconstruction, condemnation, lease, rent, gift, grant, bequest, devise, contract or other acquisition, or any combination thereof.
2. Board of trustees and board alone each means the board of trustees of a district.
3. General improvement district and district alone each means any general improvement district organized or, in the case of organizational provisions, proposed to be organized, pursuant to this chapter.
4. Mail means a single mailing, first class (or its equivalent), postage prepaid, by deposit in the United States mails, at least 15 days prior to the designated time or event.
5. Project and improvement each means any structure, facility, undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property, including but not limited to land, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.
6. Publication means publication at least once a week for 3 consecutive weeks by three weekly insertions in at least one newspaper of general circulation in the district. It shall not be necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but the first publication shall be at least 15 days prior to the designated time or event.
7. Special assessment district means any local public improvement district organized within a general improvement district by the board of trustees of such general improvement district pursuant to this chapter.
8. Taxpaying elector means a person who is qualified to vote at general elections in this state, and who, or whose spouse, is obligated as an owner or as a contract purchaser at a designated time or event to pay a general tax on real or personal property within the district.
κ1959 Statutes of Nevada, Page 459 (CHAPTER 319, SB 20)κ
as an owner or as a contract purchaser at a designated time or event to pay a general tax on real or personal property within the district. Registration pursuant to the general election (or any other) statutes is not required. Residence in the county is not required.
9. Trustees means the members of a board.
Sec. 5. For the purpose of computing any period of time prescribed in this chapter, the day of the first publication, or other designated time, shall be excluded and the day of the last publication, or other designated action or time, shall be included.
Sec. 6. In any case where a noticed 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 abated; but the court shall order due notice to be given and shall continue the hearing until such time as notice is properly given, and thereupon shall proceed as though notice had been properly given in the first instance.
Sec. 7. This chapter, without reference to other statutes of the state, except as specifically provided in this chapter, shall constitute full authority for the authorization and issuance of bonds hereunder. No other law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized by this chapter to be done shall be construed as applying to any proceedings taken under this chapter or acts done pursuant thereto, it being intended that this chapter shall provide a separate method of accomplishing its objectives, and not an exclusive one; and this chapter shall not be construed as repealing, amending or changing any such other law.
Sec. 8. This chapter being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.
Sec. 9. 1. The board of county commissioners of any county within this state is hereby vested with jurisdiction, power and authority to create districts within the county which it serves.
2. No member of a board of county commissioners or board of trustees shall be disqualified to perform any duty imposed by this chapter by reason of ownership of property within any proposed district.
Sec. 10. 1. The organization of a district shall be initiated by the adoption of an ordinance by the board of county commissioners, which ordinance is in this chapter sometimes designated the initiating ordinance.
2. The initiating ordinance shall set forth:
(a) The name of the proposed district, consisting of a chosen name preceding the words General Improvement District.
(b) A statement of the general purposes for which the district is proposed to be created (for instance, by way of illustration, for paving, curb and gutters, sidewalks, storm drainage and sanitary sewer improvements within the district). The purpose or purposes stated in the initiating ordinance shall be any or all of those authorized in sections 23 to 28, inclusive, or any part or parts thereof.
κ1959 Statutes of Nevada, Page 460 (CHAPTER 319, SB 20)κ
(c) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the district.
(d) The place and time for the hearing on the creation of the district.
Sec. 11. After such initiating ordinance has been adopted by the board of county commissioners, the county clerk shall give notice by publication of the intention of the board of county commissioners to establish such district, which notice shall set forth the name, statement of purposes, general description and time and place of hearing.
Sec. 12. 1. Any taxpayer elector within the district may, on or before the date fixed, protest against the establishment of such district, in writing, which protest shall be filed with the county clerk of such county.
2. If, at or before the time fixed in the initiating ordinance and notice, written protest is filed, signed by 51 percent or more of the taxpaying electors within such proposed district, the district shall not be established.
3. If any written protests are filed and the board of county commissioners determines that the protests so filed represent less than 51 percent of the taxpaying electors in the district, the board of county commissioners, in its discretion, may proceed with the creation of the district. If the board of county commissioners does so proceed, the ordinance of the board of county commissioners creating the district, for which provision is made in this chapter, shall contain a recital as to the percentage of protest and such recital shall be binding and conclusive for all purposes.
Sec. 13. 1. At the place, date and hour specified for the hearing in the notice or at any subsequent time to which the hearing may be adjourned, the board of county commissioners shall give full consideration to all protests which may have been filed and shall hear all persons desiring to be heard and shall thereafter adopt an ordinance either creating the district or determining that it shall not be created.
2. Any ordinance creating a district may contain such changes as may be considered by the board of county commissioners to be equitable and necessary.
Sec. 14. 1. Except as otherwise provided in subsection 2, the adoption of the ordinance creating the district shall finally and conclusively establish the regular organization of the district against all persons, which district shall thenceforth be a governmental subdivision of the State of Nevada, a body corporate and politic and a quasi-municipal corporation.
2. Within 30 days immediately following the effective date of such ordinance any person who has filed a written protest, as provided in section 12, shall have the right to commence an action in any court of competent jurisdiction to set aside such determination. Thereafter all actions or suits attacking the regularity, validity and correctness of that ordinance and all proceedings, determinations and instruments taken, adopted or made prior to such ordinances final passage, shall be perpetually barred.
κ1959 Statutes of Nevada, Page 461 (CHAPTER 319, SB 20)κ
3. Within 30 days after the effective date of the ordinance creating the district, the county clerk shall file a copy of the ordinance in his office and shall cause to be filed an additional copy of the ordinance in the office of the secretary of state, which filings shall be without fee and be otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.
Sec. 15. 1. The board of county commissioners shall, in the ordinance creating the district, appoint five taxpaying electors of the district to serve as the first board of trustees of the district and shall specify therein the terms of office to the respective election dates provide in section 18.
2. The members of the board of trustees shall qualify by filing with the county clerk their oaths of office and corporate surety bonds, at the expense of the district, the bonds to be in an amount not to exceed $1,000 each, the form thereof to be approved by the board of county commissioners, conditioned for the faithful performance of their duties as trustees.
Sec. 16. 1. After taking oaths and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person.
2. The board shall adopt a seal.
3. The secretary shall keep, in a well-bound book, a record of all of the boards proceedings, minutes of all meetings, certificates, contracts, bonds given by employees, and all corporate acts, which book shall be open to inspection of all owners of real property in the district as well as to all other interested persons.
4. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records. He shall file with the county clerk, at the expense of the district, a corporate fidelity bond in an amount not less than $5,000, conditioned for the faithful performance of the duties of his office.
5. No member of the board shall receive compensation for his services.
Sec. 17. 1. The board of trustees shall meet regularly at least once each year, and at such time or times and at such regular meeting place within the district as it shall by resolution determine.
2. Special meetings may be held on notice to each member of the board as often as, and at such place or places within the district as, the needs of the district require.
3. Three members of the board shall constitute a quorum at any meeting.
4. Any vacancy on the board shall be filled by the remaining members or member of the board, the appointee to act until the next biennial election, when the vacancy shall be filled by election. If the board fails, neglects or refuses to fill any vacancy within 30 days after the same occurs, the board of county commissioners shall fill such vacancy.
Sec. 18. 1. There shall be held in conjunction with the first general election in the county after the creation of the district and in conjunction with every general election thereafter an election to be known as the biennial election of the district.
κ1959 Statutes of Nevada, Page 462 (CHAPTER 319, SB 20)κ
election in the county after the creation of the district and in conjunction with every general election thereafter an election to be known as the biennial election of the district.
2. At the first biennial election in any district organized after the effective date of this chapter, and each fourth year thereafter, there shall be elected by the taxpaying electors of the district two members of the board to serve for terms of 4 years; at the second biennial election and each fourth year thereafter, there shall be elected three members of the board to serve for terms of 4 years.
3. No later than 60 days before any such election, nominations may be filed with the secretary of the board, who shall, not later than 30 days before any such election, certify such nominations to the county clerk. If a nominee does not withdraw his name before the secretary certifies the nominations to the county clerk, his name shall be placed on the ballot. Nomination shall not be a prerequisite to election. The secretary of the district shall give notice of election by publication, and shall arrange such other details in connection therewith as the board may direct. The returns of the election shall be certified to and shall be canvassed as provided by the general law concerning elections. The candidates receiving the most votes shall be elected.
4. Any new member of the board shall qualify in the same manner as members of the first board qualify.
Sec. 19. For and on behalf of the district the board shall have the powers enumerated in sections 20 to 42, inclusive.
Sec. 20. Subject to the limitations of this chapter, the board shall have perpetual existence.
Sec. 21. The board shall have the power to have and use a corporate seal.
Sec. 22. The board shall have the power to sue and be sued, and be a party to suits, actions and proceedings.
Sec. 23. In the case of a district created wholly or in part for acquiring paving, the board shall have the power to grade and regrade and to surface and to resurface streets, alleys and public highways, and parts thereof, within the district, with suitable material, and to acquire street and alley improvements necessary and incidental thereto.
Sec. 24. In the case of a district created wholly or in part for acquiring curb and gutter, the board shall have the power to improve streets within the district by grading and regrading and by the construction and reconstruction of curb, gutter and combined curb and gutter, in combination with sidewalk or otherwise, and to acquire improvements necessary and incidental to the foregoing improvements, including, without limiting the generality thereof, drains, catch basins, valley gutters, driveway inlets and the removal of existing improvements.
Sec. 25. In the case of a district created wholly or in part for acquiring sidewalk, the board shall have the power to construct, reconstruct, replace or extend sidewalks, adjacent to or in combination with curb and gutter or otherwise, within the district, and to acquire improvements necessary and incidental thereto.
Sec. 26. In the case of a district created wholly or in part for acquiring storm drainage improvements, the board shall have the power to construct, reconstruct, replace or extend storm sewer and other drainage facilities and improvements necessary and incidental thereto within the district, including, without limiting the generality of the foregoing, the laying of pipes and the erection of catch basins, drains and necessary inlets and outlets.
κ1959 Statutes of Nevada, Page 463 (CHAPTER 319, SB 20)κ
power to construct, reconstruct, replace or extend storm sewer and other drainage facilities and improvements necessary and incidental thereto within the district, including, without limiting the generality of the foregoing, the laying of pipes and the erection of catch basins, drains and necessary inlets and outlets.
Sec. 27. In the case of a district created wholly or in part for acquiring sanitary sewer improvements, the board shall have the power:
1. To construct, reconstruct, improve, extend or better the sanitary sewer system or any part thereof, including, without limiting the generality of the foregoing, mains, laterals, wyes, tees, meters and collection, treatment and disposal plants.
2. To sell any product or byproduct thereof and to acquire the appropriate outlets within or without the district and to extend the sewer lines of the district thereto.
Sec. 28. The board shall have the power to operate, maintain and repair the improvements acquired by the district.
Sec. 29. 1. Except as otherwise provided in this chapter, the board shall have the power to enter into contracts and agreements affecting the affairs of the district, including but not limited to contracts with the United States of America and any of its agencies or instrumentalities and contracts with any municipality or district for the operation of a common or jointly owned project.
2. Any improvement or improvements of any nature made in any district where the entire cost, value or amount of such work, including labor and materials, exceeds $5,000, except such work done by employees of the district with supplies and materials purchased by it as provided in subsection 3, or except by labor or supplies and materials, or all of such, supplied under agreement with the United States of America, the State of Nevada, or any federal or state agency, instrumentality or corporation, or other political subdivision, shall be done only under independent contract to be entered into by the district with the lowest responsible bidder submitting the lowest and best bid upon proper terms after due public notice by publication has been given asking for competitive bids. The board shall have the right to reject any and all bids and to waive any irregularity in any bid. Any contract may be let on a lump sum or unit basis. No contract shall be entered into for such work unless the contractor gives an undertaking with a sufficient surety or sureties approved by the board and in an amount fixed by the board for the faithful performance of the contract. Upon default in the performance of any contract, the proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.
3. The board shall have the power to make any improvement, or portion thereof, in any district, directly by the officers, agents and employees of the district, with supplies and materials purchased or otherwise acquired therefor. All supplies and materials purchased by the board for any district (but not by a contractor) costing $500 or more shall be purchased only after notice by publication for competitive bids. The board shall accept the lowest bid, kind, quality and material being equal, but the board shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid.
κ1959 Statutes of Nevada, Page 464 (CHAPTER 319, SB 20)κ
material being equal, but the board shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid. The provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer.
Sec. 30. The board shall have the power to borrow money and incur indebtedness and other obligations and evidence the same by certificates, notes or debentures, and to issue bonds, in accordance with the provisions of this chapter.
Sec. 31. The board shall have the power to acquire, dispose of and encumber real and personal property, and any interest therein, including leases, easements, and revenues derived from the operation thereof. The constitutional and inherent powers of the legislature are hereby delegated to the board for the acquisition, disposal and encumbrance of property; but the board shall in no case receive title to property already devoted to public purpose or use, except with the consent of the owners of such property, and except upon approval of a majority of the board.
Sec. 32. The board shall have the power to enter on any lands, waters and premises for the purposes of making surveys, soundings, examinations, tests and inspections.
Sec. 33. 1. The board shall have the power to consult with the state board of health about any system or proposed system of drainage or sewage as to the best method of disposing of the districts drainage or sewage with reference to the existing and future needs of other cities, towns, districts or other persons which may be affected thereby, and to submit to the state board of health for its advice and approval the districts proposed system of drainage or sewage.
2. No district shall proceed to acquire or improve any system of water supply, drainage or sewage disposal without first obtaining the approval of the county board of health.
3. In this section the term drainage means rainfall, surface and subsoil water only, and sewage means domestic and industrial filth and waste.
Sec. 34. The board shall have the power:
1. To manage, control and supervise all the business and affairs of the district.
2. To acquire, improve, equip, operate and maintain any district project.
Sec. 35. The board shall have the power to hire and retain agents, employees, servants, engineers and attorneys, and any other persons necessary or desirable to effect the purposes of this chapter.
Sec. 36. The board shall have the power to prescribe the duties of officers, agents, employees and servants, and fix their compensation.
Sec. 37. The board shall have and may exercise the power of eminent domain and dominant eminent domain in the manner provided by law for the condemnation by a city of private property for public use to take any property necessary to the exercise of the powers granted, both within and without the district.
Sec. 38. 1. The board shall have the power to construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon or over any vacant public lands, which public lands are, or may become, the property of the State of Nevada, and to construct works and establish and maintain facilities across any stream of water or watercourse.
κ1959 Statutes of Nevada, Page 465 (CHAPTER 319, SB 20)κ
tain works and establish and maintain facilities across or along any public street or highway, and in, upon or over any vacant public lands, which public lands are, or may become, the property of the State of Nevada, and to construct works and establish and maintain facilities across any stream of water or watercourse.
2. The board shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof.
Sec. 39. 1. The board shall have the power to fix, and from time to time increase or decrease, sewer rates, tolls or charges (other than special assessments), including but not necessarily limited to use charges, connection fees and standby charges, for services or facilities furnished by the district, and to pledge such revenue for the payment of any indebtedness of the district. Until paid, all rates, tolls or charges shall constitute a perpetual lien on and against the property served, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics liens. Before any such lien is foreclosed the board shall hold a hearing thereon after notice thereof by publication and by registered first class mail, postage prepaid, addressed to the last-known owner at his last-known address according to the records of the district and the real property assessment roll in the county in which the property is located.
2. The board shall prescribe and enforce rules and regulations for the connection with and the disconnection from properties of the facilities of the district.
3. For health and sanitary purposes the board shall have the power to compel owners of inhabited property within a sewer district to connect their property with the sewer system of such district and upon a failure so to connect within 60 days after such written, mailed notice by the board so to do the board may cause such connection to be made and a lien to be filed against the property for the expense incurred in making such connection. No owner shall be compelled to connect his property with such system unless a service line is brought, by the district, to a point within 400 feet of his dwelling place.
Sec. 40. The board shall have the power to adopt and amend bylaws, not in conflict with the constitution and laws of the state, for carrying on the business, objects and affairs of the board and of the district.
Sec. 41. The board shall have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this chapter. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this chapter.
Sec. 42. 1. When a district abuts a city or town and when all of its indebtedness has been fully paid or satisfied, the board shall have the power to convey to such city or town, at the discretion of the district and with the consent of the governing authority thereof, all of the property of such district upon the condition that such city or town will operate and maintain such property, regardless of whether the area comprising the district is annexed to the municipality.
2. Upon such conveyance the district shall be dissolved and a certificate to such effect shall be signed by the clerical officer of the city or town and filed with the secretary of state and county clerk of any county in which the ordinance creating the district is filed.
κ1959 Statutes of Nevada, Page 466 (CHAPTER 319, SB 20)κ
certificate to such effect shall be signed by the clerical officer of the city or town and filed with the secretary of state and county clerk of any county in which the ordinance creating the district is filed.
Sec. 43. 1. Any municipality, county, special district or owner may sell, lease, grant, convey, transfer or pay over to any district, with or without consideration, any project or any part or parts thereof or any interest in real or personal property or any funds available for construction or improvement purposes, including the proceeds of bonds issued prior to or after the effective date of this chapter for construction or improvement purposes which may be used by the district in the construction, improvement, maintenance or operation of any project.
2. Any municipality, county or special district is also authorized to transfer, assign and set over to any district any contracts which may have been awarded by the municipality, county or special district for the construction of projects not begun or, if begun, not completed.
3. The territory being served by any project or the territory within which the project is authorized to render service at the time of the acquisition of the project by a district shall include the area served by the project and the area in which the project is authorized to serve at the time of acquisition and any other area into which the service may be extended within the district; but where an election is required either by general law or charter provision to authorize such transfer, such election shall be forthwith called and shall be conducted as provided by law.
Sec. 44. In addition to the other means for providing revenue for such districts, the board shall have power and authority to levy and collect general (ad valorem) taxes on and against all taxable property within the district, such levy and collection to be made by the board in conjunction with the county and its officers as set forth in this chapter.
Sec. 45. 1. To levy and collect taxes, the board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district, and together with other revenues, will raise the amount required by the district annually to supply funds for paying expenses of organization and the costs of acquiring, operating and maintaining the works and equipment of the district, and promptly to pay in full, when due, all interest on and principal of general obligation bonds and other general obligations of the district. In the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 46.
2. The board shall certify to the board of county commissioners, at the same time as fixed by law for certifying thereto tax levies of incorporated cities, the rate so fixed with directions that at the time and in the manner required by law for levying taxes for county purposes such board of county commissioners shall levy such tax upon the assessed valuation of all taxable property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.
Sec. 46. 1. The board, in certifying annual levies, shall take into account the maturing general obligation indebtedness for the ensuing year as provided in its contracts, maturing general obligation bonds and interest on such bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof.
κ1959 Statutes of Nevada, Page 467 (CHAPTER 319, SB 20)κ
account the maturing general obligation indebtedness for the ensuing year as provided in its contracts, maturing general obligation bonds and interest on such bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof.
2. 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 such obligations, and interest thereon, and to pay defaults and deficiencies, 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 general obligation indebtedness of the district shall be fully paid.
Sec. 47. 1. The body having authority to levy taxes within each county shall levy the taxes provided in this chapter.
2. All officials charged with the duty of collecting taxes shall collect such taxes at the time and in the same 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 its levy and collection. 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.
3. 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 constitute, until paid, a perpetual lien on and against the property taxed; and such lien shall be on a parity with the tax lien of other general taxes.
Sec. 48. If the taxes levied are not paid as provided in this chapter, the property subject to the tax lien shall be sold and the proceeds thereof shall be paid over to the district according to the provisions of the laws applicable to tax sales and redemptions.
Sec. 49. 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. 50. 1. A district shall be entirely within one county and shall not include lands included in any city or unincorporated town or within 7 miles from the boundary thereof.
2. A district may consist of noncontiguous tracts or parcels of land.
3. No area within a district may be annexed to a city or town, but nothing contained in this section shall be construed as preventing the dissolution of a district or the exclusion therefrom of any land therein, as authorized in this chapter, for the purpose of permitting such an annexation.
4. No districts created under this chapter for the same purpose may overlap each other, but nothing contained in this section shall be construed as preventing any tract or parcel of land being simultaneously situate in overlapping districts which have no common purposes as provided in this chapter.
κ1959 Statutes of Nevada, Page 468 (CHAPTER 319, SB 20)κ
Sec. 51. 1. The boundary of any district organized under the provisions of this chapter may be changed in the manner prescribed in sections 52 and 53, but the change of boundaries of the district shall not impair nor affect its organization, nor shall it affect, impair or discharge any contract, obligation, lien or charge on which it or the property therein 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, assessments and charges, as provided in section 53. 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, and shall be subject to any outstanding special assessment lien thereon. 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. 52. 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.
2. Petitions shall:
(a) Describe the property which the petitioners desire to have excluded.
(b) State that the property is not capable of being served with facilities of the district, or would not be benefited by remaining in the district or by any future improvement it might make.
(c) Be acknowledged in the same manner and form as required in case of a conveyance of land.
(d) Be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings.
3. The secretary of the board shall cause a notice of filing of such petition to be published, which notice shall:
(a) State the filing of such petition.
(b) State the names of the petitioners.
(c) Describe the property mentioned in the petition.
(d) State the prayer of the petitioners.
(e) 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.
4. 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.
5. The filing of such 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.
6. The board, if it deems it not for the best interest of the district that the property mentioned in the petition, or portion thereof, be excluded from the district, shall order that the petition be denied in whole or in part, as the case may be.
κ1959 Statutes of Nevada, Page 469 (CHAPTER 319, SB 20)κ
excluded from the district, shall order that the petition be denied in whole or in part, as the case may be.
7. 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, the board shall order that the petition be granted in whole or in part, as the case may be.
8. 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.
9. Upon allowance of such petition, the board shall file for record a certified copy of its ordinance making such change, as provided in section 14.
Sec. 53. The boundaries of a district may be enlarged by the inclusion of additional real property therein in the following manner:
1. The fee owner or owners of any real property capable of being served with facilities of the district may file with the board a petition in writing praying that such property be included in the district.
2. The petition shall:
(a) Set forth an accurate legal description of the property owned by the petitioners.
(b) State that assent to the inclusion of such property in the district is given by the signers thereto, constituting all the fee owners of such property.
(c) Be acknowledged in the same manner required for a conveyance of land.
3. 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.
4. The board 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. The board shall grant or deny the petition and the action of the board shall be final and conclusive. 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 for record as provided in section 14.
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 general obligation 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 or assumption of any penalty, toll or charge, other than the tolls and charges which are uniformly made, assessed or levied for the entire district.
Sec. 54. Upon the conditions and under the circumstances set forth in this chapter, a district may borrow money and issue the following securities to evidence such borrowing:
1. Short-term notes.
2. General obligation bonds.
κ1959 Statutes of Nevada, Page 470 (CHAPTER 319, SB 20)κ
3. Revenue bonds.
4. Special assessment bonds.
Sec. 55. 1. A district, upon the affirmative vote of four trustees, is authorized to borrow money without an election in anticipation of the collection of taxes or other revenues and to issue short-term notes to evidence the amount so borrowed.
2. Such short-term notes:
(a) Shall be payable from the fund for which the money was borrowed.
(b) Shall mature before the close of the fiscal year in which the money is so borrowed.
(c) Shall not be extended or funded except in compliance with sections 56 to 61, inclusive.
Sec. 56. 1. To carry out the purposes of this chapter, the board is authorized to issue negotiable coupon bonds of the district.
2. Bonds shall:
(a) Bear interest at a rate not exceeding 6 percent per annum, payable semiannually.
(b) Be due and payable serially, either annually or semiannually, commencing not later than 3 years and extending not more than 30 years from date.
(c) Be in such denominations as the board determines and the bonds and coupons thereto attached shall be payable to bearer.
(d) 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.
3. Interest coupons shall bear the original or facsimile signature of the chairman of the board.
4. 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 4 percent of the principal thereof.
Sec. 57. 1. Whenever any board determines, by resolution, that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any 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.
2. Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by this chapter.
3. The declaration of public interest or necessity required by this section 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:
(a) Recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the 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.
κ1959 Statutes of Nevada, Page 471 (CHAPTER 319, SB 20)κ
ments, 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.
(b) 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.
(c) 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, three officers of such election, one of whom shall act as clerk.
Sec. 58. 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. 59. 1. 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.
2. 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. 60. 1. If it appears from the returns that a majority of the qualified taxpaying electors of the district who have voted on any proposition submitted under the provisions of sections 56 to 61, inclusive, 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 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.
2. 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. 61. The provisions of sections 56 to 60, inclusive, are hereby declared to be implementary to the provisions of NRS 350.080 to 350.200, inclusive, and NRS 350.250, concerning bonds issued by counties, cities, towns and other municipal corporations, and those provisions are applicable to any bond issue under sections 56 to 60, inclusive, but in the event of conflict the provisions of sections 56 to 60, inclusive, shall be controlling.
Sec. 62. Where the general obligation bonds authorized to be issued pursuant to the provisions of this chapter are issued for sanitary sewer purposes, such bonds may be additionally secured by a pledge of all or a part of the revenues derived from the operation of such sanitary sewer facilities.
Sec. 63. A district created wholly or in part for sanitary sewer purposes may issue bonds (without the necessity of holding an election and as an alternative or in addition to other forms of borrowing authorized in this chapter) for the purpose of acquiring or improving a sanitary sewer system, and such bonds shall be made payable solely out of the net revenues derived from the operation of such system.
κ1959 Statutes of Nevada, Page 472 (CHAPTER 319, SB 20)κ
Sec. 64. 1. Such revenue bonds may be publicly or privately sold at not less than 95 percent of their face value.
2. Each such revenue bond shall recite in substance that the principal thereof, including the interest thereon, is payable from the revenue pledged to the payment thereof and does not constitute a debt within the meaning of any constitutional or statutory limitation.
Sec. 65. In order to insure the payment of any such revenue bonds, or of such general obligation bonds the payment of which is additionally secured by a pledge of the revenues of such sanitary sewer facilities, the board shall establish and maintain, and from time to time revise, a schedule or schedules of rates, fees, tolls or charges for services and facilities rendered by or through such system in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the board authorizing the issuance of any of such bonds, including any covenant for the establishment of reasonable reserve funds.
Sec. 66. The resolution or resolutions providing for the issuance of any such bonds payable primarily or secondarily from the net revenues of such sanitary sewer facilities may contain at the discretion of the board covenants (notwithstanding that such covenants may limit the exercise of powers conferred by this chapter) as to:
1. The rates, fees, tolls or charges to be charged for the facilities and services.
2. The use and disposition of the revenue of such system.
3. The creation and maintenance of reserves or sinking funds and the regulation, use and disposition thereof.
4. The purpose or purposes to which the proceeds of the sale of the bonds may be applied and the use and disposition of such proceeds.
5. Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this chapter may bring any suit or action on such bonds or on the coupons thereof.
6. A fair and reasonable payment of the district to the account of such facilities and services furnished the district or any of its departments by the undertaking.
7. The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such facilities, and the priority of liens against such revenue.
8. The insurance to be carried thereon and the use and disposition of insurance moneys.
9. Books of account and the inspection and audit thereof.
10. The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived.
11. The rights, liabilities, powers and duties arising upon the breach by the district of any covenants, conditions or obligations.
12. The vesting in a trustee or trustees (not the trustees of the district) of the right to enforce any covenants made to secure, to pay, or otherwise in relation to the bonds, as to the powers and duties of such trustee or trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed hereby.
κ1959 Statutes of Nevada, Page 473 (CHAPTER 319, SB 20)κ
as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed hereby.
13. A procedure by which the terms of any resolution authorizing bonds may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given.
14. The manner of collecting the rates, fees, tolls or charges for the service and facilities.
Sec. 67. Such part of the expenses of making any public improvement (authorized, in a general way, in the ordinance creating any district authorized by this chapter) as the board determines may be defrayed by special assessments upon lands and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon such improvement and such other lands as in the opinion of the board may be benefited by the improvement.
Sec. 68. 1. When expenses for such improvements or repairs are assessed, and there are lands belonging to the district or public grounds not taxable, abutting on such improvements, such part of the expenses of such improvements as, in the opinion of the board, would be justly apportionable to such public grounds and district property shall be paid from the general fund of the district; and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvement or improved streets in proportion to their number of feet frontage, or, if the special assessment includes other lands not abutting upon the improvement, then upon all the land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement.
2. When assessment is to be made upon the lots and premises in proportion to frontage, if, from the shape or size of any lot, the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the board may assess such lots for such number of feet frontage as in its opinion would be just.
Sec. 69. 1. When the board determines to make any such public improvements and determines to defray the whole or any part of the cost and expenses thereof by special assessment, the board shall so declare by resolution stating the improvement and what part or portion of the expense thereof is of special benefit and therefore shall be paid by special assessment, and what part, if any, has been or is proposed to be appropriated from the general fund of the district, or from the street fund or district street fund, and whether the assessment is to be made according to benefits or frontage. In case the assessment is to be made according to benefits, the board shall by apt description designate the special assessment district including the lands to be assessed. The board shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby proportionately to the benefits received; but in case the assessment is to be upon the property upon a frontage basis it shall be sufficient for the resolution so to state and to define the location of the improvements to be made.
κ1959 Statutes of Nevada, Page 474 (CHAPTER 319, SB 20)κ
2. It shall not be necessary in any case to describe minutely in the resolution each particular lot to be assessed, but simply to designate the property, district, or the location so that the various parts to be assessed can be ascertained and described by the county assessor acting as ex officio district assessor.
Sec. 70. 1. Before ordering any of the public improvements, any part of the expense of which is to be defrayed by special assessment, the board shall:
(a) Cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved.
(b) File such plats and diagrams with the district secretary for public examination.
(c) Give notice thereof and of the proposed improvements, or work, of the location of the improvements, and, if assessments are to be according to benefits, of the special assessment district to be assessed, or, if assessments are to be by feet frontage, such notice shall state that abutting property is to be assessed according to frontage.
2. Such notice shall be given by:
(a) Publication; and
(b) Posting in at least one public place in the district; and
(c) Posting in three public places near the site of the proposed work; and
(d) Mail to each last-known owner of land proposed to be assessed for the cost of the improvements, at his last-known address, such addresses and owners being those appearing on the real property assessment rolls for general (ad valorem) taxes of the county, and from such other sources as the secretary of the district deems reliable.
3. Proof of such mailing shall be made by affidavit of the secretary and filed in the records of the district, but failure to mail and to post such notice or notices shall not invalidate any of the proceedings of the district.
4. The notices shall:
(a) State the time when and the place where the board will meet in the district to consider any suggestions and objections that may be made by parties in interest to the proposed improvements.
(b) Specify that unless the owners of more than one-half of the frontage to be assessed file written objections thereto, such improvement or work shall be ordered.
Sec. 71. 1. The cost and expense of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, assessments and cost of construction.
2. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed the value of such lot or premises as shown upon the latest tax list or assessment roll for state or county taxation. Any cost exceeding the value of such lot or premises which would otherwise be chargeable upon such lot or premises shall be paid from the general funds of the district.
3. The board shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as part of such assessment.
κ1959 Statutes of Nevada, Page 475 (CHAPTER 319, SB 20)κ
Sec. 72. 1. No contract for doing the work or making the improvement contemplated shall be made or awarded, nor shall the board incur any expense or liability in relation thereto, except for plats, diagrams, estimates and notices, until after the notice and hearing provided for in this chapter has been given and had.
2. Nothing contained in this section shall be construed as preventing the board from advertising, at least once a week for 2 consecutive weeks, for proposals for doing the work whenever the board sees fit, but the contract shall not be made or awarded before the time state in subsection 1.
Sec. 73. 1. When a special assessment is to be made pro rata upon the lots or premises according to frontage or benefits, the board shall, by resolution, direct such special assessment to be made by the assessor, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises or the locality constituting the special assessment district to be assessed.
2. In fixing the amount or sum of money that may be required to pay the costs of improvement, the board need not necessarily be governed by the estimates of the costs of such improvement provided for in this chapter, but the board may fix such other sum, within the limits prescribed, as it may deem necessary to cover the cost of such improvement.
Sec. 74. 1. Upon the passage of the resolution the assessor shall prepare an assessment roll, entering and describing therein all lots, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon the amount to be assessed in the manner directed by the board and the provisions of this chapter applicable to the assessment.
2. In all cases where the ownership thereof is unknown to the assessor, he shall, in lieu of the name of the owner, insert the word unknown.
3. If by mistake or otherwise any person is improperly designated as the owner of any lot or premises, or if the same is assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated but shall, in all respects, be as valid upon and against such lot, parcel of land or premises as though assessed in the name of the owner thereof; and when the assessment roll has been confirmed, such assessment shall become a lien on such lot, parcel of land or premises, and be collected as provided by law.
Sec. 75. 1. If the assessment is made upon the basis of frontage, the assessor shall assess each lot or parcel of land with such relative portion of the whole amount to be levied as the length of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed, unless on account of the shape or size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the assessor.
2. If the assessment is directed to be according to benefits, the assessor shall assess upon each lot such relative portion of the whole sum to be levied as is proportionate to the estimated benefit resulting to such lot from the improvement.
κ1959 Statutes of Nevada, Page 476 (CHAPTER 319, SB 20)κ
assessor shall assess upon each lot such relative portion of the whole sum to be levied as is proportionate to the estimated benefit resulting to such lot from the improvement.
Sec. 76. When the assessor has completed the assessment he shall report the same to the board. Such report shall be signed by him and made in the form of a certificate endorsed on the assessment roll as follows:
|
State of Nevada
County of................................. |
} |
ss. |
To the Board of Trustees of ............................. General Improvement District, ............................ County, Nevada:
I hereby certify and report that the foregoing is the assessment roll and assessment made by me pursuant to your resolution adopted (give date), for the purpose of paying that part of the cost which the board decided should be paid and borne by special assessment for Special Assessment District No. ............... in such general improvement district; that in making such assessment, I have, as near as may be, and according to my best judgment, conformed in all things to the direction contained in the resolution of the board hereinbefore referred to.
.........................................................
County Assessor, Ex Officio
District Assessor
Dated ......................, Nevada .................................., 19........
Sec. 77. When any expense is incurred by the district or in respect to any single lot, parcel of land or premises which, by the provisions of this chapter, the board is authorized to charge and collect as a special assessment against the same, and not being in that class of special assessments required to be made pro rata upon several lots or parcels of land, an account of the labor or services for which such expense was incurred, verified by the officer or person performing the services, or causing the same to be done, with a description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the board. The provisions of sections 67 to 76, inclusive, with reference to special assessments, shall not apply to the assessments to cover the expenses incurred, in respect to the class of improvement contemplated in this section.
Sec. 78. The board shall determine what amount or part of every expense shall be charged as a special assessment and the premises upon which the same shall be levied; and as often as the board deems it expedient it shall require all of the several lots or premises chargeable therewith respectively to be reported by the district secretary to the assessor for assessment.
Sec. 79. 1. Upon receiving the report mentioned in section 78, the assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed to be levied upon each of such lots or premises respectively. When completed he shall report the assessment roll to the board.
2. When any special assessment is reported by the assessor to the board, as directed in this section, the same shall be filed in the office of the district secretary and numbered.
κ1959 Statutes of Nevada, Page 477 (CHAPTER 319, SB 20)κ
board, as directed in this section, the same shall be filed in the office of the district secretary and numbered.
3. Before adopting the assessment, the board shall cause notice to be given by publication and additionally to be given by mail to each last-known owner of land so assessed for the cost of the improvements, at his last-known address, such addresses and owners being those appearing on the real property assessment rolls for general (ad valorem) taxes of the county, and from such other sources as the secretary of the district deems reliable. Proof of such mailing shall be made by affidavit of the secretary and filed in the records of the district, but failure to mail such notice or notices shall not invalidate any of the proceedings of the district. The notices shall state a time when the board and assessor will meet to review the assessments.
4. Any person objecting to the assessment may file his objection thereto with the district secretary.
5. The notice provided may be in the following form:
NOTICE OF SPECIAL ASSESSMENT
|
State of Nevada
County of................................. |
} |
ss. |
To .............................. (insert the names of persons against whose property the assessment appears) and to all persons interested, take notice:
That the roll of special assessment heretofore made by the assessor for the purpose of defraying that part of the costs which the board of trustees of............................General Improvement District,.........................County, Nevada, decided should be paid and borne by special assessment for the improvements in Special Assessment District No...........in such general improvement district is now on file at my office for public inspection. Notice is hereby given that the board and the assessor will meet in such general improvement district at..............oclock.........m., on ........................., 19........, to review the assessment, at which time and place opportunity will be given to all interested persons to be heard.
Dated.................................................... ...................................................
District Secretary
Sec. 80. 1. When any special assessment roll is confirmed by the board it shall be final and conclusive.
2. The roll, when so endorsed by the secretary of the district, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessment and assessment roll.
3. Within 15 days immediately succeeding the adoption of the resolution any person who has filed an objection, in writing, before the board at the specified hearing for reviewing assessments, as prescribed in section 79, shall have the right to commence an action or suit in any court of competent jurisdiction to correct or set aside such confirmation proceedings and confirmed assessment roll; but thereafter all actions or suits attacking the legality, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land, including, without limiting the generality of the foregoing, the defense of confiscation, shall be perpetually barred.
κ1959 Statutes of Nevada, Page 478 (CHAPTER 319, SB 20)κ
of land, including, without limiting the generality of the foregoing, the defense of confiscation, shall be perpetually barred.
Sec. 81. 1. All special assessments shall from the date of approval thereof constitute a lien upon the respective lots or parcels of land assessed coequal with the lien of general taxes, not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes, and prior and superior to all liens, claims, encumbrances and titles other than liens of general taxes.
2. Upon the approval of any assessment, the amount thereof may be divided into not more than 15 annual or 30 semiannual installments to be collected at such time, with such interest, at a rate not to exceed 8 percent per annum, and with such penalties to be collected upon delinquent payments, as the board may determine; but at the option of the owner of property assessed, the whole or any part of the unpaid principal, with interest accruing thereon to the next interest payment date, is payable at any time.
Sec. 82. All special assessments, except such installments thereof as the board makes payable at a future time, as provided in section 81, shall be due and payable on confirmation.
Sec. 83. Should any lots or land be divided after a special assessment thereon has been approved and divided into installments and before the collection of the installments, the board may require the assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment, when approved, shall be conclusive on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivision.
Sec. 84. 1. Should any special assessment prove insufficient to pay for the improvement or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general fund of the general improvement district.
2. If a greater amount has been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.
Sec. 85. Whenever any special assessment is, in the opinion of the board, invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction adjudges such assessments to be illegal, the board shall, whether the improvement has been made or not, or whether any parts of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment in this chapter.
Sec. 86. Whenever any sum or part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment of the premises.
Sec. 87. 1. When any special assessment is confirmed and payable, the board may direct the district secretary to report to the county treasurer a description of such lots and premises as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made, and to require the county treasurer to collect the several sums so assessed as a tax upon the several lots or premises to which they were assessed.
κ1959 Statutes of Nevada, Page 479 (CHAPTER 319, SB 20)κ
name of the owner or occupant against whom the assessment was made, and to require the county treasurer to collect the several sums so assessed as a tax upon the several lots or premises to which they were assessed. Thereupon the amount so levied in the assessment roll shall be collected in the manner provided in the resolution confirming the assessments, and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner.
Such amount shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds.
2. Nothing in this section shall be construed as preventing the district from collecting any special assessment by suit in the name of the board or other duly constituted governing body of the district; and the special assessment roll and the certified resolution confirming it shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.
Sec. 88. If in any action it appears that the assessment has not been properly made against the defendant, or the lot or premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the district which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.
Sec. 89. 1. When the board determines to make any public improvements and determines to defray the whole or any part of the cost or expense thereof by special assessment, the board may, by resolution, at the time it directs such special assessment to be made by the assessor, or at any time thereafter while any part of the assessment remains unpaid, without submitting the question to the electors of the general improvement district at any general or special election, cause to be issued bonds of such district, not exceeding the amount of the assessments outstanding and unpaid, for the purpose of defraying all or part of the cost or expense of such improvements.
2. The bonds shall:
(a) Be signed by the chairman of the district and countersigned by the secretary of the district.
(b) Each be in a denomination in a multiple of $100, but not exceeding $1,000, except bond numbered one may be in an odd denomination.
(c) Be serial in form and maturity, the various annual maturities commencing not later than the third year and ending not later than 15 years after date of issue, and shall mature in equal annual installments; but the first and last installments may be for a greater or lesser amount than the other installments.
(d) Be subject to prior redemption at the option of the district, whenever funds are available therefor, on any interest payment date prior to maturity, at a price equal to the principal amount thereof and with accrued interest to the redemption date.
3. Interest on all such bonds shall be at a rate at least 1 percent per annum less than the interest on the installments of principal assessments outstanding and unpaid, but shall in no event exceed the rate of 7 percent per annum, and shall be payable annually or semiannually at such times as the board may direct.
κ1959 Statutes of Nevada, Page 480 (CHAPTER 319, SB 20)κ
assessments outstanding and unpaid, but shall in no event exceed the rate of 7 percent per annum, and shall be payable annually or semiannually at such times as the board may direct.
Sec. 90. 1. The board, without notice to the state board of finance, may issue the bonds, or part thereof, to the contractor or contractors making such improvements, and, in such case, may issue additional of such bonds to pay directly for such other costs or expenses incidental thereto for which assessments were levied; or, at least 3 weeks after mailing notice of sale to the state board of finance, Carson City, Nevada, it may publicly, upon such terms and pursuant to such public notice as the board may direct, or privately sell the bonds issued pursuant to section 89, the proceeds of which shall be used to defray all or part of the costs or expenses of such improvements; but none of the bonds shall be sold at less than 95 percent of the principal amount thereof, plus accrued interest on the principal amount to the date of delivery.
2. The board may enter into a contract to sell the bonds at any time; but any other provisions of this chapter notwithstanding, if the board so contracts before it awards the contract for making the improvements, the board may terminate the contract to sell the bonds, if, before the awarding of the construction contract, it determines not to make the improvements. If the board ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed file written objections to the improvements, as provided in section 70, or for any other reason, the contract to sell the bonds shall thereupon be terminated and inoperative.
Sec. 91. The special assessment, when levied, shall be and remain a lien on the respective lots and parcels of land assessed until paid, as provided in this chapter, and, when collected, shall be placed in a special fund and as such shall at all times constitute a sinking fund for and be deemed specially appropriated to the payment of the bonds and interest thereon, and shall not be used for any other purpose until the bonds and interest thereon are fully paid.
Sec. 92. The issuance of any bonds, as provided in sections 67 to 91, inclusive, shall be conclusive evidence of the regularity of all proceedings up to the issuance of such bonds.
Sec. 93. If the special fund created by the proceeds of the special assessment is insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of the general fund of the general improvement district, there being an obligation of the board to levy general (ad valorem) taxes upon all property in the general improvement district which is by law taxable for state and county purposes, in order to provide for the payment of such bonds, subject to the limitation of section 2 of article 10 of the constitution of the State of Nevada.
Sec. 94. It may be provided in any resolution authorizing any bonds under this chapter that such bond shall recite that it is issued under authority of this chapter. Such recital shall conclusively impart full compliance with all of the provisions of this chapter, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
κ1959 Statutes of Nevada, Page 481 (CHAPTER 319, SB 20)κ
Sec. 95. 1. Subject to any contractual limitations binding upon the holders of any issue or series of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or number of such holders, any holder of bonds, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated:
(a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the district and its board and any of its officers, agents and employees and to require and compel the district or its board or any such officers, agents or employees to perform and carry out its and their duties, obligations or other commitments under this chapter and its and their covenants and agreements with the bondholders;
(b) By action or suit in equity to require the district and its board to account as if they were the trustee of an express trust;
(c) By action or suit in equity to have appointed a receiver, which receiver may enter and take possession of any projects and services revenues from which are pledged for the payment of the bonds, prescribe sufficient rates, fees, tolls, charges and rentals derived from the operation thereof, and collect, receive and apply all revenues or other moneys pledged for the payment of the bonds in the same manner as the district itself might do;
(d) By action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders; and
(e) Bring suit upon the bonds.
2. No right or remedy conferred by this chapter upon any holder of bonds or any trustee therefor is intended to be exclusive of other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law.
3. The failure of any bondholder so to proceed as provided in this section shall not relieve the district, its board, or any of its officers, agents and employees of any liability for failure to perform or carry out any duty, obligation or other commitment.
Sec. 96. 1. Any bonds issued under this chapter may be refunded without an election pursuant to a resolution or resolutions to be adopted by the board in the manner provided in this chapter for the issuance of other bonds, subject to any contractual limitations.
2. Refunding bonds so issued may be secured in such manner and may be made payable from such sources as was provided in the resolution or resolutions authorizing their issuance; but the security for the payment of the refunding bonds shall not be greater than the security for the payment of the bonds refunded, nor shall there be pledged for the payment of the refunding bonds revenues which are not pledged for the payment of the bonds refunded.
3. Refunding bonds so issued may be sold at public or private sale or may be exchanged dollar for dollar for the bonds to be refunded. If sold, the proceeds of sale may be escrowed for the payment of the bonds to be refunded in such manner as may be provided in the resolution authorizing the refunding bonds.
κ1959 Statutes of Nevada, Page 482 (CHAPTER 319, SB 20)κ
Sec. 97. Whenever a majority of the members of the board of county commissioners of any such county deem it to be in the best interests of the county and of the district that any such district be dissolved, it shall so determine by ordinance, after there is first found and determined and recited in such ordinance that all outstanding indebtedness and bonds of all kinds of the district have been paid. The county clerk shall thereupon certify a copy of the ordinance to the board of such district and shall give notice by publication of:
1. The adoption of such ordinance;
2. The determination of the board of county commissioners that the district should be dissolved; and
3. The time and place for hearing on dissolution.
Sec. 98. 1. Any taxpaying elector within the district may, on or before the date fixed, protest against the dissolution of such district, in writing, which protest shall be filed with the county clerk of such county.
2. If, at or before the time fixed by the ordinance and notice, written protest shall be filed signed by 51 percent or more of the taxpaying electors within the district, the district shall not be dissolved. If any written protests are filed and the board of county commissioners determines that the protests so filed represent less than 51 percent of the taxpaying electors of the district, the board may, if it so determines, complete the dissolution by the adoption of a final ordinance of dissolution, which ordinance shall contain a recital as to the percentage of protests, and such recital shall be binding and conclusive for all purposes.
Sec. 99. At the place, date and hour specified for the hearing in the notice or at any subsequent time to which the hearing may be adjourned, the board of county commissioners shall give full consideration to all protests which may have been filed and shall hear all persons desiring to be heard and shall thereafter adopt either the final ordinance of dissolution or an ordinance determining that it shall not be dissolved.
Sec. 100. Within 30 days after the effective date of any ordinance dissolving the district, the county clerk shall file a copy of the ordinance in his office and shall cause to be filed an additional copy of the ordinance in the office of the secretary of state, which filings shall be without fee and be otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.
Sec. 101. 1. All property and all funds remaining in the treasury of any district so dissolved shall be surrendered and transferred to the county in which the district exists and shall become a part of the general fund of the county.
2. All outstanding and unpaid tax sales and levies and all special assessment liens of a dissolved district shall be valid and remain a lien against the property against which they are assessed or levied until paid, subject, however, to the limitations of liens provided by general law. Taxes and special assessments paid after dissolution shall be placed in the general fund of the county in which the property was assessed.
3. 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 if it had not been dissolved and the same powers to enforce the collection of special assessments.
κ1959 Statutes of Nevada, Page 483 (CHAPTER 319, SB 20)κ
to enforce the collection of all outstanding tax sales of the district as the district would have had if it had not been dissolved and the same powers to enforce the collection of special assessments.
4. If any area comprising the district or portion thereof is annexed to a city or town within 6 months from the effective date of the dissolution ordinance, a pro rata share of all such property and funds shall be transferred to the municipality.
Sec. 102. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 103. This act shall become effective upon passage and approval.
________
Assembly Bill No. 3Mr. Waters and Miss Herr
CHAPTER 320
AN ACT appropriating $29,518 for new furniture, furnishings and tableware for the governors mansion, and providing for the method of purchase, the approval of the governor and the style of furniture and furnishings to be selected.
[Approved March 30, 1959]
Whereas, It is desirable that the governors mansion be furnished in a manner befitting the dignity of the State of Nevada; and
Whereas, The governors mansion is now inadequately furnished; and
Whereas, Acquiring adequate furniture, furnishings and tableware is a proper governmental function for which moneys should be appropriated; 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 the sum of $29,518 to the state department of buildings and grounds.
Sec. 2. So much of such moneys as is necessary shall be used by the superintendent of the state department of buildings and grounds to purchase and install furniture, furnishings and tableware for the governors mansion. Any unexpended moneys remaining after completion of such purchases and installation shall revert immediately to the general fund in the state treasury.
Sec. 3. The furniture, furnishings and tableware shall be of a style in keeping with the design of the governors mansion and shall be selected with the approval of the governor.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 484κ
Assembly Bill No. 19Messrs. Pozzi and Bailey
CHAPTER 321
AN ACT creating the Western Regional Higher Education Compact fund and appropriating moneys thereto to enable the State of Nevada to become a member of the Western Regional Higher Education Compact.
[Approved March 30, 1959]
Whereas, The future of Nevada and the nation is dependent upon the quality of the education of its youth; and
Whereas, The State of Nevada does not have a sufficient number of potential students to warrant the establishment and maintenance within its borders of adequate facilities in all the essential fields of technical and graduate training; and
Whereas, The 49th session of the legislature of the State of Nevada believes that the Western Regional Higher Education Compact, and the commission created thereby, can provide acceptable and efficient educational facilities to meet the needs of Nevada and the students thereof; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby created in the state treasury a special fund which shall be known as the Western Regional Higher Education Compact fund, and there is hereby appropriated from the general fund and deposited in such special fund the sum of $25,000 for the purpose of enabling the State of Nevada to join and carry out its obligations under the Western Regional Higher Education Compact.
Sec. 2. Any moneys remaining in such fund at the end of any fiscal year shall continue as a part of such fund and shall not revert to the general fund in the state treasury.
________
Assembly Bill No. 31Miss Herr
CHAPTER 322
AN ACT to amend NRS section 122.040, relating to obtaining a marriage license, by providing that the county clerk shall issue a marriage license to minors if the consent of the parents or guardian is in writing, subscribed to and duly acknowledged before an officer authorized to administer oaths.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 122.040 is hereby amended to read as follows:
122.040 1. Previous to persons being joined in marriage, a license shall be obtained for that purpose from the county clerk of any county in the state.
2. The county clerk may inquire of the person applying for a marriage license, upon oath or affirmation, relative to the legality of the contemplated marriage, and if the clerk [shall be] is satisfied that there is no legal impediment thereto, then he shall grant the marriage license.
κ1959 Statutes of Nevada, Page 485 (CHAPTER 322, AB 31)κ
contemplated marriage, and if the clerk [shall be] is satisfied that there is no legal impediment thereto, then he shall grant the marriage license.
3. The county clerk, when issuing the license, shall require the person applying therefor to answer under oath each of the questions contained in the form of license, and, if the person applying therefor cannot answer positively any questions with reference to the other person named in the license, the clerk shall require both persons named in the license to appear before him and to answer, under oath, the questions contained in the form of the license.
4. If any of the persons intending to marry [shall be] is under age and [shall not have] has not been previously married, the clerk shall issue the license if the consent of the parent or guardian [shall be personally] is:
(a) Personally given before the clerk [, or certified] ; or
(b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom shall appear before the clerk and make oath that he saw the parent or guardian subscribe his name to the annexed certificate, or heard him or her acknowledge the same [, whereupon the clerk is authorized to issue and sign the license, affixing thereto the seal of the county.] ; or
(c) In writing, subscribed to and duly acknowledged before an officer authorized by law to administer oaths.
________
Assembly Bill No. 65Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)
CHAPTER 323
AN ACT to amend NRS sections 350.050 and 350.070, relating to qualifications of electors in a bond election and procedure of approving or rejecting proposals to issue bonds, by providing that residency in the precinct for 10 days prior to the bond election is a qualification for voting, and that if a majority of ballots of either color or both colors is against the issuance of the bonds, the bond proposal fails.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 350.050 is hereby amended to read as follows:
350.050 1. Every citizen of the United States, 21 years of age or over, who has resided in the state 6 months and in the county 30 days and in the precinct 10 days next preceding the election, shall be entitled to vote at the election if he has complied with the registration laws of this state.
2. If a registered elector is not the owner of or the spouse of the owner of real property assessed on the assessment roll of the municipal corporation, he shall be furnished, by the officers conducting the election, a ballot printed on white paper.
3. If a registered elector is the owner of or the spouse of the owner of real property assessed on the assessment roll of the municipal corporation, he shall, after making the required affidavit, be furnished, by the officers conducting the election, a ballot printed on colored paper.
κ1959 Statutes of Nevada, Page 486 (CHAPTER 323, AB 65)κ
of real property assessed on the assessment roll of the municipal corporation, he shall, after making the required affidavit, be furnished, by the officers conducting the election, a ballot printed on colored paper.
Before any person shall be permitted to vote a ballot printed on colored paper, he shall be required to make, before one of the officers of the election, any of whom is authorized to take the same, an affidavit showing that he is the owner of or the spouse of the owner of real property assessed on the assessment roll of the municipal corporation.
Sec. 2. NRS 350.070 is hereby amended to read as follows:
350.070 1. If a majority of the ballots of each color is in favor of the issuance of the bonds, the proposal to issue them shall have been carried, and the proper officers of the municipal corporation shall, in the manner provided by law or in the manner expressed in the notice of the election, proceed to complete the printing, execution, advertisement and sale of the bonds.
2. If the majority of the ballots of [each color] either color or both colors is against the issuance of the bonds, the proposal to issue them shall have failed, and the proper officers of the municipal corporation shall proceed no further with the printing, execution, advertisement or sale of the bonds, but they shall certify the result of the election to the proper officers, board or governing board of the municipal corporation.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 74Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)
CHAPTER 324
AN ACT to amend NRS section 350.380, relating to the issuance of water and sewer revenue bonds, by eliminating inappropriate internal reference to NRS sections 350.080 to 350.200, inclusive, and by clarifying majority vote requirements.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 350.380 is hereby amended to read as follows:
350.380 1. The acquisition, construction, reconstruction, improvement, betterment or extension of any undertaking and the issuance, in anticipation of the collection of the revenues of such undertaking, of bonds to provide funds to pay the cost thereof may be authorized under NRS 350.350 to 350.490, inclusive, by ordinance or resolution of the governing body, which may be adopted at a regular meeting by a vote of a majority of the members elected to the governing body; but before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the municipality or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, both the real property owners and their spouses and also the other qualified electors of the municipality voting thereon at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.010 to [350.200,] 350.070, inclusive.
κ1959 Statutes of Nevada, Page 487 (CHAPTER 324, AB 74)κ
for that purpose in the manner prescribed by the provisions of NRS 350.010 to [350.200,] 350.070, inclusive.
2. The governing body, in determining such cost, may include all cost and estimated cost of the issuance of the bonds, all engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue during the construction period and for 6 months thereafter on money borrowed or which it is estimated will be borrowed pursuant to NRS 350.350 to 350.490, inclusive.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 125Mr. Evans
CHAPTER 325
AN ACT to amend NRS sections 321.010, 321.020, 321.045, 321.055, 321.210, 321.335, 321.450 and 408.215, relating to state lands, the state land office and state land register, development of Eldorado Valley, and the duties of the state highway engineer, by providing for the appointment of a deputy state land register; reducing the bond required of the state land register; removing land owned or acquired by the department of highways from the state land registers index; requiring a notice from the county assessor upon a delinquency in tax payment on state land sale contract lands; deleting references to repealed NRS sections relating to bounties for artesian wells, creating a revolving fund to pay necessary expenses of sales of state lands and making an appropriation therefor; providing that land in Eldorado Valley be sold or disposed of by the Colorado River commission; requiring the state highway engineer to index lands owned or acquired by the department of highways; and providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 321.010 is hereby amended to read as follows:
321.010 1. For the purpose of selecting and disposing of the lands that have been or may hereafter be granted by the United States to the State of Nevada, including the 16th and 36th sections, and those selected in lieu thereof, in accordance with the terms and conditions of the several grants of land by the United States to the State of Nevada, a state land office is hereby created.
2. The director of the state department of conservation and natural resources is hereby made ex officio state land register.
3. The state land register may, pursuant to chapter 284 of NRS, appoint one deputy state land register and such technical, clerical and operational staff as the execution of his duties and the operation of the state land office may require.
Sec. 2. NRS 321.020 is hereby amended to read as follows:
321.020 The director of the state department of conservation and natural resources, as state land register, shall be required to give a bond in the sum of [$10,000] $5,000 for the faithful performance of his duties. The bond shall be approved by the governor and filed in the office of the secretary of state.
κ1959 Statutes of Nevada, Page 488 (CHAPTER 325, AB 125)κ
Sec. 3. NRS 321.045 is hereby amended to read as follows:
321.045 1. In addition to the records required to be kept pursuant to NRS 321.040, the state land register shall maintain an index or record of deeds or other evidence of title or interest in and to all lands or interests in lands owned or acquired by the state or any department, agency or institution thereof, whether the same was acquired by purchase, gift, grant or selection, condemnation, escheat, forfeiture of contract of sale, or otherwise, [including] excepting all lands or interests therein acquired by the department of highways. [for highway purposes.]
2. With respect to lands or interests therein acquired after April 1, 1957, such index shall state the area of each parcel and the cost to the state of each parcel.
3. Every department or agency of the state, except the department of highways, shall, upon acquiring any land or interest therein, transmit to the state land register the information necessary to make such entries in the index.
4. For the purposes of this chapter, the state highway engineer is hereby designated as the agent of the state land register to maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the department of highways.
Sec. 4. NRS 321.055 is hereby amended to read as follows:
321.055 1. Upon the sale of any land for cash or upon execution of any contract for the purchase of land from the state, the state land register shall forthwith transmit to the county assessor of the county in which such land is located a report setting forth a description of the land, the name of purchaser, the amount of the purchase price and a description of any improvements on such land.
2. Upon the occurrence of any tax delinquency on state land sale contract lands, the county assessor of the county wherein the land is situated shall immediately notify the state land register of such delinquency. The notice shall contain a description of the land, the name of the purchaser and the date and amount of delinquency.
Sec. 5. NRS 321.210 is hereby amended to read as follows:
321.210 1. An occupant or person in possession shall have a preferred right to purchase all the lands he may be entitled to purchase under the provisions of this chapter, for the period of 6 months after the date of filing in the state land office of the official plat or plats covering the survey by the United States Government of the land occupied or possessed by him.
2. After the filing in the state land office of a formal application for lands not previously approved to the state, should one or more persons, each claiming a preferred right by reason of occupancy or possession, severally apply to purchase the same lands, the state land register shall require each of the claimants to make and deposit with his application an affidavit affirming occupancy or possession thereof dating prior to the filing of the first existing application for the lands so claimed.
3. An occupant or person in possession as named in this section shall [be deemed and considered to] include any person, as defined in NRS 321.180, who, after March 12, 1885, [shall commence, and prosecute] and before July 1, 1957, commenced and prosecuted with due diligence [,] the sinking of an artesian well upon any unoccupied public lands, subject to selection by the State of Nevada, according to [the requirements of] the provisions of chapter [534 of NRS] 127, Statutes of Nevada 1887, as amended by chapter 87, Statutes of Nevada 1889, providing bounties for the sinking of artesian wells.
κ1959 Statutes of Nevada, Page 489 (CHAPTER 325, AB 125)κ
prosecute] and before July 1, 1957, commenced and prosecuted with due diligence [,] the sinking of an artesian well upon any unoccupied public lands, subject to selection by the State of Nevada, according to [the requirements of] the provisions of chapter [534 of NRS] 127, Statutes of Nevada 1887, as amended by chapter 87, Statutes of Nevada 1889, providing bounties for the sinking of artesian wells. Every such person shall be entitled to all the rights and privileges of an occupant or person in possession, as to a preferred right to purchase, when he shall have complied with the provisions of chapter [534 of NRS] 127, Statutes of Nevada 1887, as amended by chapter 87, Statutes of Nevada 1889, concerning such well and the requirements [contained in] of this section as to diligence in the prosecution of the work. Upon proof being made before the proper court, as provided in NRS 321.230, that such person has complied therewith, his preferred right shall date from the commencement of the sinking of the well.
Sec. 6. NRS 321.335 is hereby amended to read as follows:
321.335 1. Notwithstanding any other provision of law, except NRS 321.450, after April 1, 1957, all sales of any lands to which the State of Nevada or any department, agency or institution thereof has title, except the department of highways, including lands theretofore subject to contracts of sale which have been forfeited, shall be governed by the provisions of this section.
2. Whenever the state land register deems it to be in the best interests of the State of Nevada that any lands owned by the state and not used or set apart for public purposes be sold, he may cause the same to be sold at public auction or upon sealed bids, for cash or pursuant to contract of sale, as hereinafter provided, at a price not less than the appraised value thereof and in no event at less than $3 per acre, plus the costs of appraisal and publication of notice of sale.
3. Before offering any such land for sale, the state land register shall cause the same to be appraised by a competent appraiser.
4. After receipt of the report of the appraiser, the state land register shall cause a notice of sale to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold is situated, and in such other newspapers as he may deem appropriate. If there is no newspaper published in the county where the land to be sold is situated the notice shall be so published in some newspaper published in this state having a general circulation in the county where the land is situated.
5. Such notice shall contain:
(a) A description of the land to be sold;
(b) A statement of the terms of sale;
(c) A statement of whether the land will be sold at public auction or upon sealed bids to the highest bidder; and
(d) If the sale is to be at public auction, the time and place of sale; or
(e) If the sale is to be upon sealed bids, the place where such bids will be accepted, the first and last days on which the same will be accepted, and the time and place such bids will be opened.
6. The state land register may reject any bid or offer to purchase if he deems such rejection to be in the public interest.
7. Upon acceptance of any bid or offer and payment to the state land register in accordance with the terms of sale specified in the notice of sale, the state land register shall cause a patent to be issued as provided in NRS 321.310 to 321.330, inclusive, or enter into a contract of sale as provided in NRS 321.240 to 321.300, inclusive, as appropriate; but every such contract shall require that the remainder of the purchase price be paid within 25 years from the date of the contract and that such contract shall immediately be declared forfeited if any installment of principal or interest remains unpaid for a period of 6 months after the same was due and payable pursuant to the contract.
κ1959 Statutes of Nevada, Page 490 (CHAPTER 325, AB 125)κ
land register in accordance with the terms of sale specified in the notice of sale, the state land register shall cause a patent to be issued as provided in NRS 321.310 to 321.330, inclusive, or enter into a contract of sale as provided in NRS 321.240 to 321.300, inclusive, as appropriate; but every such contract shall require that the remainder of the purchase price be paid within 25 years from the date of the contract and that such contract shall immediately be declared forfeited if any installment of principal or interest remains unpaid for a period of 6 months after the same was due and payable pursuant to the contract.
8. Nothing in this section shall apply to or affect any pending contract or application for the purchase of land from the State of Nevada, whether title thereto is in the state or the state is in the process of acquiring title thereto under any method of exchange or selection between the state and the United States or any department or agency thereof.
9. A revolving fund in the sum of $1,000, to be known as the state land register appraisal and publication revolving fund, is hereby created to be used by the state land register in paying, in the manner provided by law, the necessary expenses incurred in carrying out the provisions of subsection 2.
Sec. 7. There is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $1,000 for the state land register appraisal and publication revolving fund, to be used as provided in NRS 321.335.
Sec. 8. NRS 321.450 is hereby amended to read as follows:
321.450 1. 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.
2. The commission shall sell and dispose of lands in the Eldorado Valley in accordance with plans and procedures of the commission.
Sec. 9. NRS 408.215 is hereby amended to read as follows:
408.215 1. The engineer shall have charge of all the records of the department, keeping records of all proceedings pertaining to the department and keeping on file information, plans, specifications, estimates, statistics and records prepared by the department, except those financial statements described in NRS 408.870, which shall not become matters of public record.
2. The engineer shall maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the department of highways.
3. The engineer shall promulgate such rules and regulations as may be necessary to carry out and enforce the provisions of this chapter.
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κ1959 Statutes of Nevada, Page 491κ
Assembly Bill No. 137Mr. Humphrey (Washoe)
CHAPTER 326
AN ACT to amend NRS sections 623.020, 623.040, 623.120, 623.130, 623.210, 623.230, 623.250, 623.260, 623.270, 623.280, 623.290, 623.310, 623.320, 623.330, 623.360, 623.380 and 623.390, relating to architects, by amending definitions of certain words and terms; by amending provisions relating to the seal of the state board of architecture, duties of the secretary thereof, acceptable qualifications of applicants in lieu of examinations, the official register of certificates of registration, the renewal and revocation of certificates of registration and the procedure therefor; by amending provisions relating to fees of applicants and registered architects and certain exemptions; by amending provisions concerning penalties by adding certain injunctive relief; by amending provisions relating to appeals from actions of the state board of architecture; to amend chapter 623 of NRS relating to architects by creating new provisions relating to employees of the state board of architecture and seals of registered architects; to repeal NRS section 623.240 relating to the duration of certificates of registration; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 623.020 is hereby amended to read as follows:
623.020 An architect is defined as a person who is [technically and legally] qualified to practice architecture [.] under the provisions of this chapter.
Sec. 2. NRS 623.040 is hereby amended to read as follows:
623.040 [1.] The practice of architecture is defined as the holding out to the public of services embracing the scientific, aesthetic, and orderly coordination of all the processes which enter into the production of a completed building, performed through the medium of unbiased plans, specifications, supervision of construction, preliminary studies, consultations, evaluations, investigations, contract documents, and oral advice and direction.
[2. The practice of architecture shall not embrace any of the functions of professional engineering as defined by the laws of Nevada.]
Sec. 3. NRS 623.120 is hereby amended to read as follows:
623.120 The board shall adopt an official seal. [, and all certificates issued, as provided for in this chapter, shall be signed by the chairman and the secretary of the board, and shall bear the imprint of the official seal.]
Sec. 4. NRS 623.130 is hereby amended to read as follows:
623.130 The secretary of the board shall keep a true and correct record of all proceedings of the board. [, and may employ such clerical assistance as the board may deem necessary.]
Sec. 5. NRS 623.210 is hereby amended to read as follows:
623.210 1. The board may, in lieu of all examinations, accept satisfactory evidence of any one of the qualifications set forth under the following paragraphs:
(a) A diploma of graduation from an architectural school or college showing that the applicant has completed a technical and professional course of not less than 4 years duration, which course is approved by the board, and, in addition thereto, has had at least 3 years of satisfactory experience, 2 years of which shall have been in the office or offices of a reputable architect or architects meeting all of the qualifications for practice under the provisions of this chapter.
κ1959 Statutes of Nevada, Page 492 (CHAPTER 326, AB 137)κ
factory experience, 2 years of which shall have been in the office or offices of a reputable architect or architects meeting all of the qualifications for practice under the provisions of this chapter. The board may require applicants under this paragraph to furnish satisfactory evidence of knowledge of professional practice and supervision of construction.
(b) Registration and certification as an architect in another state or country where the qualifications required are equal to those required in this chapter at the date of application.
[2. The board shall grant a certificate of qualification to practice and shall register without examination anyone who was engaged in the practice of architecture in this state on March 28, 1949, provided:
(a) That applicants under this subsection shall present proof of competency and qualifications to the board.
(b) That the application for such certificate and registration shall be made within 1 year after March 28, 1949.
3.] 2. Any architect who has lawfully practiced architecture for a period of 10 or more years outside this state, except as provided in paragraph (b) of subsection 1, shall be required to take only a practical examination, the nature of which shall be determined by the board.
Sec. 6. NRS 623.230 is hereby amended to read as follows:
623.230 The secretary of the board shall keep an official register of all certificates of [qualification] registration to practice architecture issued under the provisions of this chapter, and of the renewals of the same as provided for in this chapter. The register shall be properly indexed and shall be open for public inspection and information.
Sec. 7. NRS 623.250 is hereby amended to read as follows:
623.250 1. Each architect holding a certificate of [qualification] registration under the provisions of this chapter shall, before or during the month of each December preceding the year such holder shall desire to continue the practice of architecture, make an application, accompanied by the renewal fee provided for by this chapter, for a renewal of such certificate. [, whereupon the board shall provide a renewal of such certificate for a term of 1 year.]
2. Upon receipt of the renewal fee, the secretary of the board shall execute and issue a certificate renewal card to the applicant, certifying that his certificate of registration has been and is renewed for the term of 1 year. The certificate renewal card shall bear a serial number, be signed by the secretary of the board and shall be sealed with the seal of the board.
[2.] 3. Such certificate renewal card shall be duly recorded, together with its serial number, by the secretary of the board in the official register of the board as provided for in NRS 623.230.
Sec. 8. NRS 623.260 is hereby amended to read as follows:
623.260 Any holder of a certificate of [qualification] registration which has expired through failure to be renewed may obtain a renewal of such certificate, at any time within 1 year from the date of its expiration, upon application to and with the approval of the board. The time for renewal of such expired certificate may be extended at the discretion of the board.
Sec. 9. NRS 623.270 is hereby amended to read as follows:
κ1959 Statutes of Nevada, Page 493 (CHAPTER 326, AB 137)κ
623.270 The board may, by three concurring votes, revoke any certificate of [qualification] registration to practice architecture, issued or renewed under the provisions of this chapter, if proof satisfactory to the board be presented in any of the following cases:
1. In case it is shown that the certificate was obtained by fraud.
2. In case the holder of the certificate has been found guilty by the board or by a court of justice of any fraud or deceit in his professional practice, or has been convicted of a felony by a court of justice.
3. In case the holder of the certificate has been found guilty by the board of gross incompetency or gross negligence in the planning or construction of buildings.
4. In case the holder of the certificate has been found guilty by the board of signing plans for the construction of a building as a registered architect where he is not the actual architect of such building.
Sec. 10. NRS 623.280 is hereby amended to read as follows:
623.280 Proceedings for the revocation of a certificate of [qualification] registration to practice architecture shall be preceded by a 30-day written notice of the charges filed with the board. The time and place for the hearing of the charges shall be fixed in the written notice served the accused person, through counsel or by publication. At the hearing the accused shall have the right to be represented by counsel, to introduce evidence, and to examine and cross-examine witnesses. The board shall file a written report of its findings in the record of its proceedings and a copy of the report shall be sent to the accused.
Sec. 11. NRS 623.290 is hereby amended to read as follows:
623.290 In the event that the guilt of the accused is established in the opinion of the majority of the board, the secretary shall make proper entry in the record of its proceedings and in the register declaring that the certificate of [qualification] registration is revoked and shall give notice in writing of such revocation to the holder of the certificate.
Sec. 12. NRS 623.310 is hereby amended to read as follows:
623.310 The following fees shall be paid to the board:
For an examination for a certificate........................................................ [$25] $35
For rewriting an examination or a part or parts failed........................... 25
For a certificate of registration [and qualification]...................................... 25
For an annual renewal of a certificate, not exceeding........................... [10] 25
For the restoration of an expired certificate.................................................. 25
For the restoration of a certificate which has been revoked............... [25] 100
Sec. 13. NRS 623.320 is hereby amended to read as follows:
623.320 [Any applicant who fails to receive a certificate upon his first application, or to pass his first examination, may enter any stated examination held within 3 years from the date of his failure to procure a certificate, without the payment of any additional fee.]
1. If the applicant fails to pass a written examination, as provided in NRS 623.200, or any part thereof, he may retake the examination or the part or parts failed in a subsequent examination upon the payment of the fees, as provided in NRS 623.310.
κ1959 Statutes of Nevada, Page 494 (CHAPTER 326, AB 137)κ
2. An applicant shall be permitted to retake the examination, or the part or parts in which he has failed, two additional times, and upon failure to pass the examination or the part or parts previously failed, he shall be required to retake all parts of the examination after a period of 2 years and pay the $35 fee required for an examination for a certificate.
3. All persons who have previously failed the written examination prior to the passage of this amendatory act shall be entitled to take the written examination, or part or parts failed, two additional times within 2 years from the effective date of this amendatory act.
Sec. 14. NRS 623.330 is hereby amended to read as follows:
623.330 The following shall be exempted from the provisions of this chapter:
[1. Practice as an architect in this state by a person not a resident of and having no established place of business in this state, or by any person resident in this state but who has arrived in the state since the last holding of examinations for registration; provided, that such person shall have become an applicant for registration as an architect and shall have paid the fee provided for by this chapter. Such exemption shall continue for such reasonable time as the board requires in which to consider and grant or deny the application of such person.
2.] 1. Engaging in architectural work as an employee of a registered architect; provided, that the work may not include responsible charge of design or supervision.
[3.] 2. Practice of architecture by any person not a resident of and having no established place of business in this state as a consulting associate of an architect registered under the provisions of this chapter; provided, that such nonresident is qualified for such professional service in his own state.
[4.] 3. Practice of architecture solely as an officer or as an employee of the United States, or of a licensed contractor in this state.
[5.] 4. Practice of architecture by any person who is a licensed architect in another state or country whose laws regulating the practice of architecture are recognized by the National Council of Architectural Registration Boards; provided, that all fees required by the provisions of this chapter are paid by such person.
[6.] 5. A draftsman who does not hold himself out to the public as an architect.
6. A professional engineer registered under the provisions of chapter 625 of NRS.
Sec. 15. NRS 623.360 is hereby amended to read as follows:
623.360 1. Any person violating any provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced for the first offense to pay a fine of not less than $50 nor more than $200; and for a second or any subsequent offense shall be sentenced to pay a fine of not less than $200 nor more than $500.
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.
κ1959 Statutes of Nevada, Page 495 (CHAPTER 326, AB 137)κ
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.
Sec. 16. NRS 623.380 is hereby amended to read as follows:
623.380 1. The attorney general is hereby designated as the legal advisor of the board.
2. Nothing in this section shall be construed so as to prevent the board from employing legal counsel as provided elsewhere in this chapter.
Sec. 17. NRS 623.390 is hereby amended to read as follows:
623.390 1. An appeal may be taken from the action of the board refusing to grant or suspending or revoking a certificate of registration, [and qualification,] on the ground that the action of the board was unreasonable or unlawful, to the District Court of the First Judicial District or to the district court of the county in which the person who has been refused a certificate or whose certificate has been suspended or revoked has a bona fide residence.
2. The board shall be served with summons as in all other civil cases. The answer of the board shall be filed within 20 days after service of summons upon it.
3. The judgment of the district court may be reviewed by the supreme court.
Sec. 18. Chapter 623 of NRS is hereby amended by adding thereto the provisions set forth as sections 19 and 20 of this act.
Sec. 19. The board may employ legal counsel, investigators and other employees necessary to the discharge of its duties, and may fix the compensation therefor.
Sec. 20. 1. Upon being issued a certificate of registration, each registered architect shall obtain a seal of the design authorized by the board, bearing the architects name, the number of his certificate of registration, and the legend Registered Architect.
2. Plans, specifications, reports and other documents issued by a registered architect may be stamped with such seal.
3. It is unlawful for a person to stamp or seal any plans, specifications, reports or other documents with such seal after the certificate of registration of the architect, named therein, has expired or has been revoked, unless the certificate has been renewed or reissued.
4. Any registered architect who has been issued a certificate of registration prior to the effective date of this amendatory act shall, within 60 days after the effective date of this amendatory act, obtain a seal as required by the provisions of subsection 1.
Sec. 21. NRS 623.240 is hereby repealed.
Sec. 22. This act shall become effective upon passage and approval.
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κ1959 Statutes of Nevada, Page 496κ
Assembly Bill No. 149Messrs. Murphy, Hunter, Evans and Young
CHAPTER 327
AN ACT to amend chapter 244 of NRS, relating to county government, by allowing boards of county commissioners to authorize the use of county highway patrols and snowplows on private roads under certain conditions in an emergency.
[Approved March 30, 1959]
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 of each county may authorize the use of county highway patrols and snowplows on private roads in the event of an emergency if:
1. Such equipment is used by the county in the area wherein the private roads are located; and
2. There is no privately owned equipment for immediate hire or rent in the area; and
3. The prevailing rental rate for the use of such equipment is paid by the owners of such private roads to the county for such use; and
4. Such equipment is operated by county highway employees only.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 162Messrs. Jepson and Christensen (Washoe)
CHAPTER 328
AN ACT to amend NRS section 4.350, relating to appointment, salaries, bonds, powers and duties of clerks of justices courts, by increasing the maximum limit on salaries of such clerks in townships having a population of 7,000 or more, and allowing the board of county commissioners to fix such salary upon the recommendation of the justice of the peace.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 4.350 is hereby amended to read as follows:
4.350 1. In any township wherein there are cast at a general election not less than 1,625 votes nor more than 1,750 votes, the board of county commissioners shall appoint for the justices court of any such township, a clerk, and provide compensation therefor not to exceed $60 per month, upon the written nomination and recommendation of the duly elected, qualified and acting justice of the peace of the township.
2. In any township wherein the population at the last preceding census was 7,000 or more, the board of county commissioners may appoint a clerk for the justices court of the township, and provide compensation therefor, not to exceed [$250] $350 per month, upon the written nomination and recommendation of the duly elected, qualified and acting justice of the peace of the township.
κ1959 Statutes of Nevada, Page 497 (CHAPTER 328, AB 162)κ
compensation therefor, not to exceed [$250] $350 per month, upon the written nomination and recommendation of the duly elected, qualified and acting justice of the peace of the township.
3. The justices clerk appointed under the provisions of subsections 1 or 2 shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of such township and county.
4. The justices clerk shall have authority to administer oaths, take and certify affidavits and acknowledgments, issue process, enter suits on the docket, and do all clerical work in connection with the keeping of the records, files and dockets of the court, and shall perform such other duties in connection with the office as the justice of the peace shall prescribe.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 251Mr. Bleak
CHAPTER 329
AN ACT to amend NRS sections 483.250 and 483.280, relating to persons who may not be licensed to operate motor vehicles and instruction permits and temporary licenses, by requiring applicants for instruction permits to be at least 15 1/2 years of age; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.250 is hereby amended to read as follows:
483.250 The department shall not issue any license hereunder:
1. To any person, as an operator, who is under the age of 16 years, except that the department may issue: [a restricted license, or a temporary or restricted instruction permit, to any person who is at least 14 years of age and who comes within any of the provisions of NRS 483.270 and subsections 1 and 3 of NRS 483.280.]
(a) A restricted operators license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.270.
(b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.
(c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.
2. To any person, as a chauffeur, who is under the age of 18 years, except as provided in NRS 483.260.
3. To any person, as an operator or chauffeur, whose license has been revoked until the expiration of the period for which such license was revoked; nor to any person whose license has been suspended; but, upon good cause shown to the administrator, the department may issue a restricted license to such person or shorten any period of suspension.
κ1959 Statutes of Nevada, Page 498 (CHAPTER 329, AB 251)κ
4. To any person, as an operator or chauffeur, who is an habitual drunkard or is addicted to the use of narcotic drugs.
5. To any person, as an operator or chauffeur, who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law.
6. To any person, as an operator or chauffeur, who is required by this chapter to take an examination, unless such person shall have successfully passed such examination.
7. To any person when the administrator has good cause to believe that such person by reason of physical or mental disability would not be able to operate a motor vehicle with safety upon the highways.
8. To any person when the administrator has good reason to believe that the operation of a motor vehicle on the highways by such person would be inimical to public safety or welfare. Two or more convictions of driving while under the influence of intoxicating liquors or of stimulating or stupefying drugs shall be sufficient evidence of conduct inimical to the public welfare, and the administrator shall refuse to issue or renew an operators or chauffeurs license for a person so convicted until it shall have been proven to the reasonable satisfaction of the administrator that such issuance or renewal is not opposed to the public interest.
Sec. 2. NRS 483.280 is hereby amended to read as follows:
483.280 1. Any person who is at least [14] 15 1/2 years of age may apply [for a temporary] to the department for an instruction permit. The department may, in its discretion, after the applicant has successfully passed all parts of the examination other than the driving test, issue [such] to the applicant an instruction permit entitling the applicant, while having such permit in his immediate possession, to drive a motor vehicle upon the highways for a period of [60 days, but, except when operating a motorcycle, such person must be] 6 months when accompanied by a licensed operator or chauffeur who has had at least 1 year of driving experience and who is actually occupying a seat beside the driver [.] , except when the permittee is occupying a motorcycle. No license may be issued until the applicant has reached his 16th birthday.
2. The department may, in its discretion, issue a temporary drivers permit to an applicant for an operators license permitting him to operate a motor vehicle while the department is completing its investigation and determination of all facts relative to such applicants right to receive an operators license. Such permit must be in his immediate possession while operating a motor vehicle, and it shall be invalid when the applicants license has been issued or for good cause has been refused.
3. The department, upon receiving proper application, may, in its discretion, issue a restricted instruction permit effective for a school year, or more restricted period, to an applicant who is enrolled in a driver-education program which includes practice driving and which is approved by the department even though the applicant has not reached the legal age to be eligible for an operators license. Such instruction permit shall entitle the permittee when he has such permit in his immediate possession to operate a motor vehicle only on a designated highway or within a designated area, but only when an approved instructor is occupying a seat beside the permittee.
κ1959 Statutes of Nevada, Page 499 (CHAPTER 329, AB 251)κ
mit in his immediate possession to operate a motor vehicle only on a designated highway or within a designated area, but only when an approved instructor is occupying a seat beside the permittee.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 275Messrs. Schouweiler, McKissick and Swanson (By request)
CHAPTER 330
AN ACT to amend chapter 244 of NRS, relating to county government, commissioners and managers, by providing that inconsistent provisions of city building codes supersede less stringent provisions of county building codes, with respect to the 3-mile area outside such city; to amend NRS sections 278.340 and 278.580, relating to tentative maps of subdivisions and to building codes, by providing that more stringent provisions of building codes of a city supersede county building codes if not consistent therewith, with respect to the 3-mile area outside such city; by providing the procedure for approving a tentative map of a subdivision within 3 miles of the boundary of a city which has no planning commission; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
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:
1. A city building code which has rules, regulations and specifications more stringent than the building code of the county within which such city is located, shall supersede, with respect to the area within a 3-mile limit of the boundaries of such city, any provisions of such county building code not consistent therewith.
2. None of the provisions of this section shall be applicable to farm or ranch buildings in existence on the effective date of this act.
Sec. 2. NRS 278.340 is hereby amended to read as follows:
278.340 1. Whenever any subdivider proposes to subdivide any land within 3 miles of the exterior boundary of a city, which city has a planning commission, the subdivider shall file a tentative map of his proposed subdivision with the city planning commission. The city planning commission shall have not to exceed 30 days time for action on the map and report to the governing body of the county in which the subdivision is situated. The governing body of the county shall take into consideration the report of the city planning commission before approving the final map of any subdivision within the 3-mile limit.
2. If such city has no planning commission, the subdivider shall file a tentative map of his proposed subdivision with the governing body of the city, which shall report to the governing body of the county in which the subdivision is situated within 30 days after such filing. The governing body of the county shall take such report into consideration before approving the final map of any subdivision within the 3-mile limit.
κ1959 Statutes of Nevada, Page 500 (CHAPTER 330, AB 275)κ
Sec. 3. NRS 278.580 is hereby amended to read as follows:
278.580 1. The governing body of any city or county may adopt a building code, specifying the design, soundness and materials of structures and rules, ordinances and regulations for the enforcement of the building code.
2. The governing body may also fix a reasonable schedule of fees for the issuance of building permits.
3. A city building code which has rules, regulations and specifications more stringent than the building code of the county within which such city is located, shall supersede, with respect to the area within a 3-mile limit of the boundaries of such city, any provisions of such building code not consistent therewith.
4. None of the provisions of subsection 3 shall be applicable to farm or ranch buildings in existence on the effective date of this act.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 315Messrs. Bissett and Swanson
CHAPTER 331
AN ACT to amend NRS section 142.020, relating to bonds of executors and administrators, by allowing banking corporations to serve as executors and administrators without executing a bond, unless the court otherwise requires.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 142.020 is hereby amended to read as follows:
142.020 1. [Every] Subject to the provisions of subsection 6, every person to whom letters testamentary (unless the will otherwise provides) or letters of administration shall have been directed to issue shall, before receiving the letters, execute a bond to the State of Nevada, with two or more sureties to be approved by the district judge. In form the bond shall be joint and several, and the penalties shall not be less than the value of the personal property, including rents and profits belonging to the estate, which value shall be ascertained by the court by the examination on oath of the party applying, and of any other persons the judge may think proper to examine.
2. The district judge shall require an additional bond whenever the sale of any real estate belonging to an estate is ordered by him to be sold, in an amount necessary to make the total penalty the amount provided in subsection 1, treating the expected proceeds of the sale as personal property.
3. The bond shall be conditioned that the executor or administrator will faithfully execute the duties of the trust according to law, and shall be recorded by the clerk.
4. Nothing contained in this Title affects the right of any court or judge to accept as sole surety upon any bond or undertaking a surety company duly qualified to act as sole surety upon bonds or undertakings within this state.
κ1959 Statutes of Nevada, Page 501 (CHAPTER 331, AB 315)κ
5. Personal assets of an estate may be deposited with a domestic banking or trust corporation upon such terms as may be prescribed by order of the court having jurisdiction of the estate. The deposit shall be subject to the further order of the court. The bond of the executor or administrator may be reduced accordingly.
6. If a banking corporation, as defined in NRS 657.010, doing business in this state is appointed executor or administrator of the estate of a deceased, no bond shall be required of such executor or administrator, unless otherwise specifically required by the court.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 371Mr. Monaghan
CHAPTER 332
AN ACT to amend NRS section 423.220, relating to the education of children residing at the Nevada state childrens home, by deleting an obsolete description of the type of education such children shall receive; and by allowing the superintendent of such home to permit such children to attend certain parochial and private schools, at no expense to the state.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 423.220 is hereby amended to read as follows:
423.220 1. [All orphans and children admitted to the Nevada state childrens home shall, under the direction of the superintendent, be taught the usual branches of an English education. Female children shall be taught the useful occupations of housewifery and such other useful occupations as the superintendent may require.
2. Children] Except as provided in subsection 2, children residing at the Nevada state childrens home shall attend the public schools of the Ormsby County School District, and shall be entitled to receive therein the full attention, protection and instruction accorded to any other children.
2. The superintendent may, at the request of the parent or parents, allow any child residing at the Nevada state childrens home to attend parochial or private schools in Ormsby County and counties adjoining thereto, at no expense to the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 502κ
Assembly Bill No. 391Mr. Monaghan (by request)
CHAPTER 333
AN ACT to amend chapter 387 of NRS, relating to the financial support of the school system, by requiring the clerks of boards of trustees to notify boards of county commissioners on or before January 1 of intent to sell bonds in next succeeding year and the amount of such bonds; to amend NRS sections 387.340 and 387.535, relating to resolutions of boards of trustees to call bond elections; by requiring that a notice of the adoption of such resolution be transmitted to the boards of county commissioners; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. On or before January 1 preceding any fiscal year in which the board of trustees of a county school district intends to issue bonds, the clerk of such board of trustees shall notify, in writing, the board of county commissioners of the county whose boundaries are conterminous with the boundaries of such county school district of such intent. If the issue of such bonds was authorized by a prior bond election, the notice shall indicate the amount of such bonds to be issued in such year. If the issue of such bonds is contingent upon the outcome of a bond election to be held in such year, the notice shall indicate the amount of the bonds to be issued in such year if the issue thereof is authorized.
Sec. 3. On or before January 1 preceding any fiscal year in which the board of trustees of a joint school district intends to issue bonds, the clerk of such board of trustees shall notify, in writing, the boards of county commissioners of the counties whose areas are within the joint school district of such intent. If the issue of such bonds was authorized by a prior bond election, the notice shall indicate the amount of such bonds to be issued in such year. If the issue of such bonds is contingent upon the outcome of a bond election to be held in such year, the notice shall indicate the amount of the bonds to be issued in such year if the sale thereof is authorized.
Sec. 4. NRS 387.340 is hereby amended to read as follows:
387.340 1. When the board of trustees of a county school district deems it necessary to incur any bonded indebtedness authorized by NRS 387.335 to 387.525, inclusive, by issuing the negotiable coupon bonds of the county school district, the board of trustees shall, by a resolution adopted and entered in its minutes:
(a) Find the necessity of and state the purpose or purposes for incurring the bonded indebtedness.
(b) Determine the maximum amount of bonds to be issued.
(c) Call an election for submission of the question whether the negotiable coupon bonds of the county school district should be issued and sold to raise money for the purpose or purposes stated.
(d) Designate whether the election shall be consolidated with the next general election, or shall be a special election which the board of trustees is authorized to call.
κ1959 Statutes of Nevada, Page 503 (CHAPTER 333, AB 391)κ
(e) Fix the date of the elections.
2. The resolution adopted by the board of trustees pursuant to the provisions of subsection 1 shall fix a date for the election which will:
(a) Allow sufficient time for the electors of the county school district to register to vote pursuant to the provisions of chapter 292 of NRS; and
(b) Allow sufficient time for the county clerk to perform the duties required of him by chapter 292 of NRS.
3. Prior to the adoption of any such resolution the clerk of the board of trustees shall notify, in writing, the board of county commissioners of the county whose boundaries are conterminous with the boundaries of the county school district of the intention of such board of trustees to consider any such resolution.
Sec. 5. NRS 387.535 is hereby amended to read as follows:
387.535 1. When the board of trustees of a joint school district deems it necessary to incur any bonded indebtedness authorized by NRS 387.530 to 387.720, inclusive, by issuing the negotiable coupon bonds of the joint school district, the board of trustees shall, by resolution adopted and entered in its minutes:
(a) Find the necessity of and state the purpose or purposes for incurring the bonded indebtedness.
(b) Determine the maximum amount of bonds to be issued.
(c) Call an election for submission of the question whether the negotiable coupon bonds of the joint school district should be issued and sold to raise money for the purpose or purposes stated.
(d) Designate whether the election shall be consolidated with the next general election, or shall be a special election which the board of trustees is authorized to call.
(e) Fix the date of the election.
2. The resolution adopted by the board of trustees pursuant to the provisions of subsection 1 shall fix a date for the election which will:
(a) Allow sufficient time for the electors of the joint school district to register to vote pursuant to the provisions of chapter 292 of NRS; and
(b) Allow sufficient time for the county clerks to perform the duties required of them by chapter 292 of NRS.
3. Prior to the adoption of any such resolution the clerk of the board of trustees shall notify, in writing, the boards of county commissioners of the county whose areas are within the joint school district of the intention of such board of trustees to consider any such resolution.
________
κ1959 Statutes of Nevada, Page 504κ
Assembly Bill No. 398Committee on Ways and Means
CHAPTER 334
AN ACT to amend chapter 706 of NRS, relating to motor vehicle carriers, by creating a new section imposing an additional fee of $2 to be used to defray costs incurred for compensation of inspectors employed pursuant to NRS section 706.180; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In addition to the license fees provided by NRS 706.530, 706.540 and 706.550, the department shall collect from every person required to pay license fees as provided in NRS 706.530, 706.540 and 706.550 an additional fee of $2 for each power unit so licensed.
2. All moneys collected pursuant to this section shall be paid over to the state treasurer for deposit to the credit of the state highway fund, to be used to defray the costs of inspections incurred pursuant to NRS 706.180.
________
Assembly Bill No. 401Messrs. McKissick and Swanson
CHAPTER 335
AN ACT to amend Title 12 of NRS, relating to wills and estates of deceased persons, by adding a chapter providing procedures for the appointment of trustees of the property of persons missing for 90 days or more, and for the appointment of executors and administrators of and for the administration and distribution of, estates of persons declared to be missing for a continuous period of 7 years or more; by prescribing powers and duties of trustees, administrators and executors; by providing for notices, petitions and hearings; by providing limitations of actions; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 12 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 27, inclusive, of this act.
Sec. 2. If any resident of this state, who owns or is entitled to the possession of any real or personal property situate therein, is missing, or his whereabouts is unknown, for 90 days or more, and a verified petition is presented to the district court of the county in which his last-known residence was located by any member of his family or any friend, representing that his whereabouts have been, for such time, and still are, unknown, and that his estate requires attention, supervision and care of ownership, the court shall order such petition to be filed, and appoint a day for its hearing, not less than 10 days from the date of the order.
κ1959 Statutes of Nevada, Page 505 (CHAPTER 335, AB 401)κ
to be filed, and appoint a day for its hearing, not less than 10 days from the date of the order.
Sec. 3. The clerk of the court shall thereupon cause a notice to be published in some daily or weekly newspaper published in the county, at least 10 days prior to such hearing, stating that such petition will be heard at the courtroom of the court at the time appointed for the hearing. The court may direct further notice of the application to be given in such manner and to such persons as it may deem proper.
Sec. 4. The court shall hear the evidence offered in support of or in opposition to the petition, and, if satisfied that the allegations thereof are true, and that such person remains missing, and his whereabouts unknown, it shall appoint some suitable person as trustee to take charge and possession of such estate and manage and control it under the direction of the court.
Sec. 5. In appointing such trustee, the court shall prefer the wife of the missing person, or her nominee, and, in the absence of a wife, some relative of the missing person.
Sec. 6. 1. The trustee shall take possession of the real and personal estate in this state of such missing person, and collect and receive the rents, income and proceeds thereof, collect all indebtedness owing to him, and pay such indebtedness of the missing person as may be authorized by the court.
2. The court may direct the trustee to pay to the family of the missing person such sums of money for family expenses and support from the income and principal of the estate as it may, from time to time, determine.
Sec. 7. Every trustee appointed under this chapter shall give a bond in an amount to be fixed by the court.
Sec. 8. The trustee shall, when directed by the court, account to it for all his acts as trustee, and the court may, from time to time, upon good cause shown, remove any trustee, and appoint another in his place.
Sec. 9. 1. The trustee may sell any or all of the personal property or sell, mortgage or give a deed of trust upon any or all of the real property of the missing person when it is considered by the court to be in the best interest of the estate and all parties concerned including legatees and devisees and those who would be, in case of the death of such person, the heirs at law, and for that purpose shall file a petition with the court asking for an order directing and authorizing such sale, mortgage or deed of trust.
2. The petition shall be set for hearing not sooner than 10 days after the filing thereof and notice of such hearing shall be given by the clerk of the court by posting a notice at the courthouse door.
3. Notice shall also be given by registered mail to each of the persons who would be heirs at law of the missing person, if he were dead, and if it appears that such missing person left a will, like notice shall be given to each legatee and devisee mentioned therein, at their respective places of residence, and a return receipt shall be requested for each notice so mailed.
4. If the address of any such person is unknown, the notice shall be mailed by registered mail to such person at the county seat of the county in which the court is held, and an affidavit of the trustee shall be filed showing that such address is unknown, and stating what efforts he has made to learn the address.
κ1959 Statutes of Nevada, Page 506 (CHAPTER 335, AB 401)κ
be mailed by registered mail to such person at the county seat of the county in which the court is held, and an affidavit of the trustee shall be filed showing that such address is unknown, and stating what efforts he has made to learn the address.
Sec. 10. Proof shall be offered at the hearing provided for in section 9 of this act showing the reasons for making the sale, mortgage or deed of trust. If the court finds that it will be for the best interests of all persons concerned in the estate of the missing person to make such sale, mortgage or deed of trust, it shall order the trustee to proceed therewith in the manner provided in this Title for the sales, mortgages and deeds of trusts of deceased persons. No such sale, mortgage or deed of trust may take place prior to the expiration of 8 months from the date of the appointment and qualification of the trustee.
Sec. 11. If the missing person returns, the court, upon application of such person, or upon its own motion, shall require the trustee to render and file a verified account of the administration of the trust. The provisions of this Title relating to accounting by executors and administrators of estates of deceased persons shall apply to such accounting.
Sec. 12. Upon settling the account of the trustee, the court shall order the property of the missing person remaining in the hands of the trustee to be delivered to the owner thereof.
Sec. 13. If any person owning property in the State of Nevada has been absent from his last-known place of residence for a continuous period of 7 years, with his whereabouts for such period unknown to the persons most likely to known thereof, he shall be deemed to be a missing person, and all property of such person in the State of Nevada may be administered, as though such person were deceased, in the same manner provided in this Title for the administration of estates of deceased persons, subject to the conditions, restrictions and limitations prescribed in sections 13 to 27, inclusive, of this act.
Sec. 14. 1. If such person was a resident of this state at the time of his disappearance, the district court of the county in which that residence was located shall have jurisdiction of all proceedings initiated under sections 13 to 27, inclusive, of this act.
2. If such person was a nonresident of this state, the district court in any county where any real property of the missing person is located, or of the county where any personal property is located, if there is no real property in the state, shall have jurisdiction in such proceedings.
3. The title of all proceedings commenced and prosecuted under sections 13 to 27, inclusive, of this act, shall be entitled In the matter of the estate of ..............................., a missing person.
Sec. 15. 1. If a verified petition is presented to the court having jurisdiction, as provided in section 14 of this act, by his spouse or any of his family or friends, representing that his whereabouts have been for such period of time and still are unknown and that he left an estate which requires administration, the clerk of the court shall appoint a day for hearing such petition, not less than 3 months from the date of filing.
κ1959 Statutes of Nevada, Page 507 (CHAPTER 335, AB 401)κ
2. Such petition may be for administration of the estate or probate of the will of such person, as the case may be, and shall be verified to the best knowledge and belief of the petitioner.
3. Such petition shall set forth a statement of facts as required in the case of administration of estates of deceased persons and shall contain allegations as to the last-known place of residence of the missing person, when he disappeared therefrom, the fact that he has not been heard from by the person most likely to hear, naming such person and his relationship, for a period of 7 years or more, and the fact that his whereabouts are unknown to such person and the petitioner.
Sec. 16. Notice of hearing the petition for administration of the estate or probate of the will of the missing person shall be given in the manner provided in this Title for giving notice of hearing in the administration of estates of deceased persons, and notice shall be mailed by registered mail to the last-known address of the missing person, and proof by affidavit of such notices shall be filed prior to or at the hearing.
Sec. 17. 1. The court shall hear all evidence in support of or in opposition to the petition provided for in section 15 of this act, and, if satisfied that the allegations thereof are true, and that such person has remained missing for a continuous period of 7 years or more and that his whereabouts are unknown, shall appoint some qualified person as administrator or executor in the manner provided in this Title for the estates of deceased persons.
2. If the court grants such order, it shall fix and determine the time when such person left his last place of residence and abode and became missing and that his whereabouts have not been known continuously for a period of at least 7 years.
3. At the hearing the court may consider the testimony of any witnesses likely to know the last place of residence and whereabouts of such person, and may receive in evidence and consider the affidavits and depositions of other competent persons.
Sec. 18. Except for the purposes of paying taxes, assessments, liens, insurance premiums, allowing claims for debts contracted by the missing person before his disappearance or to prevent the depreciation of property on account of neglect or waste, or to specifically perform contracts made by the missing person before his disappearance, no sale, mortgage or other disposition or distribution of the property of such person shall be made until the lapse of 1 year after the appointment and qualification of the executor or administrator.
Sec. 19. No distribution of the property of such missing person to the heirs, devisees or legatees thereof shall be made until the lapse of 3 years after the appointment and qualification of the executor or administrator, unless the distributee gives a bond in a penal sum not less than the value of the property distributed and for such additional amount as the court may prescribe, conditioned for the return of the property or the value thereof to the representative of the estate in case the missing person be adjudicated to be still living since the commencement of such 7-year period, and also conditioned to save the representative of the estate harmless from the damages and expenses of all suits brought by the missing person or anyone succeeding to his rights, by reason of such distribution during such period of 3 years.
κ1959 Statutes of Nevada, Page 508 (CHAPTER 335, AB 401)κ
damages and expenses of all suits brought by the missing person or anyone succeeding to his rights, by reason of such distribution during such period of 3 years.
Sec. 20. 1. If any person, within 3 years after the appointment and qualification of a representative, files a verified petition, claiming to be the missing person, and causes a copy thereof to be served personally or by registered mail upon the representative and upon each of the persons entitled to share in the estate of such person upon the death thereof, and the legatees and devisees, the court shall determine the identity of the claimant at a hearing for such purpose.
2. The court may, upon application or of its own motion, require the claimant to give security to be approved by the court for all costs and expenses involved in the hearing and ultimate determination thereof, in case the outcome of such hearing be adverse to the claimant.
3. Such petition shall set forth the facts and circumstances of the claimants disappearance and continued absence, and other facts and circumstances upon which he relies for his identification.
Sec. 21. If the court determines that the claimant is the missing person, an order shall be made vacating all of the proceedings for administration, except those providing for the payment of taxes, assessments, liens, insurance premiums, allowed claims, the specific performance of contracts, preservation of the property, and any sale, encumbrance or other disposition of the property made in compliance with an order of the court. The remainder of the estate, less fees, costs and expenses incurred, shall be surrendered and delivered to the claimant.
Sec. 22. 1. If any other person within 3 years after the appointment and qualification of the representative files a verified petition claiming that the missing person died subsequent to the commencement of the 7-year period provided herein, and such petitioner is entitled to the property in the estate, or any portion thereof, as successor in interest to the rights of the missing person, and if such petitioner causes a copy of such petition to be served personally or by registered mail upon the representative of the estate and upon each of the heirs, legatees and devisees, the court shall determine the truth of the facts contained in such petition.
2. The court may, upon application or on its own motion, require the claimant to give security to be approved by the court for all costs and expenses involved in the hearing and determination of the truth of the facts contained in such petition, in case the hearing be decided adverse to such claimant.
3. If the hearing be decided in favor of the claimant, the court shall make and enter such order as the circumstances require.
Sec. 23. 1. If no claims are made during the 3-year period by any person claiming to be the missing person or a person claiming to have succeeded to the rights of such person, a conclusive presumption shall arise that the missing person died prior to the filing of the petition for the administration of his estate or the probate of his will.
2. In such event the estate shall be finally distributed accordingly, so far as the same has not already been accomplished, and the court shall order the estate closed and all liability of sureties, the representative and the distributees ended, and all bonds canceled.
κ1959 Statutes of Nevada, Page 509 (CHAPTER 335, AB 401)κ
shall order the estate closed and all liability of sureties, the representative and the distributees ended, and all bonds canceled.
Sec. 24. If the petition provided in section 15 of this act is filed more than 10 years after the disappearance of the missing person, the estate of such person may be finally distributed and closed at the end of 1 year from the filing of such petition, without a bond being given.
Sec. 25. No claims against the estate of such person, or against the representative of the estate or any surety or distributee may be brought by any person, including the missing person and persons claiming under him, after the expiration of 10 years from the date of disappearance as determined in the manner provided in section 17 of this act.
Sec. 26. The provisions of this chapter apply to all missing persons, whether their absence commenced prior to the effective date of this chapter, is still continuing, or commences subsequent to the effective date of this chapter.
Sec. 27. The administrator or executor to whom letters have been issued as provided in this chapter shall administer and distribute the estate of the missing person in the same manner and method and with the same force and effect as provided in this Title for the administration and settlement of estates of deceased persons, except as otherwise provided in this chapter.
Sec. 28. This act shall become effective upon passage and approval.
________
Assembly Bill No. 403Mr. McKissick
CHAPTER 336
AN ACT to amend chapter 3 of NRS, relating to district courts, by requiring the county clerk of each county to submit to the clerk of the supreme court a list of all cases submitted to, and remaining undecided by, the district court in the county during the previous month.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 3 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The county clerk of each county shall, on or before the 5th day of each month, prepare and submit to the clerk of the supreme court, a list of all cases, by title and number, submitted to the district court of such county during the preceding month, and remaining undecided during such month.
________
κ1959 Statutes of Nevada, Page 510κ
Assembly Bill No. 408Messrs. McKissick and Swanson
CHAPTER 337
AN ACT to amend NRS sections 78.475, 78.480, 78.490 and 78.510, relating to the merger or consolidation of domestic and foreign corporations, the agreements therefor, service of process thereafter and the procedure for appraisal of shares in certain cases, by allowing domestic corporations to merge or consolidate with corporations of any foreign country.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.475 is hereby amended to read as follows:
78.475 Any one or more corporations organized under the provisions of this chapter, or organized under the laws of this state and subject to the provisions of this chapter, may be merged or consolidated with one or more other corporations organized under the laws of any other state or states of the United States of America [,] or under the laws of any foreign country, if the laws under which the other corporation or corporations are formed shall permit such consolidation or merger. The constituent corporations may be merged into a single corporation, which may be any one of the constituent corporations, and which is designated as the surviving corporation in NRS 78.480 to 78.490, inclusive, or they may be consolidated to form a new corporation, which may be a corporation of the state of incorporation of any one of the constituent corporations as shall be specified in the agreement required by NRS 78.480 and 78.485 and which is designated as the consolidated corporation in NRS 78.480 to 78.490, inclusive.
Sec. 2. NRS 78.480 is hereby amended to read as follows:
78.480 1. All the constituent corporations shall enter into an agreement in writing which shall prescribe:
(a) The terms and conditions of the merger or consolidation.
(b) The mode of carrying the merger or consolidation into effect.
(c) The manner and basis of causing the shares of each of the constituent corporations to constitute or to be converted into shares of the surviving or consolidated corporation.
(d) Such other details and provisions as shall be deemed necessary or proper, including, but without limitation, any of the provisions permitted by NRS 78.455, 78.460 and 78.465.
2. There shall also be set forth in the agreement such other facts as shall then be required to be set forth in certificates of incorporation by the laws of the state [,] or foreign country, which are stated in the agreement to be the laws that shall govern the surviving or consolidated corporation and that can be stated in the case of a consolidation or merger.
3. If the agreement be for a merger and the surviving corporation is a corporation organized under the laws of this state, the agreement shall state any matters with respect to which the certificate or articles of incorporation of the surviving corporation are to be amended, and the certificate or articles of incorporation shall be deemed to be amended accordingly upon the filing of the agreement in the office of the secretary of state.
κ1959 Statutes of Nevada, Page 511 (CHAPTER 337, AB 408)κ
4. If the agreement be for a consolidation and the consolidated corporation is to be governed by the laws of this state, the agreement shall state the matters required or permitted by NRS 78.035 to be set forth in a certificate or articles of incorporation, and such statements shall be deemed to be the certificate or articles of incorporation of the consolidated corporation upon the filing of the agreement in the office of the secretary of state.
Sec. 3. NRS 78.490 is hereby amended to read as follows:
78.490 1. If the surviving or consolidated corporation is to be governed by the laws of any state other than the laws of this state [,] or by the laws of any foreign country, it shall agree that it may be served with process in this state in any proceeding for enforcement of any obligation of any constituent corporation organized and existing, prior to the merger or consolidation, under the laws of this state, including any amount fixed by appraisers or the district court pursuant to the provisions of NRS 78.510, and shall irrevocably appoint the secretary of state as its agent to accept service of process in an action for the enforcement of payment of any such obligation or any amount fixed by appraisers as aforesaid, and shall specify the address to which a copy of such process shall be mailed by the secretary of state.
2. Service of such process shall be made by personally delivering to and leaving with the secretary of state duplicate copies of such process. The secretary of state shall forthwith send by registered mail one of such copies to such surviving or consolidated corporation at its address so specified, unless such surviving or consolidated corporation shall thereafter have designated in writing to the secretary of state a different address for such purpose, in which case it shall be mailed to the last address so designated.
Sec. 4. NRS 78.510 is hereby amended to read as follows:
78.510 1. If within 30 days after the date written demand is served upon the surviving or consolidated corporation, the stockholder and the surviving or consolidated corporation fail to come to an agreement as to the fair cash value of the shares, the stockholder, provided he has complied with the conditions set forth in NRS 78.505, may appeal by petition to the district court of the county in which the principal office of the surviving or consolidated corporation is located, if such corporation is a corporation organized under the laws of this state, or to the second judicial district court of this state, if such corporation is a corporation organized under the laws of any state other than the laws of this state [,] or under the laws of any foreign country, to appoint three appraisers to appraise the fair cash value of such stockholders shares.
2. The appraisers shall proceed forthwith to determine the fair cash value per share of the stock, and the appraisers, or a majority of them, shall make a report within the time fixed by the court and shall file the report in court. The report of the appraisers as to the fair cash value of the shares, if not opposed within 10 days after the report shall have been filed in court, shall be confirmed by the court, and when confirmed shall be final and conclusive; but if the report is opposed, the opposition shall be tried summarily and judgment rendered thereon by the court.
κ1959 Statutes of Nevada, Page 512 (CHAPTER 337, AB 408)κ
3. If the appraisers or a majority of them fail to make and file a report within 10 days, or within such further time as may be allowed by the court, the court shall determine the fair cash value of the shares and render judgment therefor.
4. The costs of the proceeding, including reasonable compensation to the appraisers to be fixed by the court, shall be assessed or apportioned, as the court may consider equitable, but if the appraisal exceed the price offered by the surviving or consolidated corporation, the corporation shall pay such costs.
5. Any party shall have the right to appeal according to existing laws and rules of court, provided the appeal be taken within 10 days after the signing of the judgment.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 459Mr. McKissick
CHAPTER 338
AN ACT to amend NRS sections 153.020 and 153.050, relating to accounting and administration of trusts and to jurisdiction of courts, by clarifying provisions; by resolving inconsistencies; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 153.020 is hereby amended to read as follows:
153.020 1. Where any trust, life estate, or estate for years has been created by or under any will to continue after distribution, the district court shall not lose jurisdiction of the estate by final distribution but shall retain jurisdiction thereof for the purpose of the settlement of accounts under the trusts, life tenancies, or estates for years; and the distribution of the residue to those entitled thereto, which distribution may be upon petition of the trustee, or of his [executors or administrators,] successor in interest, or of any person entitled to share in the distribution.
2. Any trustee of any trust created by any will, or appointed to execute any trust created by any will, may, from time to time, pending the execution of his trust, [or may, at the termination thereof,] render and pray for the settlement of his accounts as trustee before the district court in which the will was probated, and in the manner provided for the settlement of the accounts of executors and administrators.
3. The trustee [, or in case of his death, his legal representatives,] shall, for that purpose, present to the court a verified petition setting forth the accounts in detail, with a report showing the condition of the trust estate, together with a verified statement of the trustee [or his legal representatives,] giving names and post office addresses, if known, of the beneficiaries. Upon the filing thereof, the clerk shall fix a day for the hearing and give notice thereof of not less than 10 days, by causing notice to be posted at the courthouse of the county where the proceedings are pending, setting forth the name of the trust estate, the trustee, and the day appointed for the settlement of the account.
κ1959 Statutes of Nevada, Page 513 (CHAPTER 338, AB 459)κ
days, by causing notice to be posted at the courthouse of the county where the proceedings are pending, setting forth the name of the trust estate, the trustee, and the day appointed for the settlement of the account. The court, or a judge thereof, may order such further notice to be given as may be proper.
4. Any trustee of any trust created by any will or appointed to execute any trust created by any will shall, at the termination thereof, render and pray for the settlement of his accounts as trustee in the manner provided in chapter 165 of NRS.
Sec. 2. NRS 153.050 is hereby amended to read as follows:
153.050 1. Whenever by law, or by the terms of any instrument creating a life estate, or an estate for years, the tenant is required to account for his use of the property of which he is tenant, then the provisions of this chapter concerning accounting by a trustee shall apply to the life tenant and tenant for years, and, after his death, to his executor and administrator.
2. Where no obligation to account during his tenancy is imposed upon the tenant, nevertheless such of the provisions of this chapter as apply to accounting by the executors and administrators of a trustee shall apply to the executors and administrators of the tenant, to the extent of determining the residue of the estate.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 27Washoe County Delegation
CHAPTER 339
AN ACT to amend an act entitled An Act concerning and relating to certain county officers in Washoe County, Nevada, and fixing their compensation and allowances, approved March 21, 1945, as amended.
[Approved March 30, 1959]
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 102, Statutes of Nevada 1945, as last amended by chapter 161, Statutes of Nevada 1955, at page 240, is hereby amended to read as follows:
Section 1. The compensation of the respective officers of Washoe County, Nevada, herein designated, is hereby fixed as follows, to be allowed, audited, and fixed monthly:
The sheriff of Washoe County shall receive a salary of [$7,500] $9,000 per annum, and such commissions as ex officio license collector, as are now allowed by law.
The sheriff shall also receive his actual traveling expenses necessarily incurred in criminal cases when it becomes necessary to travel a greater distance than five miles from the county seat. He shall receive his actual traveling expenses necessarily incurred in civil cases wherein the county of Washoe, State of Nevada, are parties thereto.
The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of [$7,500] $9,000 per annum.
κ1959 Statutes of Nevada, Page 514 (CHAPTER 339, AB 27)κ
board of county commissioners shall receive a salary of [$7,500] $9,000 per annum.
The county assessor shall receive a salary of [$7,500] $9,000 per annum.
The county assessor shall also receive a further sum of not more than $500 per annum for traveling expenses.
The district attorney shall receive a salary of [$7,500] $9,000 per annum.
The district attorney shall be allowed to employ, subject to the approval of the board of county commissioners, a special investigator at a salary to be fixed by the board of county commissioners, but in no event to exceed [$3,600] $6,000 per annum.
The county treasurer shall receive a salary of [$5,700] $7,200 per annum.
The county recorder and auditor shall receive a salary of [$7,500] $9,000 per annum.
The county commissioners of Washoe County shall each receive the sum of [$300] $400 per month, payable in equal monthly installments which shall be in full compensation for all services whatsoever required of such commissioners.
Sec. 2. This act shall become effective on the first day of the first month following its passage and approval.
________
Assembly Bill No. 94Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Legislative Commission)
CHAPTER 340
AN ACT to amend chapter 284 of NRS, relating to the state department of personnel, by authorizing elective officers and the heads of state departments, agencies and institutions to employ and fix salaries of deputies and employees necessary to fill the unclassified positions authorized by law; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Unless otherwise provided by law, elective officers and the heads of the several state departments, agencies and institutions are authorized to employ deputies and employees necessary to fill the unclassified positions authorized by law for their departments, and to fix the salaries of such deputies and employees within the limits of appropriations made by law.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 515κ
Assembly Bill No. 167Messrs. Swanson, Bissett, McKissick, Humphrey (Washoe), Bailey, Monaghan and Schouweiler
CHAPTER 341
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 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of Article XIV of the above-entitled act, being chapter 102, Statutes of Nevada, 1903, as last amended by chapter 184, Statutes of Nevada 1915, at page 274, is hereby amended to read as follows:
Section 2. The municipal court shall be presided over by a police judge. [, who] He shall be a citizen of the state, a bona fide resident of the city for a period of at least one year next preceding his election, [and he shall be] an elector and taxpayer in the city [.] , and a licensed and practicing attorney of the supreme court of this state, in good standing at the bar. The police judge shall devote his full time to the duties of his office and shall not engage in the private practice of law. He shall be elected by the qualified electors of the city at each general city election and shall hold office for the term of four years, and until his successor shall have been duly elected and qualified. He shall, before entering upon the discharge of his duties, make and execute to the city a good and sufficient bond in such sum and condition as the city council may prescribe, and the sureties thereon shall be subject to the approval of the city council.
Sec. 2. Section 9 of Article XIV of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 317, Statutes of Nevada 1953, at page 543, is hereby amended to read as follows:
Section 9. The police judge shall receive a salary of [five thousand one hundred dollars ($5,100)] $10,000 per annum, payable in twelve monthly installments.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 516κ
Assembly Bill No. 241Clark County and Washoe County Delegations
CHAPTER 342
AN ACT to amend NRS section 3.310, relating to the appointment, qualifications, salary, powers and duties of bailiffs, by authorizing the appointment of bailiffs in a number equal to one less than the number of judges in each judicial district having more than one judge; and by providing for their salaries.
[Approved March 30, 1959]
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] may be a number of bailiffs equal to one less than the number of judges, each bailiff to be appointed by the joint action of the judges. If the judges cannot agree upon the appointment of [the] any bailiff within 30 days after a vacancy occurs in the office of bailiff, then the appointment shall be made by a majority of the board of county commissioners.
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 less than [$450] $500 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.
________
κ1959 Statutes of Nevada, Page 517κ
Assembly Bill No. 244Mr. Dieleman
CHAPTER 343
AN ACT to amend NRS section 333.300, relating to notices of proposed purchases by the state department of purchasing and the award of bids to the lowest bidder, by requiring sealed proposals which shall be received by the director of such department at his office and authorizing the rejection of any or all proposals under certain conditions; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 333.300 is hereby amended to read as follows:
333.300 1. The director shall give reasonable notice, by advertising and by written notice mailed to persons, firms or corporations in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchased in accordance with a schedule prepared in conformity with the provisions of NRS 333.140.
2. All such materials, supplies and equipment, except as otherwise provided in this section, when the estimated cost thereof shall exceed $500, shall be purchased by formal contract from the lowest responsible bidder, after due notice inviting [proposals.] the submission of sealed proposals to the director of the state department of purchasing at his office in Carson City, Nevada, until a date and hour as set forth in the proposal form, and at such date and hour the proposals shall be publicly opened. The department may reject any or all proposals, or may accept the proposal determined best for the interest of the state. Such notice shall be published as outlined in NRS 333.310.
3. In case of emergencies due to acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the director; but every effort should be made to secure the maximum competitive bidding under the circumstances, and in no case shall contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids. In awarding contracts for the purchase of supplies, materials and equipment, whenever two or more lowest bids are identical, the director shall give preference to proposals from firms operating with a place of business in Nevada which have paid state and county taxes in Nevada. In the purchase of equipment, consideration shall also be given to those firms which maintain an adequate supply of parts for such equipment in Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 518κ
Assembly Bill No. 395Committee on Social Welfare
CHAPTER 344
AN ACT to amend NRS sections 422.050 and 422.290, relating to the definition of public assistance and to the preservation and use of records, files and communications concerning applicants for and recipients of public assistance, by including aid to dependent children in the definition of public assistance and by providing for the preservation and use of child welfare information.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 422.050 is hereby amended to read as follows:
422.050 For the purposes of this chapter, public assistance [shall include] includes old-age assistance and [child welfare services on the state and county level.] aid to dependent children.
Sec. 2. NRS 422.290 is hereby amended to read as follows:
422.290 1. For the purpose of restricting the use or disclosure of any information concerning applicants for and recipients of public assistance or child welfare services to purposes directly connected to the administration of this chapter by the state welfare department, and to provide safeguards therefor, under the applicable provisions of the Social Security Act, the department is authorized, empowered, and directed to establish and enforce reasonable rules and regulations governing the custody, use and preservation of the records, files and communications filed with the department.
2. Wherever, under provisions of law or regulations of the department, names and addresses of, or information concerning, applicants for and recipients of assistance are furnished to or held by any other agency or department of government, such agency or department of government shall be bound by the rules and regulations of the department prohibiting the publication of lists and records thereof or their use for purposes not directly connected with the administration of the state welfare department.
3. Except for purposes directly connected with the administration of this chapter, no person [shall] may publish, disclose, use or permit or cause to be published, disclosed, or used any confidential information pertaining to a recipient of assistance under the provisions of this chapter.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 519κ
Assembly Bill No. 397Committee on Social Welfare
CHAPTER 345
AN ACT to amend the title of and to amend an act entitled An Act authorizing and directing the superintendent of the Nevada state childrens home to sell certain real property owned by the Nevada state childrens home and situate in Lyon County; providing for a method of sale, a minimum sales price and the disposition of the proceeds thereof; and other matters properly related thereto, approved March 14, 1957.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 99, Statutes of Nevada 1957, at page 139, is hereby amended to read as follows:
Section 2. The above-described parcel of land shall be sold at public sale, with reasonable notice thereof. [, at not less than $3,500.] The superintendent of the Nevada state childrens home shall have the right to reject any and all bids.
Sec. 2. The title of the above-entitled act, being chapter 99, Statutes of Nevada 1957, at page 139, is hereby amended to read as follows: An Act authorizing and directing the superintendent of the Nevada state childrens home to sell certain real property owned by the Nevada state childrens home and situate in Lyon County; providing for a method of sale, [a minimum sales price] and the disposition of the proceeds thereof; and other matters properly related thereto.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 416Ormsby County Delegation
CHAPTER 346
AN ACT to amend an act entitled An Act concerning elected and appointed county officers of Ormsby County, Nevada; fixing the salaries of all county officers in Ormsby County, Nevada; providing for the appointment and salaries of clerks and deputies in those offices; repealing all acts and parts of acts in conflict herewith; and other matters properly relating thereto, approved April 1, 1957.
[Approved March 30, 1959]
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 376, Statutes of Nevada 1957, at page 706, is hereby amended to read as follows:
Section 1. The elective and appointive officers hereinafter designated in this section shall receive the following annual salaries:
[Sheriff and ex officio assessor (until the 1st Monday in January 1959, and thereafter if the offices of sheriff and assessor are not separated according to law)....................... $5,400]
κ1959 Statutes of Nevada, Page 520 (CHAPTER 346, AB 416)κ
Sheriff [(after the 1st Monday in January 1959, if the offices of sheriff and assessor are separated according to law) 4,800]............................................................................... $5,760
County assessor [(on and after the 1st Monday in January 1959, if the offices of sheriff and assessor are separated according to law)................................................................... 4,800] 6,960
District attorney......................................................... [4,800] 5,760
County clerk and ex officio county treasurer........ [4,800] 5,760
County recorder and ex officio county auditor..... [4,800] 5,760
County commissioners, each................................... [1,500] 1,800
Sec. 2. This act shall become effective on the first day of the first month following its passage and approval.
________
Assembly Bill No. 417Ormsby County Delegation
CHAPTER 347
AN ACT to amend an act entitled An Act to incorporate Carson City, approved February 25, 1875, as amended.
[Approved March 30, 1959]
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 43, Statutes of Nevada 1875, as last amended by chapter 104, Statutes of Nevada 1941, at page 148, is hereby amended to read as follows:
Section 2. Carson City is and shall be divided into four wards by means of two intersecting lines, to wit: One northerly and southerly line following the center line of [Carson] Nevada street projected from the northerly to the southerly boundary of said city, and one easterly and westerly line following the center line of Telegraph street projected from the easterly to the westerly boundary of said city.
All that portion of said city northeast of the point of intersection of said line shall be the first ward; all that portion of said city southeast of said point of intersection shall be the second ward; all that portion of said city southwest of said point of intersection shall be the third ward, and all that portion of said city northwest of said point of intersection shall be the fourth ward; provided, that the boundary line between the easterly and the westerly wards shall be the northerly and southerly line first above mentioned and the boundary line between the northerly and southerly wards shall be the easterly and westerly line first above mentioned.
Sec. 2. Section 7 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, at page 89, is hereby amended to read as follows:
Section 7. [The Trustee or Trustees chosen at any election held under this Act, or appointed to fill a vacancy, shall take the official oath provided by law within five days after due notice of such election or appointment, and upon failure thereof his office shall be declared vacant; provided, that in case the person so elected be absent from the county at the time of his election, he shall be allowed twenty days in which to return and qualify and enter upon the duties of his office.]
κ1959 Statutes of Nevada, Page 521 (CHAPTER 347, AB 417)κ
in which to return and qualify and enter upon the duties of his office.] The election returns from any city election shall be filed with the city clerk, who shall immediately place the same in a safe or vault and no person shall be permitted to handle, inspect or in any manner interfere with the same until canvassed by the president and the board of trustees. The president and the board of trustees shall meet within 5 days after any election and canvass the returns and declare the result. The election returns shall then be sealed up and kept by the city clerk for 6 months and no person shall have access thereto except on order of a court of competent jurisdiction, or by order of the board of trustees. The city clerk, under his hand and official seal, shall issue to each person declared to be elected, a certificate of election. The officers so elected shall qualify by taking the official oath provided by law and shall enter upon the discharge of their respective duties 30 days after the day on which the canvass of returns was made as above provided.
Sec. 3. Section 8 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 374, Statutes of Nevada 1957, at page 704, is hereby amended to read as follows:
Section 8. The members of the board of trustees, [immediately upon taking the oath of office as provided in section 7 hereof,] upon entering upon the discharge of their duties as provided in section 7 hereof, shall organize and proceed upon the duties of their offices. A president pro tempore shall be elected by the board of trustees from among its members, as soon after its organization as practicable, and the president pro tempore shall have the power to act in case of the absence of the president or his inability to act.
Sec. 4. Section 16 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 332, Statutes of Nevada 1957, at page 547, is hereby amended to read as follows:
Section 16. The justice of the peace of Carson township, Ormsby County, shall, in addition to the duties now imposed upon him by law, act as the recorder of Carson City, and shall be ex officio the city recorder, with the like jurisdiction as commonly conferred upon recorders courts in municipal corporations, subject to appeals taken to the district court, as from [justices of the peace.] justices courts. He shall receive a monthly salary [of $100.] as provided by law. The recorder of Carson City shall have the power to issue all warrants, writs, and process necessary to a complete and effective exercise of the jurisdiction of said court, and may punish for contempt in like manner and with the same effect as is provided by general law for justices of the peace. He shall keep a docket in which shall be entered all official business in like manner as in [justice] justices courts. He shall prepare bonds, justify bail, and administer all oaths. He shall render monthly or oftener as the board of trustees may prescribe, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as fines uncollected, since his last report, and shall, at the same time, render and pay unto the city treasurer all fines collected and money received on behalf of the city since the last report.
Sec. 5. Section 19 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 264, Statutes of Nevada 1955, at page 428, is hereby amended to read as follows:
κ1959 Statutes of Nevada, Page 522 (CHAPTER 347, AB 417)κ
Statutes of Nevada 1875, as last amended by chapter 264, Statutes of Nevada 1955, at page 428, is hereby amended to read as follows:
Section 19. The fees, salaries, or compensation of the officers hereinbefore provided for, except as may be otherwise provided in this act, shall be regulated by regularly enacted ordinances as to salary, and by resolution as to compensation for persons not regularly employed by the city; provided, that each of the trustees of Carson City, other than the president of the board of trustees, shall receive a salary at the rate of [$600 the] $900 per year, payable in equal monthly installments, and the trustee at large and ex officio mayor and president of the board of trustees shall receive a salary at the rate of [$1,200 the] $1,800 per year, payable in equal monthly installments. All claims for fees or expenses necessarily or properly incurred in carrying on the legitimate purposes and duties of the city government, as provided in this act, shall be presented to the board of trustees, who shall consider and allow or reject the same in their order as presented to the clerk of the board, and the record of their action shall be entered upon their journal. Upon the allowance in whole or in part of any claims by a majority of the board of trustees, the city clerk shall draw a warrant upon the city treasurer for the amount so allowed, and shall state on the same, in general terms, the nature of the claim; upon the presentation of said warrant to the city treasurer he shall immediately pay the same, if, upon reference to its number and the amount of claims allowed by the board and having preference thereto in their order, there is money in his hands in the fund upon which the warrant is drawn to pay the same, but if he has no such money he shall endorse on said warrant not paid for want of funds, adding thereto the date of such endorsement, and signing his name officially thereto, and thereafter he shall pay such warrant out of the first money applicable thereto in its order. All warrants drawn upon the general fund shall be numbered according to the order of the allowance of the claim for which the same is drawn. Before twelve oclock on the second Monday in each month the city treasurer shall put a notice in a conspicuous place in his office, showing the number and amount of each outstanding warrant, if any, which there is money in the general fund to pay, in its order and number. On paying any warrant the city treasurer shall write across the face thereof, in red ink, redeemed, with the date of redemption and sign his name officially thereto, and the warrant so canceled shall be sufficient voucher for the treasurer as to the amount so paid in his official settlement with the board of trustees, which shall take place annually on the third Monday in December. The president of the board of trustees, or some member of the board appointed by the president, shall once in every three months examine the books and vouchers of the city treasurer concerning the state of finances in his hands, and report the result to the board, which shall be spread at large upon the journal of the board.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 523κ
Assembly Bill No. 432Ormsby County Delegation
CHAPTER 348
AN ACT to amend an act 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, as amended.
[Approved March 30, 1959]
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 319, Statutes of Nevada 1951, as last amended by chapter 263, Statutes of Nevada 1955, at page 427, is hereby amended to read as follows:
Section 2. That notwithstanding any other provision of law and/or of the Carson City charter as it now exists, from and after the first day of July 1951, subject always to the result of the election hereinafter provided, the following Ormsby county officers and officers of Carson township shall be and become ex officio officers of the incorporated city of Carson City:
(a) The county clerk and ex officio county treasurer shall be ex officio city clerk and city treasurer of said Carson City at a salary of [$100] $150 per month.
(b) The county recorder and ex officio county auditor shall be ex officio auditor of said Carson City at a salary of $100 per month.
(c) The county sheriff [and ex officio county assessor] shall be ex officio city marshal [and ex office assessor] of said Carson City at a salary of [$100] $150 per month.
(d) The district attorney shall be ex officio city attorney at a salary of [$125] $200 per month.
(e) The justice of the peace of Carson township, county of Ormsby, shall be ex officio city recorder of said Carson City at a salary of [$50] $100 per month.
[(f) In the event that the office of county sheriff and county assessor is hereafter divided, the county sheriff shall be ex officio city marshal, and shall receive a salary of $100 per month.]
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 524κ
Assembly Bill No. 445Committee on Ways and Means
CHAPTER 349
AN ACT to amend NRS sections 353.060 to 353.080, inclusive, relating to the monthly count of money in the state treasury, by requiring the legislative auditor alone to perform a count every 3 months; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 353.060 is hereby amended to read as follows:
353.060 1. At least once [a month] every 3 months and as often as it may be deemed proper, the [state board of examiners, and the officers specified in NRS 353.065,] legislative auditor shall count the money in the state treasury. The [board] legislative auditor shall not give the state treasurer any previous notice of the hour or day of the counting.
2. The state treasurer shall permit the money in the state treasury to be counted whenever the [state board of examiners] legislative auditor may wish to make the counting, without delaying the counting on any pretense whatever.
Sec. 2. NRS 353.065 is hereby amended to read as follows:
353.065 1. [Whenever the state board of examiners shall count the money in the state treasury, as required by law, in addition to a majority of the members of the state board of examiners being present, there shall also be present the chairman of the Nevada industrial commission, the director of the budget and the legislative auditor.
2. The state board of examiners, the chairman of the Nevada industrial commission, the director of the budget and the] The legislative auditor shall count all moneys and securities in the state treasury belonging to the state, or to any department thereof, and all moneys and securities of the Nevada industrial commission, and all other moneys and securities of which the state treasurer is custodian.
[3.] 2. The [director of the budget and the] legislative auditor shall [each] execute a surety bond, payable to the state, in the sum of $2,500, conditioned for the faithful performance of all duties which may be required of [them] him by law.
Sec. 3. NRS 353.070 is hereby amended to read as follows:
353.070 It shall be unlawful for the [state board of examiners or any member thereof, the chairman of the Nevada industrial commission, the director of the budget and the] legislative auditor to count as cash or moneys in the state treasury anything but actual money and case in the state treasury, or moneys on deposit in depositary banks secured as provided by law.
Sec. 4. NRS 353.075 is hereby amended to read as follows:
353.075 1. When the count of state moneys, funds and securities is completed, the [state board of examiners and the chairman of the Nevada industrial commission, the director of the budget and the] legislative auditor shall make an affidavit and file the same in the office of the secretary of state. When filed with the secretary of state, the affidavit shall be and become a public record.
κ1959 Statutes of Nevada, Page 525 (CHAPTER 349, AB 445)κ
2. The affidavit shall show separately:
(a) The actual amount of money in the state treasury, or in the custody of the state treasurer, in cash.
(b) The amount of moneys on deposit in banks, listing each depositary bank and the amounts on deposit, and the securities therein.
(c) A complete itemized list of all securities deposited with the state treasurer, or in the state treasury, or of which the state treasurer is custodian, showing the person, firm, corporation, department or commission for whom the state treasurer holds such moneys, fund or securities.
3. A copy of the affidavit shall be mailed forthwith to every depositary bank in which the state treasurer has on deposit moneys of the state. [and copies thereof shall be delivered to the Nevada industrial commission, the director of the budget and the legislative auditor.]
Sec. 5. NRS 353.080 is hereby amended to read as follows:
353.080 If [any member of the state board of examiners, or the chairman of the Nevada industrial commission, or the director of the budget, or] the legislative auditor willfully shall fail to perform the duties imposed under the provisions of NRS 353.065 to 353.075, inclusive, [for 3 successive months,] or willfully shall neglect or refuse to perform any duty enjoined thereunder, [or under the provisions of any law relating to the duties of members of the state board of examiners relative to the counting of cash and moneys in the state treasury,] he shall be deemed guilty of a misdemeanor in office.
Sec. 6. This act shall become effective upon passage and approval.
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Assembly Bill No. 448Clark County Delegation
CHAPTER 350
AN ACT to amend an act entitled An Act to incorporate the city of North Las Vegas in Clark County, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto, approved March 27, 1953, as amended.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 11 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 398, is hereby amended to read as follows:
Section 11. Mayor and Council, Salary of. The mayor shall receive for remuneration of his services the sum of [$1,200] $3,000 per year, payable in equal monthly installments. The councilmen shall receive remuneration for their services, as such, the sum of [$900] $1,800 per year, payable in equal monthly installments.
Sec. 2. Section 44 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 428, is hereby amended to read as follows:
Section 44. Statement of Finances. The city clerk shall prepare on or before the first Monday in [March] September of each year, and thereafter keep on file in his office, subject to public inspection, a detailed statement of the financial condition of the city and of all receipts and expenditures for the [previous] fiscal year, ending [December 31,] June 30, showing:
κ1959 Statutes of Nevada, Page 526 (CHAPTER 350, AB 448)κ
thereafter keep on file in his office, subject to public inspection, a detailed statement of the financial condition of the city and of all receipts and expenditures for the [previous] fiscal year, ending [December 31,] June 30, showing:
1. The total receipts of the city, stating particularly the source of each portion of revenue.
2. The amount of cash on hand at the date of the last report.
3. The amount of sinking fund and how invested.
4. The number, date and amount of every bond issued, or redeemed, and the amount received or paid therefor.
5. The indebtedness of the city, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part thereof.
6. Each warrant issued, to whom and on what account.
7. The amount of cash in the city treasury and its several funds. He shall publish on or before the first Monday in [March] September of each year, in some newspaper having general circulation in the city, a notice that such a detailed statement has been prepared, is on file in his office, and open to public inspection at all times.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 451Messrs. Humphrey (Washoe) and Bailey
CHAPTER 351
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 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10.55 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 223, Statutes of Nevada 1945, at page 413, is hereby amended to read as follows:
Section 10.55. Whenever, in the opinion of the city council, the benefits thereof are special rather than general or public, when by the provisions of this act the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands fronting upon, traversed by, or adjacent to, or otherwise benefited by such improvement, such assessment may be made in the manner hereinafter specified. When the city council shall determine to make any public improvement for which a special assessment is proper, as hereinbefore provided, and defray the whole or any part of the cost and expense thereof by special assessments, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, or portion of the expense thereof will be paid from other funds, and whether the assessment is to be made according to benefits or frontage, or area, and in case the assessment is to be made according to benefits or area they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed, and shall describe definitely the location of the improvement and state that the assessment is to be made upon all the lands benefited thereby according to benefit; or in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinances to so state with a definite location of the improvements to be made.
κ1959 Statutes of Nevada, Page 527 (CHAPTER 351, AB 451)κ
funds, and whether the assessment is to be made according to benefits or frontage, or area, and in case the assessment is to be made according to benefits or area they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed, and shall describe definitely the location of the improvement and state that the assessment is to be made upon all the lands benefited thereby according to benefit; or in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinances to so state with a definite location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district, or the location that the various parcels to be assessed can be ascertained and described by the city assessor. Before ordering any public improvement or repairs, any part of the expense of which is to be defrayed by special assessment, the city council shall cause estimates of the expense thereof to be made by the city engineer, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the city clerk for public examination, and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed by publication for two times in one of the newspapers of the city and by posting three notices near the site of the proposed work in some public and conspicuous places, and such notice shall state the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements. The city clerk shall also give notice of said hearing by first class mail, postage prepaid, deposited in the United States mails at least ten (10) days prior to the hearing, the notice to be addressed to each last-known owner of land proposed to be assessed for the cost of the improvements, at his last-known address, such addresses and owners being those appearing on the real property assessment rolls for general (ad valorem) taxes of the county of Washoe, and from any other source as the city clerk may deem reliable. Proof of such mailing shall be made by affidavit of the city clerk filed in the records of the city. The failure of any owner of such real property to receive such mailed notice or to see such published or posted notice shall not invalidate any assessment thereagainst.
Sec. 2. Section 10.85 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 223, Statutes of Nevada 1945, at page 417, is hereby amended to read as follows:
Section 10.85. When any special assessment shall be reported by the city assessor to the city council as in section 10.80 provided, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the city council shall cause a notice to be published for two times in some newspaper of the city, of filing of the same with the city clerk, and appointing a time when the city council and assessor will meet to review the assessments. Any person objecting to the assessment may file his objections thereto in writing with the city clerk at any time prior to the date of said meeting. The city clerk shall also give notice of said hearing by first class mail, postage prepaid, deposited in the United States mails at least ten (10) days prior to the hearing, the notice to be addressed to each last-known owner of land proposed to be assessed for the cost of the improvements, at his last-known address, such addresses and owners being those appearing on the real property assessment rolls for general (ad valorem) taxes of the county of Washoe, and from any other source as the city clerk may deem reliable.
κ1959 Statutes of Nevada, Page 528 (CHAPTER 351, AB 451)κ
city clerk shall also give notice of said hearing by first class mail, postage prepaid, deposited in the United States mails at least ten (10) days prior to the hearing, the notice to be addressed to each last-known owner of land proposed to be assessed for the cost of the improvements, at his last-known address, such addresses and owners being those appearing on the real property assessment rolls for general (ad valorem) taxes of the county of Washoe, and from any other source as the city clerk may deem reliable. Proof of such mailing shall be made by affidavit of the city clerk filed in the records of the city. The failure of any owner of such real property to receive such mailed notice or to see such published notice shall not invalidate any assessment thereagainst.
Sec. 3. The legislature of the State of Nevada has found, and does hereby declare, that the notice herein provided is reasonably calculated to inform the owners of taxable real property located within the boundaries of each local improvement district of each hearing in connection therewith, and that the giving of any further notice is impracticable and is unnecessary to the assurance of due process of law to such property owners.
Sec. 4. If any section, paragraph, clause or provision of this act shall for any reason be held invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 5. This act shall become effective upon passage and approval.
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Assembly Bill No. 453Elko County Delegation
CHAPTER 352
AN ACT to amend an act entitled 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.
[Approved March 30, 1959]
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 205, Statutes of Nevada 1957, at page 295, is hereby amended to read 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] $6,600 per annum.
The sheriff shall receive a salary of not less than $6,000 nor more than [$6,400] $9,000 per annum.
The county clerk shall receive a salary of not less than $5,400 nor more than [$6,000] $6,600 per annum [.] and such additional fees as may be authorized by county ordinance enacted pursuant to the provisions of subsection 1 of NRS 122.060.
κ1959 Statutes of Nevada, Page 529 (CHAPTER 352, AB 453)κ
may be authorized by county ordinance enacted pursuant to the provisions of subsection 1 of NRS 122.060.
The county recorder and ex officio county auditor shall receive a salary of not less than $5,400 nor more than [$6,000] $6,600 per annum.
The county assessor shall receive a salary of not less than $5,800 nor more than [$6,400] $7,600 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] $6,600 per annum.
The county commissioners of Elko County shall each receive a salary of $2,400 per annum.
Sec. 2. Section 2 of the above-entitled act, being chapter 205, Statutes of Nevada 1957, at page 295, is hereby amended to read as follows:
Section 2. The salaries and fees set forth in section 1, and fixed by formal resolution or ordinance of the board of county commissioners from time to time, shall be in full compensation for all services whatsoever rendered by such officers.
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Assembly Bill No. 467Messrs. Dyer and Fitz
CHAPTER 353
AN ACT relating to Churchill County, Nevada; authorizing and providing for financial improvements, extensions and betterments to the countys telephone and telegraph system, including but not limited to aircraft radar equipment and other military electronic equipment, by the issuance of bonds, and for refinancing, refunding and redeeming outstanding bonds; determining the conditions under which such bonds may be issued; providing for the payment thereof and interest thereon by the levy and collection of general taxes or by rates and charges in connection with the system, or by both; authorizing the acquisition of such improvements, extensions and betterments; specifying powers, duties, rights, privileges, liabilities and limitations in connection with such securities and the system; and prescribing other details in connection therewith.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of the county of Churchill, in the State of Nevada (herein sometimes merely designated as the board), in addition to the powers elsewhere conferred upon the board, is hereby authorized and empowered, without the necessity of an election or other or further preliminaries:
(a) To improve, extend and better the countys telephone and telegraph system, including, without limiting the generality of the foregoing, acquiring aircraft radar equipment and other military electronic equipment, buildings, furnishings and sites therefor, and all necessary lines, real property, facilities, machinery, equipment and appurtenances;
(b) To refinance, refund and redeem the outstanding Churchill County, Nevada, Telephone and Telegraph System Bonds, dated July 1, 1953, or any part thereof, at such time or times, in such manner and upon such terms as the board may determine; and
κ1959 Statutes of Nevada, Page 530 (CHAPTER 353, AB 467)κ
County, Nevada, Telephone and Telegraph System Bonds, dated July 1, 1953, or any part thereof, at such time or times, in such manner and upon such terms as the board may determine; and
(c) To defray wholly or in part the cost thereof by the issuance of the countys negotiable coupon bonds in the aggregate principal amount of not exceeding $900,000, or such lesser amount as may be necessary, which bonds may consist of one or more of the following types of municipal obligations:
(1) General obligation bonds;
(2) General obligation bonds, the payment of which is additionally secured by a pledge of all or a part of the revenues derived from the operation of the county telephone and telegraph system, and, if so determined by the board, further secured by a pledge of such other funds as may be legally made available for their payment; and
(3) Revenue bonds payable solely from the revenues to be derived from the operation of the system.
Sec. 2. Each series of bonds shall be authorized by ordinance. The bonds shall be of convenient denominations, shall be negotiable in form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest, shall be issued in one or more series, shall mature serially in regular numerical order at annual or other designated intervals, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by either of the aforesaid limitations, or at the option of the board, without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds, 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 or semiannually, except that the first coupon on any bond may represent interest for any period not in excess of 1 year. 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 ordinance authorizing the issuance of any series may provide for the redemption of any or all of the bonds prior to maturity, upon such terms, in such order, and upon the payment of such premium, if any, as the board may determine and state therein. The bonds, unless they be registered for payment as to principal and interest, 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, and countersigned by the county treasurer; and the bonds shall also be signed and attested by the county clerk with the official seal of the county affixed thereto. Facsimile signatures of the chaiman and county treasurer may be used on the coupons. The bonds shall otherwise be in such form and shall be printed at such place or places, within or without the State of Nevada, as may be determined by the ordinance, subject, however, to the following limitations and restrictions:
κ1959 Statutes of Nevada, Page 531 (CHAPTER 353, AB 467)κ
(a) General obligation bonds, regardless of whether they be additionally secured by any pledge of revenues, shall mature in not to exceed 30 years from the date thereof;
(b) Revenue bonds shall mature in not to exceed 40 years from the date thereof;
(c) The total amount of bonds of all types issued pursuant to the provisions of this act shall not exceed $900,000, but nothing in this act contained shall be construed as prohibiting the issuance of bonds in a lesser amount or amounts for the purposes herein authorized; and
(d) The bonds proposed to be issued pursuant to the provisions of this act may be delivered at one time or from time to time, provided that no such bonds shall be delivered after the expiration of 3 years from the effective date of this act.
Sec. 3. Notwithstanding any other provision of law, the board may in any proceedings authorizing bonds hereunder provide for the initial issuance of one or more bonds (in this section called bond) aggregating the amount of the entire issue, and may make such provision for installment payments of the principal amount of any such bond as it may consider desirable and may provide for the making of any such bond payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond. The board may further make provision in any such resolution for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal or principal and interest.
Sec. 4. The board is hereby authorized to sell such bonds at one time, or from time to time, as the board may determine, at public sale in accordance with NRS 350.120 to 350.160, inclusive, or at private sale, and for not less than the principal amount thereof and accrued interest to the date of delivery. 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 and other expert services in connection with the improvement, extension and betterment of the system and in connection with the authorization, issuance and sale of the 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. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the State of Nevada, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the county, and without regard to any statutory or charter 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 of probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due.
κ1959 Statutes of Nevada, Page 532 (CHAPTER 353, AB 467)κ
allowances of probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due. In any year in which the total taxes levied against the 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 10 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 reductions 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 for the payment of such 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 section 2 of article 10.
Sec. 6. The general obligation bonds authorized to be issued pursuant to the provisions of this act may be additionally secured by a pledge of all or a part of the revenues derived from the operation of the county telephone and telegraph system, and, upon a determination by the board that further security is required in order to render the bonds marketable, the bonds may be further secured by a pledge of such other funds or revenues of the county as may legally be made available for the payment of such general obligation bonds.
Sec. 7. The revenue bonds authorized to be issued pursuant to the provisions of this act shall be payable solely from the net revenues to be derived from the operation of the system, and shall be secured by a pledge of all or a specified part of the net revenues. Each such revenue bond shall recite in substance that the principal thereof, including the interest thereon, is payable from the revenues pledged to the payment thereof and does not constitute a debt of the county of Churchill within the meaning of any constitutional, statutory or charter limitations.
Sec. 8. In order to insure the payment of the revenue bonds of the county of Churchill the board shall establish and maintain, and in order to insure the payment, wholly or in part, of the general obligation bonds of the county of Churchill the payment of which is additionally secured by a pledge of the revenues of the system, the board may establish and maintain, and the board from time to time may revise, a schedule or schedules of fees, rates and charges for services rendered by or through the countys telephone and telegraph system, within the corporate limits of the county of Churchill, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the board authorizing the issuance of any of the bonds, including any covenant for the establishment of reasonable reserve funds.
Sec. 9. The ordinance or ordinances providing for the issuance of such bonds may state that the bonds may 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. Such ordinance or ordinances may also contain such other covenants and provisions for the protection of the bondholders as are deemed proper and appropriate by the board, including but not necessarily limited to any of the covenants set forth in NRS 350.420.
κ1959 Statutes of Nevada, Page 533 (CHAPTER 353, AB 467)κ
Sec. 10. 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 the State of Nevada or any subdivision thereof.
Sec. 11. Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or stamping thereon the word Paid, together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners. The auditor shall credit the treasurer on his books for the amount so paid.
Sec. 12. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal of and interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.
Sec. 13. The proceeds derived from issuing any bonds herein authorized shall be used only for the purpose or purposes for which the bonds are authorized to be issued; provided, however, that after such purpose or purposes are effected or adequate provision therefor is made, any remaining bond proceeds shall be deposited in a bond fund or reserve fund for the payment of the principal of or interest on the bonds, or both; and provided, further, that any accrued interest on any bonds paid by any purchaser at the time of their delivery and any premium paid therefor shall be used for the payment of interest on the bonds.
Sec. 14. Whenever the board shall have issued, or shall have authorized the issuance of, any securities herein authorized, the board, upon behalf of the county, in addition to other powers granted, shall have the following powers:
(a) To improve, extend and better the system, as hereinabove provided, and to improve, equip, use, supervise, maintain, control, operate and dispose of the facilities comprising the system, and part thereof, or interest therein, and to acquire, improve, maintain, operate and dispose of a site or sites, other real property, lines, equipment, fixtures, other improvements and appurtenances therefor;
(b) To insure or provide for the insurance of any project or part thereof against such risks and hazards as the county may deem advisable;
(c) To exercise the power of eminent domain in the manner provided by any applicable statutory provisions and laws of the State of Nevada and acts amendatory thereof and supplemental thereto, heretofore or hereafter adopted;
(d) To receive, control, invest and order the expenditure of any and all moneys and funds pertaining to any project;
(e) To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, any project.
(f) To hire and retain independent contractors, agents and employees, including but not limited to engineers, architects, fiscal agents, attorneys at law and any other persons necessary or desirable to effect the purposes of this act; and to prescribe their compensation, duties and other terms of employment;
κ1959 Statutes of Nevada, Page 534 (CHAPTER 353, AB 467)κ
attorneys at law and any other persons necessary or desirable to effect the purposes of this act; and to prescribe their compensation, duties and other terms of employment;
(g) To fix and levy, and from time to time increase and decrease, rates, tolls and charges for commodities, services or facilities furnished by, through or in connection with any project;
(h) To make and keep records in connection with any project;
(i) To arbitrate any differences arising in connection with any project;
(j) To commence, defend, conduct, terminate by settlement or otherwise, and otherwise participate in any litigation or other court, judicial or quasi-judicial action, either at law or in equity, by suit, action, mandamus or other proceedings, concerning any project;
(k) To use for or in connection with any project moneys, land and other real and personal property legally available therefor of the county not originally acquired therefor;
(l) To levy and collect from year to year for use for or in connection with any project general (ad valorem) property taxes in the manner provided by law, including but not necessarily limited to the payment of indebtedness incurred therefor;
(m) To use for or in connection with any project the proceeds of any tolls, rates, charges, fees, license taxes, other excise taxes or quasi-excise taxes legally available therefor which the county is empowered to fix, levy and collect;
(n) To make contracts and execute all instruments necessary or convenient; including but not limited to contracts with the Federal Government and the state;
(o) To acquire any construction work, improvement or improvements of any nature in connection with any project without public advertisement and letting; provided, however, that where the entire cost, value or amount of such work including labor and materials shall exceed $5,000, except such work done by employees of the county which supplies and materials purchased by either as hereinafter provided, or except by labor or supplies and materials, or all of such, supplied under agreement with the Federal Government or state, or both, shall be done only under independent contract to be entered into by the county with the lowest responsible bidder submitting the lowest and best bid upon proper terms after due public notice by publication has been given asking for competitive bids; the county shall have the right to reject any and all bids and to waive any irregularity in any bid; any contract may be let on a lump sum or unit basis; no contract shall be entered into for such work unless the contractor shall give an undertaking with a sufficient surety or sureties approved by the board and in an amount fixed thereby for the faithful performance of the contract; upon default in the performance of any contract, the proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise; The county shall have the power to make any improvement, or portion thereof, in connection with any project, directly by the officers, agents and employees thereof, with supplies and materials purchased or otherwise acquired therefor; all supplies and materials purchased therefor by the board (but not by a contractor) costing $500 or more shall be purchased only after notice by publication for competitive bids; the board shall accept the lowest bid, kind, quality and material being equal, but the board shall have the right to reject any and all bids, to waive any irregularity in any bid, but the provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer;
κ1959 Statutes of Nevada, Page 535 (CHAPTER 353, AB 467)κ
officers, agents and employees thereof, with supplies and materials purchased or otherwise acquired therefor; all supplies and materials purchased therefor by the board (but not by a contractor) costing $500 or more shall be purchased only after notice by publication for competitive bids; the board shall accept the lowest bid, kind, quality and material being equal, but the board shall have the right to reject any and all bids, to waive any irregularity in any bid, but the provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer;
(p) To borrow money and incur indebtedness and other obligations, and to evidence the same by the issuance of bonds, in accordance with the provisions of this act;
(q) To refund any bonds without an election; provided, however, that the obligation shall not be increased by any refunding except for any extension of the maturity of any bond refunded by not to exceed 15 years and for any increase in interest rates; and provided, further, that otherwise the terms and conditions of refunding bonds shall be substantially the same as those of the original issue of bonds, unless authorized by a majority of the qualified electors voting upon a proposal authorizing the issuance of the refunding bonds who are the owners of and the spouses of the owners of real property assessed on the assessment roll of the county, and by a majority of the other qualified electors voting thereon;
(r) To exercise all or any part or combination of the powers herein granted; and
(s) To do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of this act; and to have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this act. Such specific powers shall not be considered as a limitation upon any power necessary, convenient, desirable or appropriate to carry out the purposes and intent of this act.
Sec. 15. In addition to the powers elsewhere granted to the board herein, it, upon behalf of the county, without the necessity of an election or other or further preliminaries, is empowered:
(a) To borrow money or accept contributions, grants, other financial assistance, materials, supplies or services from the Federal Government or any agency, department or instrumentality thereof, corporate or otherwise (herein sometimes merely designated the Federal Government), for or in aid of any project herein authorized, and to comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable.
(b) To do any and all things necessary, convenient or desirable to secure the financial and/or cooperation of the Federal Government in the undertaking, acquisition, construction, maintenance or operation of any project herein authorized;
(c) To dispose of any part of the system, or of any commodity, service or facility furnished by or through the system, to the Federal Government upon such terms as the board determines to be equitable, by sale, lease, lease and option to purchase, installment purchase contract, utility service contract or other agreement not exceeding a term of 41 years; and
κ1959 Statutes of Nevada, Page 536 (CHAPTER 353, AB 467)κ
by sale, lease, lease and option to purchase, installment purchase contract, utility service contract or other agreement not exceeding a term of 41 years; and
(d) To pledge the purchase price, rentals, rentals and purchase option premium, sale installments, utility service fees or other moneys due under any such agreement to the payment of any securities herein authorized.
Sec. 16. The exercise of any power herein authorized by the board upon behalf of the county has been determined, and is hereby declared, to effect a public purpose, and the acquisition of any improvements, extensions and betterments to the system, as herein authorized, shall effect a public use.
Sec. 17. 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 part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 18. 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. 19. This act being necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect its purpose.
Sec. 20. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 21. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 537κ
Senate Bill No. 304Committee on Banks, Banking and Corporations
CHAPTER 354
AN ACT to amend chapter 673 of NRS and NRS sections 673.060, 673.080, 673.113, 673.260, 673.270, 673.273, 673.278, 673.290, 673.310, 673.327 to 673.329, inclusive, 673.460 and 673.495, relating to building and loan associations, the building and loan fund, articles of association and incorporation, issuance and renewal of licenses, bonds, fees, stock, capital, surplus, certificates, reserves, dividends, purchases and making of loans, subscriptions, security, insurance, examinations, traveling expenses and powers of the superintendent of banks, by providing that fees shall be paid into the general fund and that licenses shall be obtained prior to obtaining insurance; by providing for opposition to issuance of licenses and for the amount of bonds; by requiring a ratio between permanent stock and reserves and the value of outstanding certificates; by allowing a period in which to obtain such ratio; by providing penalties; by changing the types and amounts of loans which may be purchased or made and the limits thereon; by requiring approval of the state board of finance before the superintendent of banks may take possession of an association; by defining terms; by providing for additional loans and advances in connection with existing loans and the limits thereon; by providing for appraisals and for procedures and fees in connection therewith; to repeal NRS sections 673.010 to 673.030, inclusive, and 673.120 to 673.240, inclusive, relating to definitions and to bonds and deposits required to be made by associations with the state treasurer; and providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 673 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 37, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, words shall have the meanings assigned in sections 3 to 32, inclusive, of this act.
Sec. 3. Association means a building and loan association or savings and loan association subject to the provisions of this chapter.
Sec. 4. Board means the state board of finance.
Sec. 5. Certificates, contracts or securities means all of the instruments enumerated in NRS 673.070.
Sec. 6. Combination home and business structure means a building or buildings, including residences for not more than six families, which are used in part for business purposes, if the residential use of such a building is substantial and permanent, not merely transitory. The business use may predominate.
Sec. 7. Direct-reduction loan means a loan repayable in consecutive monthly installments, equal or unequal, beginning not later than 90 days after the date of the advance of the loan, sufficient to retire the debt, interest and principal within 30 years; but the initial loan contract shall not provide for any subsequent monthly installment of any amount more than 50 percent larger than any previous monthly installment.
Sec. 8. Dividend means that part of the net earnings of an association which is declared payable on savings accounts from time to time by the board of directors, and is the cost of savings money to the association.
κ1959 Statutes of Nevada, Page 538 (CHAPTER 354, SB 304)κ
to time by the board of directors, and is the cost of savings money to the association.
Sec. 9. Foreign, used in connection with an association, company or corporation, means an association, company or corporation organized or incorporated under the laws of some government other than that of the State of Nevada.
Sec. 10. Gross income means the sum for an accounting period of the following:
1. Operating income.
2. Real estate income.
3. All profits actually received during such accounting period from the sale of securities, real estate, or other property.
4. Other nonrecurring income.
Sec. 11. Home means a dwelling or dwellings for not more than six families, the principal use of which is for residential purposes, including a home on a farm.
Sec. 12. Home loan means a real estate loan the security for which is home property.
Sec. 13. Home property means real estate on which there is located or will be located pursuant to a home loan, a home or a combination home and business structure.
Sec. 14. Impaired condition means a condition in which the assets of an association do not have an aggregate value equal to the aggregate amount of liabilities of the association to its creditors, including its members and all other persons.
Sec. 15. Improved real estate means real estate on which there is a structure, which is cultivated, reclaimed, used for the purpose of agriculture in any form, or otherwise occupied, made better, more useful, or of greater value by care so as to produce an enjoyment thereof.
Sec. 16. Insured association means an association the savings accounts of which are insured wholly or in part by the Federal Savings and Loan Insurance Corporation.
Sec. 17. Member means a person owning a savings account of an association, or a person borrowing from or assuming or obligated upon a loan held by an association, or purchasing property securing a loan held by an association, and any other person obligated to an association. A joint and survivorship relationship, whether of investors or borrowers, constitutes a single membership.
Sec. 18. Membership share or investment certificate means any certificate or contract, either paid up or purchasable on an installment basis, which matures at a definite time or upon demand thereafter or which matures for a definite amount and which is issued for the purpose of providing a means of investment or savings or as a means of retiring an indebtedness and more than half of the proceeds from the sale of which are, or are intended to be, invested in or loaned upon real property, real property mortgages, real property deeds of trust, or in bonds, shares or other securities which are principally based for their security or earnings upon real property, or instruments secured by real property.
κ1959 Statutes of Nevada, Page 539 (CHAPTER 354, SB 304)κ
Sec. 19. Net earnings means gross income for an accounting period less the aggregate of the following:
1. Operating expenses.
2. Real estate expenses.
3. All losses actually sustained during such accounting period from the sale of securities, real estate or other property, or such portion of such losses as shall not have been charged to reserves, pursuant to the provisions of this chapter.
4. All interest paid, or due but unpaid, on borrowed money.
5. Other nonrecurring charges.
Sec. 20. Net earnings available for dividends means net earnings for an accounting period less amounts referred to reserves as provided in this chapter.
Sec. 21. 1. Operating expenses means all expenses actually paid, or due but unpaid, by an association during an accounting period, excluding the following:
(a) Real estate expenses.
(b) Interest on borrowed money.
(c) Other nonrecurring charges.
2. That portion of prepaid expenses which is not apportionable to the period may be excluded from operating expenses, in which event operating expenses for future periods shall include that portion of such prepaid expenses apportionable thereto.
Sec. 22. Operating income means all income actually received by an association during an accounting period, excluding foreclosed real estate income.
Sec. 23. Other real estate loan means a real estate loan the security for which is improved real estate other than home property.
Sec. 24. Real estate expenses means all expenses actually paid, or due but unpaid, in connection with the ownership, maintenance and sale of real estate, other than office building or buildings and real estate held for investment, by an association during an accounting period, excluding capital expenditures and losses on the sale of real estate.
Sec. 25. Real estate income means all income actually received by an association during an accounting period from real estate owned, other than from office building or buildings and real estate held for investment, excluding profit from sales of real estate.
Sec. 26. Real estate loan means any loan or other obligation secured by real estate, whether in fee or in a leasehold extending or renewable automatically for a period of at least 50 years, or any transaction out of which a lien or claim is created against such real estate.
Sec. 27. Regular lending area means the State of Nevada and any additional area located within a radius of 100 miles from the home office, whether within or without the state.
Sec. 28. Residential property means a building or buildings not exceeding 30 units, the residential use of which is substantial and permanent and not merely transitory.
Sec. 29. Savings account means that part of the savings liability of the association which is credited to the account of the holder thereof.
κ1959 Statutes of Nevada, Page 540 (CHAPTER 354, SB 304)κ
of the association which is credited to the account of the holder thereof.
Sec. 30. Savings liability means the aggregate amount of savings accounts, including dividends credited to such accounts, less redemptions and withdrawals.
Sec. 31. Superintendent means the superintendent of banks.
Sec. 32. Withdrawal value means the amount credited to a savings account, less lawful deductions therefrom, as shown by the records of the association.
Sec. 33. 1. No association whose stock, surplus, undivided profits and reserves are less than the amount specified in NRS 673.273 may:
(a) Issue investment certificates or withdrawal shares except in lieu of investment certificates or withdrawal shares theretofore issued.
(b) Receive additional funds upon investment certificates or withdrawal shares other than installment investment certificates or installment withdrawal shares.
2. The provisions of this section shall not prevent the crediting to investment certificates of interest earned thereon, or the crediting to withdrawal shares of dividends or earnings thereon, if the payment of such interest or dividends is not otherwise prohibited by the provisions of this chapter.
Sec. 34. 1. Nothing in this chapter requires any association to sell, transfer or dispose of any investment or loan made or purchased by such association before the effective date of this act. Any association may:
(a) Renew, extend the time of payment of, or rewrite any loan made before such date.
(b) Make additional advances or loans for the purpose of preserving the security of such loan or for the purpose of protecting the property securing such loan.
(c) Make any such renewal, extension, advance or loan to the borrower or to any successor in interest in the property securing the loan.
(d) Make loans on property sold by an association or extend credit thereof for the purpose of facilitating the sale of such property regardless of any other provision of this chapter.
2. No advance or loan may be made under the provisions of this section if such advance or loan would increase the total liability of the association making such advance or loan to more than 2 percent of total assets.
Sec. 35. No loan may be made upon the appraisement of, nor shall compensation for any appraisement be paid to any appraiser, officer or member of any committee who has not been first approved in writing by the superintendent for the association. The approval is subject to such limitations as the superintendent provides, and may be revoked for cause by the superintendent, after giving due notice to the appraiser and the association and holding a hearing.
Sec. 36. Every association shall appraise each parcel of real estate at the time of acquisition thereof. The report of each such appraisal shall be submitted in writing to the board of directors and shall be kept in the records of the association. The superintendent may require the appraisal of real estate securing loans which are delinquent more than 6 months.
κ1959 Statutes of Nevada, Page 541 (CHAPTER 354, SB 304)κ
than 6 months. The association whose securities are appraised under this section shall pay the expense of such appraisal to the superintendent upon demand.
Sec. 37. The superintendent may require each association to establish and maintain a specific loss reserve for the amount by which the book value of any asset exceeds the superintendents appraisal of such asset.
Sec. 38. NRS 673.060 is hereby amended to read as follows:
673.060 All fees and charges for expenses which are collected under the provisions of this chapter from foreign and domestic associations, companies and corporations governed by this chapter shall be [apportioned to a fund to be known as the building and loan fund and shall be used by the superintendent of banks for carrying out the provisions of this chapter.] paid into the general fund in the state treasury.
Sec. 39. NRS 673.080 is hereby amended to read as follows:
673.080 1. The secretary of state shall not issue any certificate to any such association or company authorizing it to do business until the articles of association, agreement or incorporation is approved by the superintendent of banks.
2. No amendment to such articles of any such organization may be filed by the secretary of state without the written approval thereof by the superintendent of banks.
3. No association may sell, offer for sale, negotiate for sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the superintendent of banks a license authorizing it so to do.
4. The application shall be in writing, be verified and be filed with the superintendent of banks.
5. In the application the association shall set forth:
(a) The names and addresses of its officers.
(b) The location of its office.
(c) An itemized account of its financial condition.
(d) The amount and character of its stock and shares.
(e) A copy of all minutes of any proceedings of its directors, shareholders or stockholders relating to or affecting the issue of such stock.
(f) Such additional information concerning the association, its condition and affairs as the superintendent of banks may require.
6. Upon the filing of the application the superintendent of banks shall examine it and the other papers and documents filed therewith. If he finds that the proposed issue will not mislead the public as to the nature of the investment or will not work a fraud upon the purchaser thereof, the superintendent of banks [shall] may issue to the association a license authorizing it to issue and dispose of its stock in such amounts as the superintendent of banks may in the license provide; otherwise he shall deny the application and notify the association in writing of his decision.
7. No association shall sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the superintendent of banks a license authorizing it to operate as a building and loan or savings and loan association under the laws of this state, and until it has, subsequent to obtaining such license, applied for and secured insurance under the rules and regulations of the Federal Savings and Loan [Association] Insurance Corporation.
κ1959 Statutes of Nevada, Page 542 (CHAPTER 354, SB 304)κ
subsequent to obtaining such license, applied for and secured insurance under the rules and regulations of the Federal Savings and Loan [Association] Insurance Corporation.
8. Upon approval of any application for a new license the superintendent shall notify all associations doing business within a radius of 50 miles of the principal place of business of the applicant of such approval. Any association notified may within 20 days protest the granting of the application. If no protest is received within 20 days, the superintendent shall issue the license.
9. Any applicant who is denied a license may appeal the decision to the state board of finance within 20 days of such denial.
Sec. 40. NRS 673.113 is hereby amended to read as follows:
673.113 1. Every association shall maintain a bankers blanket surety bond with a bonding company qualified to do business in this state, for an amount [equal to] to be determined by the superintendent not to exceed 5 percent of the total assets of the association, covering all officers, employees and agents and all other operating hazards that are normally covered under such a blanket bond. The bond shall insure the association.
2. A true copy of the bond shall be placed in the custody of the superintendent of banks and the original maintained in the office of the association at all times.
3. The bond shall provide that a cancellation thereof, either by the surety company or by the insured, shall not become effective unless and until 10 days notice in writing is first given to the superintendent of banks, or unless he earlier approves the cancellation.
Sec. 41. NRS 673.260 is hereby amended to read as follows:
673.260 1. The license mentioned in NRS 673.250 shall authorize the company, association, or corporation to whom it is issued to sell its approved securities and contracts within this state for the remainder of the fiscal year ending on June 30 next succeeding. Each license shall be renewable, under like restrictions, annually thereafter.
2. For the issuing of any license provided for in NRS 673.250 and for any renewal thereof, the fee of the superintendent of banks shall be $100 plus 15 cents for each $1,000 of gross assets as of December 31 of each year.
3. All sums so received by the superintendent of banks shall be forthwith delivered to the state treasurer and shall be [apportioned as provided in NRS 673.060.] paid into the general fund in the state treasury.
Sec. 42. NRS 673.270 is hereby amended to read as follows:
673.270 1. No person shall, as agent, representative or employee of any such foreign or domestic company, association or corporation, or in any other capacity, sell or solicit sales for any such securities or contract for the sale of securities until he shall have first been licensed as a salesman or solicitor for sales of such securities by the superintendent of banks.
2. No person shall be licensed for a period of more than 1 year, and he shall not be licensed until he has first satisfied the superintendent of banks as to his personal integrity.
3. For the issuing of any license provided for in this section and for any renewal thereof, the fee of the superintendent of banks shall be $2.
κ1959 Statutes of Nevada, Page 543 (CHAPTER 354, SB 304)κ
for any renewal thereof, the fee of the superintendent of banks shall be $2. All sums so received by the superintendent of banks shall be forthwith delivered to the state treasurer and shall be [apportioned as provide in NRS 673.060.] paid into the general fund in the state treasury.
Sec. 43. NRS 673.273 is hereby amended to read as follows:
673.273 1. The total permanent stock subscribed and paid plus the total of the [reserves] surplus, undivided profits and all reserves available for losses shall not at any time be less than [the following percentages of the aggregate certificate value of the outstanding invested capital, excluding permanent stock, standing on the records of the association as of January 1 of the year following July 1, 1957, and January 1 of each year thereafter:
(a) 3 percent of the first $5,000,000.
(b) 2 percent on $5,000,001 to $7,500,000.
(c) 1 percent on all over $7,500,000 to and including $10,000,000.] 5 percent of the aggregate certificate value of the outstanding investment certificates of the association. Any association which has not attained the ratio required by this section on the effective date of this act shall attain such ratio within 5 years in the following percentages and on the following dates:
(a) On October 31, 1959, 3.2 percent.
(b) On December 31, 1959, 3.4 percent.
(c) On June 30, 1960, 3.6 percent.
(d) On December 31, 1960, 3.8 percent.
(e) On June 30, 1961, 4 percent.
(f) On December 31, 1961, 4.2 percent.
(g) On June 30, 1962, 4.4 percent.
(h) On December 31, 1962, 4.6 percent.
(i) On June 30, 1963, 4.8 percent.
(j) On December 31, 1963, 5 percent.
2. No dividends shall be declared on permanent stock until the total of the permanent stock, surplus, undivided profits and all reserves available for losses is equal to 5 percent of the [invested capital, excluding permanent stock.] outstanding investment certificates and if payment of such dividends would reduce the capital structure to an amount below 5 percent.
3. Subject to the provisions of this chapter, permanent stock shall be entitled to the rate of dividend, if earned, fixed by the board of directors.
Sec. 44. NRS 673.278 is hereby amended to read as follows:
673.278 [An association may invest its funds in the purchase of a loan which complies with all requirements of this chapter in the making of real property loans.] The power of an association to make loans shall include:
1. The power to purchase loans of any type that the association may make.
2. The power to make loans upon the security of loans of any type that the association may make.
Sec. 45. NRS 673.290 is hereby amended to read as follows:
673.290 Any building and loan company, association or corporation, or savings and loan company, association or corporation, or other savings or home financing company, association or corporation, eligible to become a member of any federal home-loan bank is authorized and empowered to subscribe to the shares of any [federal savings and loan association domiciled within this state and may pay for such shares in cash or by the transfer of such assets of the subscriber as may be approved by the Federal Home Loan Bank Board in writing.]
κ1959 Statutes of Nevada, Page 544 (CHAPTER 354, SB 304)κ
tion, or savings and loan company, association or corporation, or other savings or home financing company, association or corporation, eligible to become a member of any federal home-loan bank is authorized and empowered to subscribe to the shares of any [federal savings and loan association domiciled within this state and may pay for such shares in cash or by the transfer of such assets of the subscriber as may be approved by the Federal Home Loan Bank Board in writing.] insured savings and loan association.
Sec. 46. NRS 673.310 is hereby amended to read as follows:
673.310 1. Subject to such regulations as may be prescribed by the Federal Housing Administrator [,] or Veterans Administration, building and loan associations are authorized:
(a) To make such loans and advances of credit, and purchases of obligations representing the loans and advances of credit, as are eligible for insurance by the Federal Housing Administrator [,] or are guaranteed by the Veterans Administration, and to obtain such insurance.
(b) To make such loans secured by mortgage on real property as are eligible for insurance by the Federal Housing Administrator [,] or are guaranteed by the Veterans Administration, and to obtain such insurance.
(c) To purchase, invest in, and dispose of notes or bonds secured by mortgage insured by the Federal Housing Administrator [,] or guaranteed by the Veterans Administration, securities of national mortgage associations, and debentures issued by the Veterans Administration or the Federal Housing Administrator.
2. No law of this state, nor any articles of incorporation or bylaws of any such building and loan associations or other corporations, prescribing the nature, amount or form of security or requiring security upon which loans or advances of credit may be made, or prescribing or limiting interest rates upon loans or advances of credit, or prescribing or limiting the period for which loans or advances of credit may be made shall apply to loans, advances of credit or purchases made pursuant to subsection 1.
3. All loans, advances of credit, and purchases of obligations described in this section heretofore made and insured pursuant to the terms of the National Housing Act or Servicemens Readjustment Act of 1944 are hereby validated and confirmed.
Sec. 47. NRS 673.327 is hereby amended to read as follows:
673.327 In addition to loans on homes and on combination of homes and business property, an association may make loans on other improved real property, on the direct reduction plan, repayable monthly within [20] 25 years, but not in excess of:
1. The maximum percentage acceptable to the insuring or guaranteeing agency, if an insured or guaranteed loan; or
2. [75 percent of the value of two-family to six-family residential property; or
3. 60 percent of the value of residential property for more than six families, but for not more than twelve families; or
4. 80 percent of the value of property used primarily for residential purposes if the loan is repayable monthly within a period of 20 years; or
κ1959 Statutes of Nevada, Page 545 (CHAPTER 354, SB 304)κ
5. 60 percent of the value of real property which is improved by an income-producing structure thereon if the loan is repayable monthly within a period of 20 years.] Eighty percent of the value of a home or combination home and business property; or
3. Seventy-five percent of the value of other improved real property, if the loan is repayable monthly within a period of 25 years; or
4. Thirty-five percent of the value of unimproved real property if the loan is repayable within a period of 2 years; but loans on unimproved real property may not at any time exceed 1 percent of the total assets of the association.
Sec. 48. NRS 673.328 is hereby amended to read as follows:
673.328 An association may make loans of the types enumerated in this section on the security of first liens on improved real property only when the resulting aggregate amount of the following investments does not exceed [15] 30 percent of the associations assets:
1. Loans in excess of [$30,000,] $35,000, after deducting each part of any such loan if secured by a blanket mortgage, which is apportionable in an amount not exceeding [$30,000] $35,000 to each home or combination of home and business property and residential property which is part of the security [.] or one-fourth of 1 percent of the associations assets, whichever is the greater.
2. Loans on improved real property other than homes or combination homes and business property [.] and residential property.
3. Loans on improved real property located [within the State of Nevada or not more than 100 miles from the home office of the association if an extension of its lending territory has been approved by the Federal Savings and Loan Insurance Corporation, or] outside the regular lending area of the association unless such loans are protected by insurance as provided in the National Housing Act, or the Servicemens Readjustment Act of 1944, as now or hereafter amended.
4. Noninstallment or straight mortgage loans [.] , except construction loans.
Sec. 49. NRS 673.329 is hereby amended to read as follows:
673.329 An association may make loans for property alteration, repair or improvement without the security of a lien upon such property if such loans are accepted for insurance under the provisions of the National Housing Act, as now or hereafter amended, or for insurance or guarantee under the provisions of the Servicemens Readjustment Act of 1944, as now or hereafter amended, and if:
1. The net proceeds of any such loan do not exceed [$3,500.] $5,000.
2. The property is located in the associations regular lending area.
3. Each such loan is evidenced by one or more negotiable notes, bonds, or other written evidences of debt.
4. The resulting aggregate amount of all such loans does not exceed an amount equal to 15 percent of the associations assets.
In addition to the foregoing, the association may make loans for property alterations, repair or improvements with the security of at least a second deed of trust upon such property if the net proceeds of any such loan do not exceed [$3,500.] $5,000.
Sec. 50. NRS 673.460 is hereby amended to read as follows:
κ1959 Statutes of Nevada, Page 546 (CHAPTER 354, SB 304)κ
673.460 1. Whenever in connection with such examinations it shall be necessary or expedient that the superintendent of banks or his deputy, or both, shall leave this state, there shall be assessed against the organization under examination a fee of [$10] $25 per day for each such superintendent of banks and deputy while without the state in such connection, together with all actual and necessary expenses.
2. The fee so charged shall be remitted to the superintendent of banks, who shall deliver the same to the state treasurer forthwith, and such fees shall be [apportioned as provided in NRS 673.060.] paid into the general fund in the state treasury.
Sec. 51. NRS 673.495 is hereby amended to read as follows:
673.495 The superintendent of banks may, with the prior approval of the state board of finance, demand and take possession of the property, business and assets of an association if any of the following occur:
1. The association does not comply with the order given pursuant to NRS 673.485, within the time specified therein.
2. It appears to the superintendent of banks that the association is in an unsafe condition or is conducting its business in an unsafe or injurious manner such as to render its further proceeding hazardous to the public or to any or all of its investors.
3. The superintendent of banks finds that the associations assets are impaired to such an extent that, after deducting all liabilities other than to its investors they do not equal or exceed the sum of the value of its outstanding shares and investment certificates and the par value of its outstanding stock.
4. The association refuses to submit its books, papers and accounts to the inspection of the superintendent of banks or any of his examiners, deputies or assistants.
5. Any officer of the association refuses to be examined upon oath concerning the affairs of the association.
Sec. 52. NRS 673.010 to 673.030, inclusive, and 673.120 to 673.240, inclusive, are hereby repealed.
Sec. 53. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 547κ
Senate Bill No. 93Senator Lamb
CHAPTER 355
AN ACT to amend NRS sections 202.340, 202.350 and 202.360, relating to the confiscation, destruction, manufacture, importation, sale, possession and carrying of dangerous weapons and explosives, by providing that possessing a switchblade knife or carrying a pistol, revolver or other firearm or any dangerous or deadly weapon constitutes a felony; by providing that the sheriff may authorize the carrying of any concealed weapon other than a switchblade knife; and by deleting the provision which constitutes the carrying of a dangerous weapon a nuisance; defining switchblade knife; to repeal NRS section 202.330, relating to permits to carry concealed weapons; providing penalties; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 202.340 is hereby amended to read as follows:
202.340 1. [The unlawful carrying of:
(a) A pistol, revolver or other firearm; or
(b) An instrument or weapon of the kind usually known as a blackjack, bludgeon, slung shot, billy, sand-club, sandbag or metal knuckles; or
(c) A dagger, dirk, or dangerous knife; or
(d) Any other dangerous or deadly weapon;
by any person except a peace officer or person while employed upon or traveling upon trains, stages or other public conveyances, or a person having permission from the board of county commissioners, attested by its clerk, of the county in which such weapon shall be carried, is declared to be a nuisance, and such weapons are declared to be nuisances.
2.] When any one or more of the instruments or weapons described in [subsection 1 shall be] NRS 202.350 are taken from the possession of any person charged with the commission of any public offense or crime the same shall be surrendered:
(a) To the sheriff of the county wherein the same [shall be] are taken; or
(b) To the head of the police force or department of an incorporated city when the possession thereof is detected by any member of the police force.
[3.] 2. The officer to whom the instruments or weapons [may be so] are surrendered shall, except upon certificate of a judge of a court of record or of the district attorney that the preservation thereof is necessary or proper in the ends of justice, proceed at such time or times as he deems proper, and at least once in each year, to sell such confiscated weapons or instruments at public auction. He shall deposit the proceeds of such sales with the city treasurer or county treasurer, as the case may be, and the city treasurer or county treasurer shall credit the same to the general fund of the city or county; provided:
(a) That notice of such public auction describing the weapons to be sold [shall be] is published once a week for 2 weeks preceding the date of the sale; and
κ1959 Statutes of Nevada, Page 548 (CHAPTER 355, SB 93)κ
(b) That in the event of the acquittal of any such person charged with the commission of any public offense or crime, any and all such weapons or instruments so taken from him as provided in this section [shall] are thereupon [be] returned to him upon demand therefor; and
(c) That any of such weapons which [shall be] are determined to be dangerous to the safety of the public [shall be] are destroyed or caused to be destroyed by the officer.
Sec. 2. NRS 202.350 is hereby amended to read as follows:
202.350 1. [After July 1, 1925, every] Every person who within the State of Nevada:
(a) Manufactures or causes to be manufactured, or who imports into the state, or who keeps for sale, or offers or exposes for sale, or who gives, lends or possesses any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Carries concealed upon his person any explosive substance, other than fixed ammunition; or
(c) Carries concealed upon his person any dirk, [or] dagger [;] or dangerous knife; or
(d) Carries concealed on his person a pistol, revolver or other firearm, or any other dangerous or deadly weapon;
shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for not less than 1 year nor more than 5 years.
2. Nothing in [this section shall be construed to apply to or affect:] subsection 1 of this section applies to or affects:
(a) Sheriffs, constables, marshals, peace officers, special police officers, policemen, whether active or honorably retired, [or] other duly appointed police officers [.] or persons having permission from the sheriff of the county as provided in subsection 3 of this section.
(b) Any person summoned by any [such officers] peace officer to assist in making arrests or preserving the peace while the person so summoned in actually engaged in assisting such officer.
(c) Members of the [Army, Navy or Marine Corps] Armed Forces of the United States when on duty.
3. The sheriff of any county may, upon written application showing the reason or the purpose for which the concealed weapon is to be carried, grant permission under its seal to the applicant, authorizing a person to carry, in such county, the concealed weapon described in the permit. No permit may be granted to any person to carry a switchblade knife.
4. For the purposes of this section, a switchblade knife is a knife having the appearance of a pocket knife, and includes a spring-blade knife, a snap-blade knife, or any other similar type knife, the blade or blades of which are 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle, or other mechanical device, or are released by any type of mechanism whatsoever.
Sec. 3. NRS 202.360 is hereby amended to read as follows:
κ1959 Statutes of Nevada, Page 549 (CHAPTER 355, SB 93)κ
202.360 1. The terms pistol, revolver, and firearm capable of being concealed upon the person, as used in this section, [shall be construed to] apply to and include all firearms having a barrel less than 12 inches in length.
2. After July 1, 1925, no unnaturalized foreign-born person, and no person who has been convicted of a felony in the State of Nevada, or in any one of the states of the United States of America, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, shall own or have in his possession or under his custody or control any pistol, revolver or other firearm capable of being concealed upon the person.
3. Any person who [shall violate] violates the provisions of this section shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for not less than 1 year nor more than 5 years.
4. Nothing in this section [shall be construed to apply to or affect:] applies to or affects:
(a) Sheriffs, constables, marshals, policemen, whether active or honorably retired, or other duly appointed police officers.
(b) Any person summoned by any such officers to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
(c) Members of the [Army, Navy or Marine Corps] Armed Forces of the United States when on duty.
Sec. 4. NRS 202.330 is hereby repealed.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 94Senator Lauritzen
CHAPTER 356
AN ACT to repeal chapter 521 of NRS relating to oil and gas wells.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 521 of NRS is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 550κ
Senate Bill No. 110Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)
CHAPTER 357
AN ACT to amend NRS section 680.210, relating to the power of the commissioner of insurance or other designated person to subpena witnesses and records, administer oaths and examine witnesses, by providing penalties for willful refusal or neglect to appear or produce books, records or papers, or refusal to be sworn or answer as a witness; and providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 680.210 is hereby amended to read as follows:
680.210 1. In the conduct of any examination, investigation or hearing provided for by this Title, the commissioner or other officer designated by him to conduct the same shall have power:
[1.] (a) To compel the attendance of any person by subpena.
[2.] (b) To administer oaths.
[3.] (c) To examine any person under oath concerning the business and conduct of affairs of any company or person subject to the provisions of this Title, and in connection therewith to require the production of any books, records or papers relevant to the inquiry.
2. Every person subpenaed under the provisions of this section who willfully refuses or willfully neglects to appear at the time and place named in the subpena or to produce books, records or papers required by the commissioner, or who refuses to be sworn or answer as a witness, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 10 days nor more than 30 days, or by both fine and imprisonment.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 111Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)
CHAPTER 358
AN ACT to amend NRS section 680.080 relating to the designation, salary, and powers and duties of the chief deputy commissioner of insurance.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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 [$6,600.] not more than $8,400.
κ1959 Statutes of Nevada, Page 551 (CHAPTER 358, SB 111)κ
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.
________
Senate Bill No. 143Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 359
AN ACT to amend NRS sections 435.020 and 435.040, relating to the care of feebleminded children, by providing that children in the Nevada state childrens home are entitled to such care at county expense and providing that a county bearing such expense may seek reimbursement from the parents if the child is a dependent child.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 435.020 is hereby amended to read as follows:
435.020 1. All children:
[1.] (a) Who are entitled to relief;
[2.] (b) Who are free from offensive or contagious diseases;
[3.] (c) Who are unable to pay for their support, education and instruction in any institution; and
[4.] (d) Whose parents, relatives, guardians or nearest friends are unable to pay for their support, education and instruction,
shall be entitled to the benefits [intended by] of this chapter.
2. All children in the Nevada state childrens home shall be entitled to the benefits of this chapter.
Sec. 2. NRS 435.040 is hereby amended to read as follows:
435.040 1. In case an inmate of the Nevada state childrens home is adjudged to be feebleminded, a responsible person or institution as designated in NRS 435.010 is authorized to receive the inmate from the superintendent of the Nevada state childrens home and shall make provision for such child in the same manner as if received from a board of county commissioners.
2. The county of the childs residence immediately preceding admission to the Nevada state childrens home shall bear the expense of transportation to the responsible person or institution and of the subsequent care.
3. If the child is a dependent child committed to the Nevada state childrens home under the provisions of NRS 423.210, the county shall be entitled to receive from the parent or parents, and to recover by appropriate legal action if necessary, all sums expended by the county under subsection 2; but the sum which the county may receive or recover shall not exceed the amount which the district court has ordered such parent or parents to pay under NRS 423.210.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 552κ
Senate Bill No. 152Committee on Agriculture and Irrigation
CHAPTER 360
AN ACT to amend NRS section 532.040, relating to the oath and bond of the state engineer, by substituting the director of the state department of conservation and natural resources for the governor as the appointing authority; to amend NRS section 532.060, relating to the salary of the state engineer; to amend NRS section 532.090 relating to employees of the state engineer; to amend NRS sections 532.140 and 532.170 to 532.190, inclusive, relating to reports and agreements of the state engineer and cooperation by the state engineer with other government agencies, by substituting the director of the state department of conservation and natural resources for the governor as receiving and approving authority; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 532.040 is hereby amended to read as follows:
532.040 Before entering upon the duties of his office, the state engineer shall:
1. Take and subscribe to an official oath, such as is provided by law for state officers, before some officer authorized by the law of this state to administer oaths; and
2. File with the secretary of state such oath and his official bond in the penal sum of $5,000, with not less than two sureties, to be approved by the governor, conditioned for the faithful performance of his duties and for the delivery to his successor, or other person to be appointed by the [governor] director of the state department of conservation and natural resources to receive the same, of all maps, papers, books, instruments and other property belonging to the state then in his hands and under his control, or with which he may be chargeable.
Sec. 2. NRS 532.060 is hereby amended to read as follows:
532.060 The state engineer shall receive an annual salary of [$10,000.] $12,000.
Sec. 3. NRS 532.090 is hereby amended to read as follows:
532.090 [1.] Subject to the provisions of chapter 284 of NRS, the state engineer may, with the consent of the director of the state department of conservation and natural resources, [employ an assistant state engineer, a deputy state engineer, a field engineer, an office engineer, an office manager, a secretary, and necessary stenographers and typists.
2. With the approval of the director of the state department of conservation and natural resources first had and obtained, the state engineer may employ such other assistants at such salaries or compensation as may be necessary, and such assistants shall, where practicable, be paid monthly as state officers are paid. Otherwise they shall be paid by the state treasurer on warrants drawn by the state controller on the certificate of the state engineer.] appoint such technical, clerical and operational staff as the execution of his duties and the operation of the the division may require.
Sec. 4. NRS 532.140 is hereby amended to read as follows:
κ1959 Statutes of Nevada, Page 553 (CHAPTER 360, SB 152)κ
532.140 The state engineer shall prepare and deliver to the [governor, on or before August 1 of the year preceding the regular session of the legislature, and] director of the state department of conservation and natural resources, at such [other] times as may be required by the [governor,] director, a full report of the work of his office, including a detailed statement of the expenditures thereof, with such recommendations as he may deem advisable.
Sec. 5. NRS 532.170 is hereby amended to read as follows:
532.170 1. Subject to the provisions of subsection 2 and with the approval of the [governor,] director of the state department of conservation and natural resources, the state engineer, for and on behalf of the State of Nevada, is authorized to enter into agreements with the United States Geological Survey, the United States Soil Conservation Service, and any state agency, subdivision or institution having jurisdiction in such matters, for cooperation in making stream measurements, underground water studies, snow surveys, or any investigations related to the development and use of the water resources of Nevada.
2. The expenses of such investigations and surveys shall be divided between the parties upon an equitable basis.
Sec. 6. NRS 532.180 is hereby amended to read as follows:
532.180 With the approval of the [governor,] director of the state department of conservation and natural resources, the state engineer, for and on behalf of the State of Nevada, is authorized to cooperate with the United States Government and the State of California in making a study of the various problems pertaining to the future needs and uses of the waters of Lake Tahoe in the area adjacent thereto, and, if it appears that at some future period there may be a shortage of water, to study ways and means of developing a supplemental water supply so that the development of the area will not be impeded and existing water rights not jeopardized.
Sec. 7. NRS 532.190 is hereby amended to read as follows:
532.190 1. With the approval of the [governor,] director of the state department of conservation and natural resources, the state engineer, for and on behalf of the State of Nevada, is authorized to enter into cooperative agreements with the various counties and cities of this state or with any private or public agencies for the conducting of weather modification or cloud seeding operations.
2. For the purposes of carrying out the provisions of this section, the state engineer is authorized and empowered to:
(a) Act for and represent the counties, cities and private or public agencies in contracting with private concerns for the performance of the weather modification or cloud seeding operations pursuant to the cooperative agreements.
(b) Accept contributions from any source whatever and deposit them in a bank approved by the superintendent of banks subject to the withdrawal by the state engineer or his duly authorized representatives for use in weather modification or cloud seeding operations.
(c) Form a committee under each cooperative program for the purpose of carrying out the cooperative agreement. The committee shall be composed of one representative from each body politic or private or public agency, and the state engineer or his duly authorized representative shall act as its chairman.
κ1959 Statutes of Nevada, Page 554 (CHAPTER 360, SB 152)κ
public agency, and the state engineer or his duly authorized representative shall act as its chairman.
(d) Adopt and promulgate reasonable rules and regulations for the purpose of furnishing data desired for record.
3. The provisions of this section shall not be construed as creating any liability or damages against the State of Nevada or against any of its officers, agents or employees.
4. Any person, firm, association, company or corporation violating any of the rules and regulations promulgated by the state engineer under subsection 2 shall be guilty of a misdemeanor.
________
Senate Bill No. 165Senator Echeverria
CHAPTER 361
AN ACT to amend chapter 125 of NRS, relating to divorce, separate maintenance and annulment, by prohibiting persons not parties to a divorce which is binding upon the parties thereto from contesting or attacking the validity of such divorce.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 125 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No divorce from the bonds of matrimony heretofore or hereafter granted by a court of competent jurisdiction of the State of Nevada, which divorce is valid and binding upon each of the parties thereto, may be contested or attacked by third persons not parties thereto.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 167Senator Brown
CHAPTER 362
AN ACT to amend NRS section 533.370, relating to approval and rejection of applications to appropriate public waters, and NRS section 538.170, relating to the duties of the Colorado River commission of Nevada with respect to waters of the Colorado River, by providing procedures relating to applications to appropriate waters of the Colorado River.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 533.370 is hereby amended to read as follows:
533.370 1. The state engineer shall approve all applications made in proper form where all fees, as provided in this chapter, have been paid which contemplate the application of water to beneficial use, and where the proposed use or change does not tend to impair the value of existing rights, or to be otherwise detrimental to the public welfare.
κ1959 Statutes of Nevada, Page 555 (CHAPTER 362, SB 167)κ
The state engineer shall either approve or reject each application within 1 year from the final date for filing protest; but:
(a) Action can be postponed by the state engineer upon written authorization to do so by the applicant or, in case of a protested application, by both the protestant and the applicant; and
(b) In areas where water supply studies are being made or where court actions are pending, the state engineer may withhold action until such time as it is determined there is unappropriated water or the court action becomes final.
2. Where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the permit asked for.
3. The refusal or approval of an application shall be endorsed on a copy of the original application, and a record made of such endorsement in the records of the office of the state engineer. The copy of the application so endorsed shall be returned to the applicant. If the application is approved, the applicant shall be authorized, on receipt thereof, to proceed with the construction of the necessary works and to take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is refused, the applicant shall take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as such refusal shall continue in force.
4. Anything in this chapter to the contrary notwithstanding, the state engineer shall not approve any application nor issue any permit in appropriate the waters of the Colorado River, which waters are held in trust by the Colorado River commission of Nevada pursuant to NRS 538.170, except after approval of such application by the Colorado River commission of Nevada. The commission and the state engineer are authorized to adopt such joint regulations as may be necessary for the purpose of carrying out the provisions of this section.
Sec. 2. NRS 538.170 is hereby amended to read as follows:
538.170 1. The commission is empowered to receive, protect and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters of the Colorado River and to the power generated thereon, now held by or which may hereafter accrue to the State of Nevada under and by virtue of any Act of the Congress of the United States or any compacts or treaties between states to which the State of Nevada may become a party, or otherwise.
2. Applications to appropriate such waters shall be made in accordance with chapter 533 of NRS and shall be subject to approval by the commission as set forth in NRS 533.370.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 556κ
Senate Bill No. 185Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 363
AN ACT to amend NRS section 450.070, relating to the appointment, election and terms of office of members of county boards of hospital trustees, by providing that no more than three members of the board shall be residents of the city or town in which the hospital is located.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 450.070 is hereby amended to read as follows:
450.070 1. Should a majority of all the votes cast upon the question in each county concerned be in favor of establishing a county public hospital, the board or boards of county commissioners shall immediately proceed to appoint five trustees who shall constitute a board of hospital trustees for the public hospital. Such appointed trustees shall:
(a) Be chosen from the citizens at large with reference to their fitness for office.
(b) Be residents of the county or counties concerned, but not more than three shall be residents of the city or town in which the hospital is to be located.
2. The trustees so appointed shall hold their offices until the next following general election, when five hospital trustees shall be elected, who shall hold their offices, three for 2 years and two for 4 years. At subsequent general elections, the offices of the trustees whose terms of office are about to expire shall be filled by the nomination and election of hospital trustees for terms of 4 years in the same manner as other county officers are elected. No more than three members of the board shall be residents of the city or town in which the hospital is located.
3. At the general election of 1956, a complete new board of five hospital trustees shall be elected for each existing county public hospital. Three trustees shall be elected for terms of 2 years and two trustees shall be elected for terms of 4 years. Thereafter, trustees shall be elected for terms of 4 years in the same manner as other county officers are elected. No more than three members of the board shall be residents of the city or town in which the hospital is located.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 557κ
Senate Bill No. 200Committee on Livestock
CHAPTER 364
AN ACT to amend Title 50 of NRS relating to animals, by adding a new chapter which defines terms, provides penalties, requires the licensing and bonding of livestock and farm products dealers and brokers, provides for the issuance, renewal, revocation and suspension of licenses and limits the application of the chapter; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 50 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 2 to 16, inclusive, of this act.
Sec. 2. As used in this chapter unless the context clearly requires otherwise:
1. Agent means any person buying or receiving, or soliciting or negotiating the sale, resale, exchange or transfer of livestock or farm products for or on behalf of any broker or dealer.
2. Board means the state board of stock commissioners.
3. Dealer or broker means any person buying, selling, receiving, exchanging, negotiating or soliciting the sale, resale, exchange or transfer of, any livestock or farm products.
4. Farm products includes all agricultural, horticultural, viticultural and vegetable products of the soil, poultry and poultry products, livestock and livestock products and hay, but not timber products, or milk and milk products.
5. Livestock includes all kinds and ages, and both sexes, singular and plural, of the bovine and equine species and sheep, goats and hogs.
6. Person means any individual, partnership, firm, corporation or association.
Sec. 3. After July 1, 1959, no person may act as a dealer or broker in this state without first securing a license therefor from the board.
Sec. 4. An application for a license as a dealer or broker shall be on forms prescribed and furnished by the board and shall set forth the applicants name, present address, addresses for the preceding 3 years, the county or counties in which the applicant proposes to engage in business, and the nature of the business, and such other information as the board may reasonably require.
Sec. 5. 1. Each applicant to whom a license to act as a dealer or broker is issued shall file a bond of a surety company authorized to do business in this state or a bond with individual sureties owning unencumbered real property within this state subject to execution and worth, above all exemptions, double the amount of the bond. The bond shall be in the form prescribed by, and to the satisfaction of, the board, conditioned for the payment of a judgment or judgments against the applicant furnishing the bond and arising out of the failure of the applicant or his agent to conduct his business in accordance with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products.
κ1959 Statutes of Nevada, Page 558 (CHAPTER 364, SB 200)κ
with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products.
2. In lieu of filing a bond, the dealer or broker may deliver to the board the receipt of a duly authorized bank or trust company in this state showing the deposit with such bank or trust company of case or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond. Any receipt shall be accompanied by evidence that there are no unsatisfied judgments against the dealer or broker of record in the county or counties in which the dealer or broker is doing business or wherein he resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this section.
3. The amount of such bond or deposit shall be $5,000.
4. Any person injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer or broker, may maintain a civil action against such dealer or broker and the surety or sureties on the bonds, or either of them.
Sec. 6. Each applicant shall pay to the board an annual license fee of $40.
Sec. 7. Upon receipt of an application for a license, accompanied by the required bond and license fee, the board shall examine the same and, subject to the provisions of section 13 of this act, the board shall grant the license as applied for.
Sec. 8. Any fee collected under the provisions of this chapter shall be deposited in the stock inspection fund.
Sec. 9. Licenses shall be in such form as the board may prescribe, shall be under the seal of the board and shall set forth:
1. The name and address of the dealer or broker.
2. The period of the license.
3. Such other information as the board reasonably may require.
Sec. 10. Licenses shall expire on June 30th of each year next succeeding their issuance and may be renewed annually upon application as in the case of original licenses.
Sec. 11. No agent may act for any dealer or broker unless such dealer or broker is licensed and has designated the agent to act in his behalf and notified the board in writing of the appointment of such agent. The dealer or broker is accountable and responsible for contracts made by his agents.
Sec. 12. 1. The board on its own motion may or upon the verified complaint of any interested party shall investigate, examine or inspect any transaction involving solicitation, receipt, sale or attempted sale of farm products by any person or persons acting or assuming to act as a dealer, agent or broker; the intentional making of false statements as to condition and quantity of any farm products received or in storage; the intentional making of false statements as to market conditions; the failure to make payment for farm products within the time required by this chapter; and all other injurious transactions.
κ1959 Statutes of Nevada, Page 559 (CHAPTER 364, SB 200)κ
2. In furtherance of any such investigation, examination or inspection, the board or any authorized representative, may examine that portion of the ledgers, books, accounts, memoranda and other documents, farm products, scales, measures and other articles and things used in connection with the business of such person relating to the transaction involved.
Sec. 13. 1. The board may refuse to grant or renew a license or may suspend or revoke a license already granted if, after due notice and hearing, the board is satisfied of the existence of any of the following facts, the existence of which is hereby declared to be a violation of this chapter:
(a) That the applicant, or licensee, has intentionally made any false or misleading statement as to the conditions of the market for any farm products.
(b) That the applicant, or licensee, has made fictitious sales or has been guilty of collusion to defraud the producer.
(c) That the licensee was intentionally guilty of fraud or deception in the procurement of such license.
(d) That the applicant or licensee has in the handling of any farm products been guilty of fraud, deceit, or willful negligence.
(e) That the licensee, without reasonable cause, has failed or refused to execute or carry out a lawful contract with a producer.
2. In the case of any hearing held under the provisions of this section, there shall be filed in the office of the board a memorandum stating briefly the reasons of the board for the denial, suspension or revocation of the license, but formal findings of fact need not be made or filed.
Sec. 14. The board may make reasonable rules and regulations for carrying out the provisions of this chapter.
Sec. 15. This chapter shall not apply to:
1. The Nevada Fair of Mineral Industries, 4-H clubs, the Nevada junior livestock show, the Nevada state livestock show, the Nevada Hereford Association, or any other organization or association which is entirely nonprofit in character.
2. Any railroad transporting livestock either interstate or intrastate.
3. Any person who receives livestock exclusively for slaughtering purposes within the State of Nevada.
4. Any farmer or rancher purchasing or receiving livestock for grazing, pasturing or feeding on his premises and not for immediate resale.
5. Operators of public livestock auctions as defined in NRS 573.010.
6. Any person who sells livestock or farm products which have been raised, grown or fed on the premises of such person.
7. Any farmer or rancher whose farm or ranch is located in the State of Nevada, purchasing or receiving livestock or farm products from any other farmer or rancher.
8. Any person who purchases livestock or farm products in cash or its equivalent.
9. Any farmer or rancher whose farm or ranch is located in the State of Nevada, and any retail or wholesale merchant whose principal place of business is located in the State of Nevada, purchasing or receiving eggs.
κ1959 Statutes of Nevada, Page 560 (CHAPTER 364, SB 200)κ
place of business is located in the State of Nevada, purchasing or receiving eggs.
Sec. 16. Any person who acts as a dealer or broker without a license therefor as required by this chapter, or who violates any of the provisions of this chapter, or any of the rules or regulations lawfully promulgated under the provisions of this chapter, is guilty of a misdemeanor.
________
Senate Bill No. 219Senator Brown
CHAPTER 365
AN ACT to amend chapter 321 of NRS, relating to the administration, control and sale of state lands, by creating the Fort Mohave Valley Development Law; by providing for the initiation of proceedings to acquire certain lands; by describing such lands; by defining terms; by authorizing the Colorado River commission to acquire and develop such lands; by creating a fund and making an appropriation therefor; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
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 7, inclusive, of this act.
Sec. 2. Sections 2 to 7, inclusive, of this act may be cited as the Fort Mohave Valley Development Law.
Sec. 3. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires:
1. Commission means the Colorado River commission of Nevada.
2. Department means the state department of conservation and natural resources.
Sec. 4. 1. The commission may, on behalf of the State of Nevada, 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 may be made as provided by the Congress of the United States, including any extension of time granted by the Secretary of the Interior, or otherwise.
2. The lands referred to in subsection 1 are described as follows:
Parcel 1. All of sections 1, 12 and 13; fractional sections 24 and 25, T. 33 S., R. 65 E.
Parcel 2. All of sections 6, 7 and 8; fractional sections 4, 5, 9, 10 and 15, all of section 16, fractional section 17, all of section 18, fractional sections 19, 20, 21, 22 and 30, T. 33 S., R. 66 E.
Parcel 3. East 1/2 section 20, all of sections 21, 22, 23, fractional sections 24, 25 and 26, all of sections 27 and 28, east 1/2 section 29, southeast 1/4 section 31, fractional sections 32, 33, 34 and 35, T. 32 S., R. 66 E.
All range references in this subsection refer to Mount Diablo base and meridian.
κ1959 Statutes of Nevada, Page 561 (CHAPTER 365, SB 219)κ
Sec. 5. The commission may, with the advice of the department and the board of county commissioners of Clark County, undertake such engineering and planning studies and such other action as may be necessary for the development of the Fort Mohave Valley, and shall sell and dispose of lands in the Fort Mohave Valley in accordance with the plans and procedures of the commission.
Sec. 6. 1. There is hereby created in the state treasury, for the use of the commission in carrying out the provisions of sections 2 to 7, inclusive, of this act, a fund to be known as the Fort Mohave Valley development fund.
2. Moneys in the Fort Mohave 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. 7. 1. Any moneys received by the commission in connection with the development or disposition of any lands described in section 4 of this act shall be deposited forthwith in the state treasury to the credit of the Fort Mohave development fund.
2. Immediately following such a 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 Fort Mohave Valley development fund.
Sec. 8. There is hereby appropriated from the general fund in the state treasury the sum of $1,000 to the Fort Mohave Valley development fund.
________
Senate Bill No. 260Senator Echeverria (by request)
CHAPTER 366
AN ACT to amend NRS sections 369.090, 369.150, 369.220, 369.300, 369.310 and 369.350, relating to intoxicating liquor licenses and taxes, by providing for payment of license fees on a fiscal year basis; by providing for waiver of importers bonds in certain cases; by providing for change of location of licensed premises; by eliminating special permit of conveyance fee; by defining certain terms; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 369.090 is hereby amended to read as follows:
369.090 As used in this chapter, retail liquor store means an establishment where beers, wines and liquors, in original packages or by the drink, are sold [, but in quantities of not more than 4.9 gallons at one time.] to a consumer.
Sec. 2. NRS 369.150 is hereby amended to read as follows:
369.150 1. The tax commission is charged with the duty of administering the provisions of this chapter.
2. The tax commission shall:
κ1959 Statutes of Nevada, Page 562 (CHAPTER 366, SB 260)κ
(a) Prescribe and cause to be printed and issued free of charge all forms for applications and reports.
(b) Issue free of charge all certificates and permits. [, except special permits of conveyance.]
(c) Adopt and enforce all rules, regulations and standards necessary or convenient to carry out the provisions of this chapter.
Sec. 3. NRS 369.220 is hereby amended to read as follows:
369.220 Each license shall:
1. Be signed by the licensee.
2. Be posted in a conspicuous place in the premises for which it was issued.
3. Be nontransferable [.] , except that upon prior written notice to the tax commission the location of the premises for which it was issued may be changed.
Sec. 4. NRS 369.300 is hereby amended to read as follows:
369.300 The following is a schedule of fees to be charged for licenses:
Importers wine, beer and liquor license............................................. $500
Importers beer license.......................................................................... 150
Wholesale wine, beer and liquor license............................................ 250
Wholesale beer dealers license.......................................................... 75
Wine manufacturers and wine wholesalers (whose product is derived entirely from Nevada-grown grapes) license............................................. 15
[Special permit of conveyance............................................................. 1]
Sec. 5. NRS 369.310 is hereby amended to read as follows:
369.310 1. All license [or permit] fees are due and payable on [January 1] July 1 of each year. If not paid by [January 15] July 15 of each year the license shall be canceled automatically.
2. If any license is issued at any time during the year other than by [January 15,] July 15, the fee shall be for that proportionate part of the year that the license will be in effect, which in any event shall be for not less than one quarter of a year.
3. No license shall be dated other than on the 1st day of the month in which it is granted.
4. Any person having paid license fees for the calendar year 1959 shall be entitled to a credit in an amount equal to one-half of the license fees due and payable by him on July 1, 1959.
Sec. 6. NRS 369.350 is hereby amended to read as follows:
369.350 1. Each licensed importer shall furnish a bond to the State of Nevada conditioned for the payment of all excise taxes due or to become due from him under the provisions of this chapter. Each bond shall be in a principal sum equal to the greatest excise tax paid by the importer in any quarter of the preceding year, or if such standard is not available, then in a sum required from a licensee operating under conditions deemed comparable by the tax commission. In no case shall a bond be for an amount less than $1,000.
2. The bond or undertaking shall be acceptable to and approved by the tax commission, and a deposit of cash or negotiable United States Government bonds may be accepted in lieu of an undertaking. The tax commission shall deposit all such United States Government bonds and cash deposits with the state treasurer as custodian thereof.
κ1959 Statutes of Nevada, Page 563 (CHAPTER 366, SB 260)κ
3. [Upon] Notwithstanding any other provision of this section, upon application and a satisfactory showing therefor, the tax commission may, from time to time, increase or decrease the amount of the required bond, having consideration for the amount of importations made by the importer.
4. Notwithstanding any other provision of this section, the tax commission may waive the requirement of a bond pursuant to this section whenever a licensed importer has maintained a satisfactory record of payment of excise taxes for a period of not less than 5 consecutive years.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 275Committee on Agriculture and Irrigation
CHAPTER 367
AN ACT to amend chapter 555 of NRS, relating to insect and pest control by counties and inspection of nursery stock shipped into this state, by creating new provisions relating to the definition of certain words and terms, to provide for licenses and license fees, to provide for a director and inspecting officers and their powers and duties, the certification of nursery stock and the inspection of nursery stock; to repeal NRS sections 555.020 to 555.090, inclusive, relating to inspection of nursery stock by the county horticultural commissioner; to repeal NRS section 555.240, relating to the inspection of nursery stock shipped into this state; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 555 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. As used in sections 2 to 15, inclusive, of this chapter:
1. Agent means any person who:
(a) Acts upon the authority of another person possessing a valid nursery license in this state; and
(b) Solicits for the sale of nursery stock.
2. Container means any receptacle in which nursery stock is packed for shipment, storage or sale.
3. Director means the person designated by the state department of agriculture to supervise the administration of chapter 588 of NRS.
4. Inspecting officer means a person authorized by the department of agriculture to inspect nursery stock.
5. Licensee means any person licensed under the provisions of sections 2 to 15, inclusive.
6. Nursery means any ground or place where nursery stock is grown, stored, packed, treated, fumigated or offered for sale.
7. Nursery stock means any plant for planting, propagation or ornamentation, and includes parts of plants, trees, shrubs, vines, vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions, buds and grafts.
κ1959 Statutes of Nevada, Page 564 (CHAPTER 367, SB 275)κ
8. Peddler means any person who sells, solicits or offers for sale nursery stock to the ultimate consumer and who does not have an established permanent place of business in the state, but it shall not include nurserymen who wholesale stock to retail nurserymen in this state.
9. Person means any individual, firm, corporation, company or association.
10. Pest means:
(a) Any form of animal life detrimental to the nursery industry of the state.
(b) Any form of vegetable life detrimental to the nursery industry of the state.
11. Pest disease means any infectious, transmissible or contagious disease of plants, or any disorder of plants which manifests symptoms or behavior which the director, after investigation, determines to be characteristic of an infectious, transmissible or contagious disease.
12. Sell means exchange, offer for sale, expose for sale, have in possession for sale or solicit for sale.
Sec. 3. 1. Every person who sells nursery stock shall obtain a license from the director, except:
(a) Retail florists or other persons who sell potted, ornamental plants intended for indoor decorative purposes.
(b) A person not engaged in the nursery business, raising nursery stock as a hobby in this state, from which he makes occasional sales, if such person reports to the director his intention to make such sales and does not advertise or solicit for the sale of such nursery stock.
(c) Persons engaged in agriculture and field-growing vegetable plants intended for sale for use in agricultural production.
(d) That, the director may, to relieve hardships imposed by the licensing requirements of this chapter upon persons residing in sparsely settled areas of the state in which there exist no licensed nurseries, waive nursery licensing requirements for any established business concern to permit occasional sales of nursery stock for customer accommodation.
2. Persons exempt from the licensing requirement shall conduct their businesses in accordance with pest regulations and grades and standards for nursery stock as established by the director.
Sec. 4. 1. Any person applying for a license shall do so on the application form and in the manner prescribed by the director.
2. The application shall be accompanied by the nursery license fee required by section 5 of this chapter and by evidence of the applicants good faith and character.
Sec. 5. 1. The minimum nursery license fee shall be $25 per fiscal year, to which shall be added:
(a) $10 for each additional established sales yard, store or sales location operating at other than the registered place of business within the state.
(b) $1 for each acre of nursery stock in production or portion thereof after the first acre up to a maximum acreage fee of $10.
(c) $2.50 for each agent acting on behalf of a licensed nursery established in this state and operating outside of the county in which the nursery is located.
κ1959 Statutes of Nevada, Page 565 (CHAPTER 367, SB 275)κ
established in this state and operating outside of the county in which the nursery is located.
(d) $25 for each peddler.
2. Fees collected for licenses shall be deposited in the state treasury to the credit of the state department of agriculture and may be drawn upon by the director for the purpose of enforcing sections 2 to 15, inclusive, of this chapter, in the manner provided for payment of other claims against the state.
Sec. 6. 1. Every licensee shall have his nursery license renewed annually on or before July 1.
2. The fee for the renewal of a license is ascertained in the same manner as provided in section 5 of this chapter.
3. Any license may be renewed after July 15 upon payment of a $5 penalty fee.
4. Any person who has been previously licensed to sell nursery stock and whose right to sell nursery stock has been forfeited by failure to renew his license shall not pay the penalty fee if his application for renewal of license is accompanied by a signed statement that he has not sold any nursery stock during any part of the fiscal year for which he applies for renewal of license.
Sec. 7. The director may refuse to issue or renew, or may suspend or revoke, a nursery license for violation of any provisions of this chapter or any rules or regulations promulgated under section 9 of this chapter; but no license shall be refused, suspended or revoked until the applicant or licensee has been given the opportunity to appear for a hearing. Offenders shall be given 15 days notice in writing. Such notice shall indicate the offense and the place of hearing.
Sec. 8. The director is authorized to order any or all nursery stock to be held for terminal inspection.
Sec. 9. The director is authorized to prescribe and, after a public hearing following due public notice, enforce such rules and regulations as he may deem necessary to:
1. Carry into effect the intent of sections 2 to 15, inclusive, of this chapter.
2. Establish sanitary standards relating to pest conditions of nurseries.
3. Establish mandatory and permissive grades for nursery stock. When mandatory grades are established for nursery stock, all nursery stock sold or offered for sale shall be graded and labeled in accordance with such standards.
4. Establish standards relating to conditions that interfere with the proper development of nursery stock after planting.
Sec. 10. The director or any inspecting officer may enter any nursery during reasonable hours to ascertain:
1. The pest conditions of nursery stock on growing grounds.
2. The condition of nursery stock offered for sale.
Sec. 11. 1. Any person may request the director to certify to the pest conditions of nursery stock intended for out-of-state shipment to meet plant pest quarantine requirements of other states, territories or foreign countries.
κ1959 Statutes of Nevada, Page 566 (CHAPTER 367, SB 275)κ
2. The director may establish a schedule of reasonable fees for such certification requests.
Sec. 12. All nursery stock shipped from other states to points within this state and all nursery stock shipped intrastate shall bear on the outside of each container in which nursery stock was packed for shipment, an inspection certificate dated within reasonable time prior to shipment, which shall:
1. Certify that such nursery stock has been inspected and found free from injurious insect pests, plant diseases and noxious weeds and is commercially clean of common pests.
2. Bear the signature of an official authorized to inspect nursery stock.
Sec. 13. 1. All nursery stock shipped from other states to points within this state and all nursery stock shipped intrastate shall bear a label on or attached to:
(a) The outside of the container in which the nursery stock was packed for shipment which shall indicate the name and address of the consignee and consignor and contain a statement describing plainly and legibly the correct botanical or commonly accepted name or both for each kind of nursery stock in such container.
(b) Each individual piece of one kind and variety of nursery stock or subcontainer or lot containing one kind and variety of nursery stock in each container, which shall contain a legible statement of the correct botanical or commonly accepted name, or both, of such stock.
2. Bulk shipments of nursery stock not packed in containers shall:
(a) Be accompanied by the certificate provided for in section 12.
(b) Be accompanied by a manifest which shall state the name and address of the consignor and consignee and which shall list and describe plainly and legibly the correct botanical or commonly accepted name, or both, for each kind of nursery stock in such bulk shipment.
(c) Be labeled in accordance with the requirements of subsection 1.
Sec. 14. Any nursery stock brought into this state which the director or inspecting officer finds or has reasonable cause to believe to be infested or infected with any pest shall be destroyed immediately, at the expense of the owner or bailee, under the supervision of the director or the inspecting officer, unless:
1. The nature of the pest is such that no detriment can be caused to the nursery industry or related industries in this state by shipping the nursery stock out of the state. In such case the executive director or inspecting officer:
(a) May affix a warning tag or notice to the nursery stock.
(b) Shall notify the owner or bailee to ship the nursery stock out of this state within 48 hours.
(c) Shall keep the nursery stock under his control at the expense of the owner or bailee.
(d) Shall destroy the nursery stock at the expiration of 48 hours if the owner or bailee has not shipped the nursery stock out of the state.
2. The director determines that the pest can be exterminated by treatment prescribed by the director with the result that no detriment can be caused to the nursery industry or related industries in this state.
κ1959 Statutes of Nevada, Page 567 (CHAPTER 367, SB 275)κ
can be caused to the nursery industry or related industries in this state. In such case, nursery stock will be released if the nursery stock is treated:
(a) In the manner prescribed by the director;
(b) Within the time specified by the director or inspecting officer;
(c) Under the supervision of the inspecting officer; and
(d) Found to be free from pests.
Sec. 15. Any person violating the provisions of sections 2 to 15, inclusive, or the regulations issued thereunder is guilty of a misdemeanor.
Sec. 16. NRS 555.020 to 555.090, inclusive, and 555.240 are hereby repealed.
________
Senate Bill No. 279Senator Gallagher
CHAPTER 368
AN ACT to amend NRS section 244.300, relating to the operation and maintenance of parks, golf courses and other public recreational centers, by allowing county commissioners of counties having a population of 7,000 or more to maintain public parks, golf courses and other public recreational centers.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.300 is hereby amended to read as follows:
244.300 The county commissioners of the several counties having a population of [15,000] 7,000 or more, in addition to the powers now conferred upon them by law, are authorized and empowered to operate, manage, improve and maintain all public parks, golf courses and other public recreational centers and areas, the construction of which has either been initiated or completed, and the title to which is held by the county.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 568κ
Senate Bill No. 284Committee on Banks, Banking and Corporations
CHAPTER 369
AN ACT to amend NRS sections 226.160, 356.010 to 356.070, inclusive, 356.090 and 356.100, relating to the deposits of state moneys in banks on open account and the withdrawals of moneys from a depository bank, by changing references to the state board of examiners to the state board of finance; to amend chapter 356 of NRS, relating to depositaries of public funds and securities, by creating new provisions relating to deposits of state moneys in active and inactive accounts and rates of interest to be received; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 226.160 is hereby amended to read as follows:
226.160 1. The state treasurer [may] shall deposit all moneys under his control in the manner provided in chapter 356 of NRS.
2. The state treasurer shall securely keep in the safe and vault provided for him for that purpose, in his office at the seat of government, all bonds and securities of the state pertaining to his office, and shall not deposit any part or portion of the same with any individual, copartnership or corporation.
3. He shall not use the public moneys, or any part thereof, or allow anyone else to do so, except in the payment of bonds, coupons or warrants properly drawn upon him by the state controller.
Sec. 2. NRS 356.010 is hereby amended to read as follows:
356.010 1. All moneys under the control of the state treasurer belonging to the state [may, so far as possible, be deposited by the state treasurer to the credit of the state on open account, subject to check without notice,] shall be deposited in any state or national bank or banks in the State of Nevada, or in any bank or banks outside of the State of Nevada as provided in NRS 356.100, and such depositary banks shall handle, collect and pay all checks, drafts and other exchange without cost to the state.
2. Such deposits shall be made only with the written consent and approval of the state board of [examiners.] finance. The written consent and approval of the state board of [examiners] finance to make deposits of state moneys in banks shall be delivered to the state treasurer and filed in his office, and a copy thereof shall be filed in the office of the secretary of state, and shall be a public record.
3. Any sums so deposited shall be deemed to be in the state treasury [; provided:
(a) That] if the bank or banks in which such money is deposited shall, prior to or simultaneously with the making of the deposits, furnish security as provided in NRS 356.010 to 356.110, inclusive. [; and
(b) That not more than 40 percent of the aggregate amount of such moneys available for deposit, and on deposit, shall be deposited in any one bank.]
Sec. 3. NRS 356.020 is hereby amended to read as follows:
356.020 1. All funds deposited by the state treasurer shall be secured by obligations of the United States, or bonds of this state, or bonds of any county, municipality or school district within this state, deposited by the depositary bank with the state treasurer, or with a Federal Reserve bank, or, if such deposit of security will not be accepted by a Federal Reserve bank, then with any bank other than the depositary bank which will accept such bonds as a trust for the purposes hereof.
κ1959 Statutes of Nevada, Page 569 (CHAPTER 369, SB 284)κ
secured by obligations of the United States, or bonds of this state, or bonds of any county, municipality or school district within this state, deposited by the depositary bank with the state treasurer, or with a Federal Reserve bank, or, if such deposit of security will not be accepted by a Federal Reserve bank, then with any bank other than the depositary bank which will accept such bonds as a trust for the purposes hereof.
2. The amount, in actual value, as distinguished from par value, of such deposit of securities by each such depositary bank shall be at least 10 percent in excess of the amount of the deposit with such depositary bank. Such bonds and securities shall be approved in writing by the state board of [examiners] finance and by the state treasurer.
3. The state treasurer or the state board of [examiners] finance may, from time to time, require such a deposit of such additional bonds and securities, as herein permitted as security, as in their judgment shall be necessary to maintain such 10 percent in excess of such deposit.
4. The bonds, or any part thereof, may be withdrawn on the written consent of the state treasurer and the state board of [examiners,] finance, but no withdrawal shall be permitted which will reduce the security below the requirements hereof.
Sec. 4. NRS 356.030 is hereby amended to read as follows:
356.030 1. If any bank or banks, depositary of such money, shall fail to pay any deposit or deposits, or any part thereof, on demand of the state treasurer, then the state treasurer, with the written approval of the state board of [examiners,] finance, forthwith shall:
(a) Advertise such securities for sale for a period of not less than 10 days in a newspaper of general circulation published within the State of Nevada.
(b) Sell such securities, or a sufficient amount thereof, to repay the deposit, at public or private sale to the highest and best bidder.
(c) Apply the proceeds of such sale, including accrued interest, if any, toward the cancellation of the deposit.
2. If there is an excess of such proceeds or of security, or both, after the satisfaction of the deposit, then such excess shall be returned to such depositary bank or its successor in interest.
3. Nothing in this section shall prevent such depositary bank, or the superintendent of banks in charge thereof, or the legally constituted receiver or liquidator thereof from redeeming such securities within a reasonable time, as determined by the state board of [examiners,] finance, at such a price as will repay to the state treasurer the full amount of the deposit in such depositary.
Sec. 5. NRS 356.040 is hereby amended to read as follows:
356.040 1. At the close of business at the end of each month and at any other time, upon demand of the state treasurer or the state board of [examiners,] finance, every depositary bank shall:
(a) Furnish the state treasurer with a statement of the account, duly verified or certified by some officer of the bank, upon a form to be fixed by the state treasurer.
(b) Return to the state treasurer all paid checks and vouchers.
κ1959 Statutes of Nevada, Page 570 (CHAPTER 369, SB 284)κ
(c) Mail a copy of the statement of the account to the state board of [examiners] finance and a copy to the superintendent of banks. The [secretary of the state board of examiners] superintendent of banks immediately shall mail a copy thereof to the president of the bank.
2. Every such bank shall also, upon demand of the superintendent of banks, furnish him with such a verified statement and paid checks and vouchers.
Sec. 6. NRS 356.050 is hereby amended to read as follows:
356.050 1. Where the state treasurer, in accordance with the terms and provisions of NRS 356.010 to 356.110, inclusive, has deposited and kept on deposit any public moneys in depositaries so designated, he shall not be liable personally or upon his official bond for any public moneys that may be lost by reason of the failure or insolvency of any such depositary; but the state treasurer shall be chargeable with the safekeeping, management and disbursement of the bonds deposited with him as security for deposits of state moneys, and with interest thereon, and with the proceeds of any sale under the provisions of NRS 356.010 to 356.110, inclusive.
2. The state treasurer is authorized to deposit for safekeeping with any reliable bank or trust company within or without this state any securities or bonds pledged with him, as state treasurer, as collateral or as security for any purpose whatever, but the same may only be so deposited by him with the joint consent and approval, in writing, of the pledgor thereof and the state board of [examiners.] finance. Any bonds or securities so deposited by him shall be deposited under a written deposit agreement between the pledgor and the state treasurer, to be held and released only upon a written order of the state treasurer or his deputy, and signed by the governor or acting governor and by one additional member of the state board of [examiners.] finance.
Sec. 7. NRS 356.060 is hereby amended to read as follows:
356.060 1. On or before the 5th day of each month, the state treasurer shall cause to be published in a newspaper of general circulation which is published at the state capital a statement showing the amount of state funds held by each depositary on the 1st day of the month.
2. A copy of the statement shall be filed with the state board of [examiners] finance on or before the 5th day of each month.
Sec. 8. NRS 356.070 is hereby amended to read as follows:
356.070 1. [All moneys deposited in any depositary bank by the state treasurer may be drawn out by a check or order] Active deposits shall be subject to withdrawal upon demand of the state treasurer at any time without previous notice, but no withdrawal of such deposit or deposits, except by a state controllers warrant in the manner set forth in NRS 356.080, shall be made by the state treasurer without the written consent of the state board of [examiners.] finance.
2. A warrant of the state controller shall be a check of the state treasurer, and shall be paid by the depositary bank designated thereon when registered, countersigned, and the bank has been designated for payment thereof as provided in NRS 356.080.
3. The state treasurer shall keep a check register which shall show separately the amount of state money on deposit with every depositary bank, and shall list separately each check drawn upon the respective bank depositaries, numbering the checks against each depositary consecutively.
κ1959 Statutes of Nevada, Page 571 (CHAPTER 369, SB 284)κ
separately the amount of state money on deposit with every depositary bank, and shall list separately each check drawn upon the respective bank depositaries, numbering the checks against each depositary consecutively.
Sec. 9. NRS 356.090 is hereby amended to read as follows:
356.090 [1. Moneys placed in any depositary bank shall be deposited at a rate of interest, if any, to be agreed upon between the state treasurer and the depositary bank with the consent, in writing, of the state board of examiners. Interest, if any, shall be computed upon the average daily balance of the moneys kept on deposit in each depositary bank for the 6-month period preceding June 1 and December 1 of each year. Each depositary bank shall, within 10 days after June 1 and December 1 of each year, remit to the state treasurer at Carson City, Nevada, the amount of the earned interest for the respective semiannual period.
2.] In consideration of no exchange or collection charges being made on checks or coupons of, or remittance to, the state, any bank or banks at the state capital may be relieved by the state treasurer, with the approval of the state board of [examiners,] finance, from the payment of any interest on amounts deposited with them.
Sec. 10. NRS 356.100 is hereby amended to read as follows:
356.100 If deposits in depositaries within this state are at or near the limit of deposits allowable under the value of bonds or securities deposited by such banks, or as otherwise limited by NRS 356.010 to 356.110, inclusive, and an excess of moneys has accumulated in the state treasury, the state treasurer may:
1. Subject to the provisions of NRS 356.010 to 356.110, inclusive, with the written consent and approval of the state board of [examiners,] finance, deposit such amounts of moneys as may be advisable in a bank or banks situated outside of the State of Nevada; and
2. By check or draft signed by the state treasurer and counter-signed by at least two members of the state board of [examiners,] finance, withdraw such deposits as needed.
Sec. 11. Chapter 356 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 17, inclusive, of this act.
Sec. 12. With the written consent and approval of the state board of finance, the state treasurer shall:
1. Establish a definition of inactive deposits; and
2. Determine what amounts of money shall be deposited as inactive deposits and the rates of interest to be received thereon.
Sec. 13. Subject to the applicable contract with the depositary, the state treasurer may call in money from inactive deposits, waiving interest thereon if required, and place it in active deposits when necessary to meet current requirements.
Sec. 14. The interest to be paid by a depositary bank shall be paid in accordance with the contract made with the state treasurer, and at least semiannually.
Sec. 15. All interest paid on money belonging to the State of Nevada shall be deposited in the general fund.
Sec. 16. The provisions of this act shall not be construed to require any depositary to accept state deposits.
________
κ1959 Statutes of Nevada, Page 572κ
Senate Bill No. 286Committee on Judiciary
CHAPTER 370
AN ACT to amend NRS sections 303.230, 303.235, 303.395, 303.465, 303.485 and 303.510, relating to ballot labels, ballots, counter numbers and letters, locking and sealing of voting machines and statements of results, by providing for colored ballot labels in bond elections; by prescribing the form of absent ballots; by increasing the number of statements of result of votes cast required; by allowing the county clerk to simplify such statement when expediency requires; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 303.230 is hereby amended to read as follows:
303.230 [The] 1. Except as provided in subsection 2, the ballot label shall be printed by the clerk in black ink on clear white material of such size as will fit the machine and in as plain, clear type as the space will reasonably permit.
2. The ballot label for property owners and their spouses in bond elections shall be printed by the clerk in black ink on colored material in the size and manner provided in subsection 1.
Sec. 2. NRS 303.235 is hereby amended to read as follows:
303.235 1. The list of offices and candidates, and the statements of measures used on the voting machines is an official ballot.
2. The official absent ballot in areas where voting machines are used shall be arranged in the form of a diagram showing that part of the face of the voting machine in use at such election.
Sec. 3. NRS 303.395 is hereby amended to read as follows:
303.395 The clerk shall also deliver two diagrams, one extra set of ballot labels, one envelope containing the seal for sealing the machine after the polls are closed, one envelope for the return of the keys, [two] three statements of the result of the vote cast and all other supplies necessary for conducting the election.
Sec. 4. NRS 303.465 is hereby amended to read as follows:
303.465 The designating number and letter on the counter for each candidate shall be printed next to the candidates name on the statements of result of the vote cast. [Two] Three such statements shall be used in each election district.
Sec. 5. NRS 303.485 is hereby amended to read as follows:
303.485 1. The statement of result of votes cast, unless simplified by the clerk when expediency requires, shall also contain:
[1.] (a) Printed directions to the election officers for their guidance before the polls are opened and when the polls are closed.
[2.] (b) A certificate which shall be signed by the election officers before the polls are opened, showing:
[(a)] (1) The delivery of the keys in a sealed envelope.
[(b)] (2) The number on the seal.
[(c)] (3) The number registered on the protective counter.
[(d)] (4) Whether all of the counters are set at zero (000).
[(e)] (5) Whether the public counter is set at zero (000).
κ1959 Statutes of Nevada, Page 573 (CHAPTER 370, SB 286)κ
[(f)] (6) Whether the ballot labels are properly placed in the machine.
[3.] (c) A certificate which shall be filled out after the polls have been closed, showing:
[(a)] (1) That the machine has been locked against voting and sealed.
[(b)] (2) The number of voters as shown on the public counter.
[(c)] (3) The number on the seal.
[(d)] (4) The number registered on the protective counter.
[(e)] (5) That the voting machine is closed and locked.
2. Any material deleted by the clerk from such statement shall be included in the pollbooks or tally lists submitted to the board of county commissioners.
Sec. 6. NRS 303.510 is hereby amended to read as follows:
303.510 1. The precinct board shall, as soon as the count is complete and fully ascertained, lock the machine against voting and it shall remain locked and sealed against operation until the time for filing contest of election provided by law has expired.
2. The time for filing contest of election is:
(a) Forty days in case of county and township offices.
(b) Sixty days in case of state offices.
3. If a contest of a county or township election is filed, the voting machine may be unlocked and unsealed for the purpose of such contest, but shall be locked and sealed immediately thereafter for the remainder of the 60-day period provided in paragraph (b) of subsection 2.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 299Committee on Finance
CHAPTER 371
AN ACT to amend chapter 331 of NRS, relating to the state department of buildings and grounds, by providing that the superintendent of such department shall establish a central mailing room for state officers, departments and agencies located in Carson City and supported by legislative appropriation; by providing that other state officers, departments and agencies may use such facilities upon payment of the cost of such use; by providing for the disposition of such payment; by providing an appropriation; to repeal NRS section 333.240, relating to the central mailing room in Carson City established by the director of the state department of purchasing; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 331 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The superintendent shall establish and conduct a central mailing room for all state officers, departments and agencies located at Carson City, Nevada, and supported in whole or in part by legislative appropriation from the general fund in the state treasury.
κ1959 Statutes of Nevada, Page 574 (CHAPTER 371, SB 299)κ
City, Nevada, and supported in whole or in part by legislative appropriation from the general fund in the state treasury.
2. Any state officer, department or agency not supported in whole or in part by legislative appropriation from the general fund in the state treasury may use the central mailing room facilities if such state officer, department or agency pays the cost of such use as determined by the superintendent. Moneys collected from such state officers, departments or agencies for use of the central mailing room facilities shall be deposited in the general fund in the state treasury.
3. The staff of the central mailing room shall deliver incoming mail and pick up and process outgoing mail of all state officers, departments and agencies using the central mailing room facilities.
4. Funds to carry out the provisions of this section shall be provided by direct legislative appropriation from the general fund in the state treasury.
Sec. 2. NRS 333.240 is hereby repealed.
Sec. 3. There is hereby appropriated from the general fund in the state treasury the sum of $11,100 to the state department of buildings and grounds to carry out the provisions of this act.
________
Senate Bill No. 301Committee on Aviation, Transportation and Highways
CHAPTER 372
AN ACT to amend NRS section 353.275, relating to insurance recovery funds, by providing that moneys received from insurance companies on losses incurred on property controlled by the department of highways be deposited in the state highway fund rather than insurance recovery funds; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 353.275 is hereby amended to read as follows:
353.275 1. From time to time as may be necessary, insurance recovery funds may be created in the state treasury. All moneys, except as provided in subsection 4, receive from insurance companies in payment of losses incurred upon buildings and other property belonging to the state shall be deposited in such funds.
2. Moneys in insurance recovery funds may be expended by the board, commission or officer having control or management of the buildings or other property injured or destroyed. Moneys in such funds may be expended only for the repair, replacement or reconstruction of buildings or other property injured or destroyed, and the moneys shall be paid out on claims as other claims against the state are paid.
3. Any unexpended portions remaining in such insurance recovery funds on a date 3 years after the creation of such funds shall revert to the general fund.
4. The provisions of this section do not apply to moneys received from insurance companies in payment of losses incurred upon buildings and other property controlled and administered by the department of highways of the State of Nevada.
κ1959 Statutes of Nevada, Page 575 (CHAPTER 372, SB 301)κ
from insurance companies in payment of losses incurred upon buildings and other property controlled and administered by the department of highways of the State of Nevada. Such moneys shall be deposited in the state highway fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 306Committee on Banks, Banking and Corporations
CHAPTER 373
AN ACT to amend NRS section 80.160, relating to defaulting foreign corporations and the forfeiture of their right to do business in this state, by imposing duties on the secretary of state relating to publication of lists; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 80.160 is hereby amended to read as follows:
80.160 1. On or before October 15 of each year, the secretary of state shall compile a complete list of all defaulting corporations, together with the amount of the filing fee, penalties and costs remaining unpaid.
2. [For at least 10 days prior to the 1st Monday in November following, the secretary of state shall publish such list in the newspaper designated to do the official advertising required by the State of Nevada, and shall append to such list, and publish therewith, a notice to the effect that unless the filing fee owing by such corporation, together with the penalties and all costs, is paid to the secretary of state, on or before 12 m. of the 1st Monday in March following, such defaulting corporation shall forfeit the amount of the tax and penalty and costs to the State of Nevada, and shall also forfeit its right to carry on business within the state. Publication shall be and constitute a part of the official advertising for the State of Nevada and the newspaper shall not receive any compensation therefor.] The secretary of state shall cause such list to be published five times in the week prior to the 1st Monday in November following, in a newspaper published in Carson City, Nevada, and shall append to such list, and publish therewith, a notice to the effect that unless the filing fee owing by such corporation, together with the penalties and all costs, is paid to the secretary of state, on or before 12 m. of the 1st Monday in March following, such defaulting corporation shall forfeit the amount of the tax and penalty and costs to the State of Nevada, and shall also forfeit its right to carry on business within the state.
3. Immediately after the 1st Monday in March the secretary of state shall compile a full and complete list containing the names of all corporations whose right to do business has been annulled. The secretary of state shall forthwith notify the several county clerks in whose offices the defaulting corporations have filed copies of their articles of incorporation and other amendatory, supplemental and related instruments, as required by this chapter, of the annulment of the corporations rights to do business and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its right to do business in this state.
κ1959 Statutes of Nevada, Page 576 (CHAPTER 373, SB 306)κ
related instruments, as required by this chapter, of the annulment of the corporations rights to do business and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its right to do business in this state. In case of a reinstatement as provided in NRS 80.170, the secretary of state shall also notify immediately the county clerks of such fact.
4. In case a foreign corporation makes default as herein provided, the secretary of state shall issue his warrant stating the amount of the filing fee, penalty and costs due to the state, and shall deliver the warrant to any sheriff of any county of this state who may seize and sell any property of a foreign corporation as upon execution and apply the proceeds to the payment of the filing fee, penalty, costs and accruing costs. Any balance remaining after such sale shall by the sheriff be paid to the secretary of state, who shall return the same to the corporation whose property was sold. No more than sufficient property to pay the filing fee, penalty and costs shall be seized and sold.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 310Senator Seevers
CHAPTER 374
AN ACT to amend an act entitled An Act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line, extending from the Lundy generating plant of the Nevada-California power company situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto, approved March 4, 1921, as amended.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 17 of the above-entitled act, being chapter 45, Statutes of Nevada 1921, as last amended by chapter 218, Statutes of Nevada 1955, at page 343, is hereby amended to read as follows:
Section 17. (a) The county commissioners of Mineral County shall constitute the board of managers. The board of managers shall employ as general manager of such system, and fix his compensation at not to exceed [$550] $800 per month, a qualified and competent person, but who must have had at least three years practical engineering experience with an electric utility, or as a general or assistant manager or superintendent of an existing public utility, who shall qualify as required by law, and give bond in the sum of not less than five thousand ($5,000) dollars for the faithful discharge of his duties, who shall have complete charge of and be liable to said board for his actions in connection with the operation of said system, and who shall devote his entire time thereto.
κ1959 Statutes of Nevada, Page 577 (CHAPTER 374, SB 310)κ
his entire time thereto. He shall have charge of such system, and be responsible to such board for his actions in connection with the operation thereof. He shall devote all necessary time thereto, or such time as may be required by such board, and receive such compensation as may be fixed by said board in their order appointing and designating him as general manager of such system; provided, the board may also employ a technical adviser as consulting electrical engineer, and employ any other necessary employees, and fix their salary or compensation.
No person who holds a public office shall be permitted to occupy the position of general manager. In the event such general manager is nominated or appointed to public office he shall be immediately removed from the position of general manager and another appointed in his place.
(b) Said general manager, with the consent and approval of the board of managers, may employ such additional necessary employees as may from time to time be required, and fix their compensation; provided, that every employee who may be charged with the collection or handling of funds of such power system shall furnish bond prior to assuming the duties of his office, in the sum of not less than one thousand ($1,000) dollars, and qualify as required by law, and the bond of such general manager and other employees shall be approved by the board and be recorded and filed in the office of the county clerk.
(c) The general manager shall make a monthly report to the board of managers, with duplicate thereof to the county auditor, giving full details of all business transacted during the preceding month, including receipts and disbursements and matters pertinent thereto, and shall also render to said board an annual report on the first Monday of January of each year, showing the condition of said system, including its finances, in detail, and giving his recommendations for the ensuing year; he shall keep such books and records as may be required by law or by the board of managers, and as will show at all times the exact status of such utility, giving the cost of construction (including branches), maintenance, and operation, and all revenues, and the source from which derived, and the classified disbursements; he shall also make such annual reports on behalf of said board of managers to the Nevada public service commission, or their successors, as may be required, and copies thereof shall be annexed to his annual report made to such board of managers; he shall maintain the office of the said system in the courthouse at the county seat.
(d) The board of managers is hereby authorized and empowered to dismantle and salvage any portion of said system which may have been out of use for a period of six years or more.
(e) Neither the board of county commissioners acting as such or acting as the board of managers, or the general manager, shall have the power to sell, lease, trade, rent, or otherwise deal with any equipment, supplies, or property of any kind, character, or description, purchased, salvaged, or used for any purpose connected with the operation and maintenance of the Mineral County power system, without first having submitted the proposition to the electors of Mineral County at a special election called for that purpose; provided, however, that the board of county commissioners shall have the power to sell any items of machinery, material, or supplies that are no longer required or of use in the plant or the operation thereof by reason of being superfluous, worn out, obsolete, or defective, without an election, on amounts less than $500.
κ1959 Statutes of Nevada, Page 578 (CHAPTER 374, SB 310)κ
the board of county commissioners shall have the power to sell any items of machinery, material, or supplies that are no longer required or of use in the plant or the operation thereof by reason of being superfluous, worn out, obsolete, or defective, without an election, on amounts less than $500. Nothing herein contained shall be construed to limit the sale of electrical energy and power as now provided by this act. The board of county commissioners, acting as the board of managers, are authorized to purchase equipment or supplies, not in excess of $1,000, without advertising for bids, but shall advertise for bids for all such purchases in excess of $1,000. The board of county commissioners shall have the power to rent from any other owner any transmission lines, power lines, machinery, equipment, or property, for a term not exceeding two years. The rents and rentals or charges reserved in any such contract shall be paid from time to time as an expense of operation of the Mineral County power system. No such contract shall be made by the board of county commissioners unless notice of intention to decide on the same shall be published in a weekly newspaper published in the county for two consecutive insertions fixing a date for a public hearing thereon which shall not be less than 15 days from the first publication and which shall briefly describe the property to be rented, and the rental charge and specify from whom to be rented; provided, however, all such contracts under $1,000 may be entered into without publication as aforesaid.
(f) Any person violating the provisions of subsection (e) shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for not less than one year or more than five years. Upon conviction the office of such person shall become vacant.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 311Senator Seevers
CHAPTER 375
AN ACT authorizing the board of county commissioners of Mineral County to order the transfer of moneys from the Courthouse Construction Fund to the Mount Grant General Hospital Construction Fund to be used for construction uses and uses allied thereto; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
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 is hereby authorized to order the transfer of $19,000 from the balance in the Courthouse Construction Fund to the Mount Grant General Hospital Construction Fund to be used for construction uses and uses allied thereto pursuant to joint action of the board of Mount Grant Hospital trustees and the board of county commissioners of Mineral County.
Sec. 2. The county treasurer and county auditor of Mineral County are directed to make the transfer hereby authorized when ordered so to do by the board of county commissioners.
κ1959 Statutes of Nevada, Page 579 (CHAPTER 375, SB 311)κ
are directed to make the transfer hereby authorized when ordered so to do by the board of county commissioners.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 312Committee on Banks, Banking and Corporations
CHAPTER 376
AN ACT to amend NRS section 659.020, relating to contents of articles of incorporation of banking corporations, by allowing the superintendent of banks to require incorporators to have capital stock in an amount in excess of $50,000.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 659.020 is hereby amended to read as follows:
659.020 1. The articles of incorporation shall contain:
(a) The corporate name adopted by the corporation, which shall be such as to distinguish it from any other banking corporation formed or incorporated in this state, or engaged in the banking business in this state.
(b) The place where its business is to be conducted.
(c) The purpose for which it is formed.
(d) The amount of its capital stock, which shall be divided into shares of the par value of not less than $25 each, and which shall not be less than $50,000, and shall be assessable. The superintendent of banks may, if he deems it necessary, require capital in excess of $50,000.
(e) The amount of its original paid-in surplus, which shall not be less than 20 percent of its capital stock.
(f) The name and place of residence of, and the number of shares subscribed by, each stockholder.
(g) The number of directors, which shall not be less than five, and the names of the stockholders selected to act as the first board of directors, each of whom shall be a bona fide subscriber for at least $1,000 of the stock of the bank, fully paid and not hypothecated. A majority of directors shall be residents of the State of Nevada.
(h) The length of time the corporation is to exist, which shall not exceed 50 years.
(i) The location of all branch offices.
(j) Such other matters, not inconsistent with law, as the incorporators may deem proper.
2. The articles of incorporation may also provide for the issuance and sale of preferred stock in such amount as shall be fixed by the articles or by amendments thereto, and the amount and number of shares thereof, and the terms and conditions thereof not inconsistent with the provisions of this Title.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 580κ
Senate Bill No. 313Committee on Banks, Banking and Corporations
CHAPTER 377
AN ACT to amend NRS sections 661.010, 661.020 and 661.150, relating to minimum capital, paid-up capital, surplus, meetings of directors and examinations of books and records of bank and trust companies, by clarifying the law relating to the amount of capital required to organize banks and trust companies; by allowing an annual audit in lieu of a quarterly examination of such books; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 661.010 is hereby amended to read as follows:
661.010 Hereafter, no bank or trust company shall be organized with a less capital than $50,000, or in a greater amount as may be required by the superintendent of banks, and paid-up surplus of $10,000, and the full amount of the capital and surplus of any bank or trust company must be paid in cash, exclusive of all organization expenses, except as otherwise provided in this Title, before it shall be authorized to commence the business of banking.
Sec. 2. NRS 661.020 is hereby amended to read as follows:
661.020 1. The paid-up capital, together with the surplus of any state bank, shall, subject to the limitations of NRS 661.010, be [such proportion] at least 6 percent of the total deposit liability of the bank as may be determined by the superintendent of banks and the state board of finance. In determining the amount of paid-up capital and surplus that shall be required, the superintendent of banks and the state board of finance shall give due consideration to the character and liquidity of the assets of the bank and to the standards, regarding capital requirements, established by other state and federal banking supervision agencies.
2. The superintendent of banks and the state board of finance may, for the purpose of determining the required amount of capital and surplus for any state bank, include as capital and surplus 6 percent of the par value of all United States Government bonds owned by the bank, and also may include as capital and surplus 6 percent of all cash reserve which exceeds the 15 percent cash reserve required by NRS 662.020.
3. In no case shall the aggregate amount of capital and surplus as hereby determined equal an amount which is less than 6 percent of the deposit liability.
4. The deposit liability for the purposes of this section shall be the average of daily deposit liabilities for a period of 60 days.
5. Nothing in this section shall be deemed to prohibit the acceptance of deposits by any bank while it is proceeding expeditiously, as determined by the superintendent of banks, to comply herewith.
Sec. 3. NRS 661.150 is hereby amended to read as follows:
661.150 1. The board of directors shall meet at least once each month in regular meeting, and at least quarterly a thorough examination of the books, records, funds and securities held by the bank or trust company shall be made.
κ1959 Statutes of Nevada, Page 581 (CHAPTER 377, SB 313)κ
trust company shall be made. Such examination may be dispensed with if an annual audit is made of such books, records, funds and securities.
2. At each meeting of the directors, regular or special, the minutes of the previous meeting shall be read and corrected, as may be desired, and thereupon signed by each director present.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 315Committee on Legislative Functions
CHAPTER 378
AN ACT to amend NRS section 218.200, relating to chaplains for the senate and assembly, by providing that chaplains shall receive a compensation to be fixed by concurrent resolution of the senate and assembly.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.200 is hereby amended to read as follows:
218.200 1. The senate and assembly may invite ministers of the different religious denominations to officiate alternately as chaplains of their respective houses at a compensation [of $5 per day.] to be fixed by concurrent resolution of the senate and the assembly.
2. Compensation shall be paid out of the legislative fund at the same time and in the same manner as other payments for services to the houses are made. The state controller is authorized to draw his warrant for the payment of the compensation, and the state treasurer is authorized and directed to pay the same.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 321Senators Settelmeyer and Whitacre
CHAPTER 379
AN ACT transferring moneys in obsolete or inactive funds to the general fund in the state treasury or the state highway fund.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Any moneys remaining in the Nevada state prison sack fund are hereby transferred to the general fund in the state treasury.
Sec. 2. Any moneys remaining in any fund created pursuant to the provisions of chapter 147, Statutes of Nevada 1935, are hereby transferred to the general fund in the state treasury.
Sec. 3. Any moneys remaining in any fund created pursuant to the provisions of chapter 358, Statutes of Nevada 1955, are hereby transferred to the general fund in the state treasury.
κ1959 Statutes of Nevada, Page 582 (CHAPTER 379, SB 321)κ
Sec. 4. Any moneys remaining in any fund created pursuant to the provisions of chapter 430, Statutes of Nevada 1955, are hereby transferred to the general fund in the state treasury.
Sec. 5. Any moneys remaining in any fund created pursuant to the provisions of sections 3, 10 and 15 of chapter 275, Statutes of Nevada 1957, and any fund created for the purpose of completing the construction of Manzanita Hall at the University of Nevada, Reno, Nevada, and for the advance planning for the industrial school for girls and for archive storage pursuant to the provisions of chapter 275, Statutes of Nevada 1957, are hereby transferred to the general fund in the state treasury.
Sec. 6. Any moneys remaining from moneys appropriated for the support of the state planning board in carrying out the design, construction and equipment of a Nevada highway control post at Wells, Nevada, pursuant to the provisions of chapter 275, Statutes of Nevada 1957, are hereby transferred to the state highway fund.
Sec. 7. Any moneys remaining in any fund created pursuant to section 3 of chapter 15, Statutes of Nevada 1956, are hereby transferred to the general fund in the state treasury.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 331Senator Echeverria
CHAPTER 380
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, as amended.
[Approved March 30, 1959]
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 168, Statutes of Nevada 1929, at page 268, is hereby amended to read as follows:
Section 2. [As soon as possible after the passage and approval of this act, or after this act shall become a law, the county commissioners of Washoe County shall appoint a county library board for Washoe County, consisting of three members, as follows: One of such members shall be appointed for a period expiring on July 1, 1930, one for a period expiring July 1, 1931, and the other for a period expiring on July 1, 1932, and said board of commissioners shall appoint one member annually from and after July 1, 1930, for the term of three years. Not more than two members of said library board shall be appointed from the same school district.] The board of county commissioners of Washoe County shall appoint a county library board for Washoe County, consisting of five members. The terms of the three members of the county library board heretofore appointed by the board of county commissioners pursuant to law shall, in accordance with the provisions of their certificates of appointment, expire on July 1, 1959, July 1, 1960, and July 1, 1961.
κ1959 Statutes of Nevada, Page 583 (CHAPTER 380, SB 331)κ
three members of the county library board heretofore appointed by the board of county commissioners pursuant to law shall, in accordance with the provisions of their certificates of appointment, expire on July 1, 1959, July 1, 1960, and July 1, 1961. On or after July 1, 1959, the board of county commissioners shall appoint three members of the county library board as follows: One of such members shall be appointed for a term of 3 years to fill the vacancy occasioned by the expiration of the term of the present member on July 1, 1959; one of such members shall be appointed for a term of 1 year expiring July 1, 1960; and one of such members shall be appointed for a term of 2 years expiring July 1, 1961. All initial appointments made after July 1, 1960, shall be for terms of 3 years. Any vacancy occurring during the term of office of a member of the county library board shall be filled by appointment by the board of county commissioners for the balance of the unexpired term.
Sec. 2. Section 12A of the above-entitled act, being chapter 168, Statutes of Nevada 1929, at page 271, is hereby amended to read as follows:
Section 12A. [The said library board shall, on or before the first day of July, 1930, establish and equip and maintain branch county libraries in each school district of the county having a voting population of one thousand or over at the last preceding general election, and shall provide a full-time librarian for each of such branch libraries, said librarian shall be considered as assistant to the librarian of the county library. Said library board may also establish and equip branch libraries at such other places] The county library board may establish and equip branch libraries at other places outside the county seat as may be deemed proper and they shall make such arrangement as shall give the people of Washoe County the greatest use of the county library. Expenses incurred by this section shall be a proper charge against the Washoe County library fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 335Senators Echeverria, Duffy, Slattery, Lamb, Monroe, Frank, Seevers and Brown
CHAPTER 381
AN ACT to amend NRS section 286.520, relating to the employment of retired persons by the state and political subdivisions, by authorizing a retired person who is elected or appointed as a county commissioner, city councilman or legislator to waive any retirement rights accruing by such service and thereafter to receive his retirement allowance during the entire period of service in such designated offices.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.520 is hereby amended to read as follows:
286.520 1. Any person accepting or receiving the benefits of retirement compensation under this chapter shall not be employed in any capacity by the State of Nevada, by a political subdivision of the State of Nevada, or any department, branch or agency thereof, except as provided in subsection 2.
κ1959 Statutes of Nevada, Page 584 (CHAPTER 381, SB 335)κ
capacity by the State of Nevada, by a political subdivision of the State of Nevada, or any department, branch or agency thereof, except as provided in subsection 2. Any person accepting or enjoying the benefits of retirement compensation under this chapter who accepts employment or receives any other compensation from the State of Nevada, from a political subdivision of the State of Nevada, or any department, branch or agency thereof for services rendered, except as provided in subsection 2, shall forfeit all the benefits of this chapter so long as he shall retain such employment or receive such compensation. The proper officer shall forthwith strike such persons name from the retirement compensation roll and refuse to honor any requisitions for retirement compensation made by such person.
2. Persons accepting or receiving the benefit of retirement compensation under this chapter may:
(a) Be employed as members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is noncompensable except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission shall not be regarded as compensation, provided such fees do not normally exceed a total of $300 in a calendar year.
(b) Return to employment for the State of Nevada or a political subdivision thereof during any 1 calendar year without forfeiture of retirement benefits until they have earned a gross amount of $1,200, at which time the benefits of retirement compensation shall be suspended and shall remain suspended for any month during which such person is employed for any period of time by the State of Nevada or its political subdivisions.
3. Within 10 days after return to employment such person shall notify the board of the fact of his employment. Failure to notify shall result in the forfeiture of retirement benefits for the period of employment.
4. A person is not considered to have returned to employment in any calendar year unless he has been absent from employment by the State or Nevada or a political subdivision thereof for not less than 1 calendar month immediately preceding his return.
5. Notwithstanding any other provisions of this section or chapter any retired person who is elected or appointed as a county commissioner, city councilman or legislator may elect to waive any retirement rights accruing by such service and may thereafter receive his retirement allowance during the entire period of service in such designated offices.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 585κ
Assembly Bill No. 28Miss Herr
CHAPTER 382
AN ACT to amend NRS section 305.230, relating to the selling or furnishing of alcoholic beverages on election days, by exempting elections at which the sole matter voted on is the assumption or creation of any public indebtedness.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 305.230 is hereby amended to read as follows:
305.230 1. It shall be unlawful during the hours when the polls are open for any person to sell, give away or furnish, or cause to be sold, given away or furnished, either for or without pay, any spirituous, malt or fermented liquors or wines:
(a) Within any city on any day upon which any city election is held therein;
(b) Within any county on any day upon which a county election is held therein; or
(c) Within this state on any day upon which a statewide primary or general election is held.
2. Any person violating any of the provisions of subsection 1 shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000 or by imprisonment in the county jail for not less than 1 month nor more than 6 months, or by both fine and imprisonment.
3. The provisions of subsection 1 shall not apply to any election at which the sole matter to be voted on therein relates to the creation or assumption of any public indebtedness to be evidenced by bonds or otherwise.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 124Messrs. Leavitt and Harmon
CHAPTER 383
AN ACT appropriating moneys for the support and maintenance of the Lost City museum for the year beginning July 1, 1959, and ending June 30, 1960; providing for payment of a salary to the curator, assistant curator and clerical help; providing for the purchase of equipment; providing for capital improvements; providing that the superintendent of the state department of buildings and grounds shall expend the moneys herein appropriated for the purposes mentioned; and providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the year beginning July 1, 1959, and ending June 30, 1960, there is hereby appropriated from the general fund in the state treasury the sum of $11,895, for the support and maintenance of the Lost City museum in Clark County, Nevada.
κ1959 Statutes of Nevada, Page 586 (CHAPTER 383, AB 124)κ
of the Lost City museum in Clark County, Nevada. Of the $11,895 herein appropriated, $5,000 shall be expended for the salary of the curator of the museum, $1,000 shall be expended for salaries of an assistant curator and clerical help, $1,800 shall be expended for capital improvements, $3,500 shall be expended for operating costs, and $595 shall be expended for equipment. The funds herein appropriated shall be expended as herein directed by the superintendent of the state department of buildings and grounds and shall be paid out on claims as other claims against the state are paid.
________
Assembly Bill No. 176Messrs. Pasquale and Buckingham
CHAPTER 384
AN ACT to amend chapter 317 of NRS, relating to television maintenance districts, by creating new provisions authorizing annexation of territory to such district; providing for the creation, alteration and abolition of divisions within such districts; authorizing such districts to borrow money; providing for an election concerning the issuance and sale of special assessment or revenue bonds, prescribing the form, denominations, security and manner or sale and retirement of such bonds, and by providing for the disposition of the proceeds thereof; to amend NRS sections 317.040 and 317.060, relating to the powers and duties of district trustees and the assessment of television receivers, by authorizing expenditures for capital improvements and providing for the assessment of television receivers or service charges to retire any bonds issued or to repay moneys borrowed; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 317 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. Whenever the trustees of a television maintenance district find it necessary to obtain funds through the sale of special assessment or revenue bonds, such trustees shall proceed with an election in the manner provided by NRS 350.010 to 350.070, inclusive.
Sec. 3. The bonds shall:
1. Be prepared in such denominations as the trustees see fit.
2. Bear interest at a rate not exceeding 4 percent per annum, payable annually on the 1st Monday in January.
3. Be numbered consecutively.
4. Be made payable in lawful money of the United States.
5. Be signed by each trustee.
6. Have interest coupons attached in such a manner that they can be removed upon the payment of installments of the interest without injury to the bonds.
Sec. 4. 1. The trustees may negotiate the sale of the bonds, or such number thereof as the trustees decide, to the highest and best bidder, giving preference to the State of Nevada. The trustees may reject any or all bids. Bonds may be sold at private sales.
κ1959 Statutes of Nevada, Page 587 (CHAPTER 384, AB 176)κ
2. No bond may be sold for less than par value.
Sec. 5. 1. Special assessment bonds shall be secured by payment of special assessments as provided in NRS 317.060.
2. Revenue bonds shall be secured by service charges imposed upon owners of assessable television sets in the district. The trustees may use any lawful method to determine what service charge shall be imposed, including, but not limited to, the following:
(a) A flat rate charge.
(b) Number of receivers.
(c) Value of property served by such assessable television receiver.
(d) Character of property served by such assessable television receiver.
Sec. 6. All moneys collected through service charges shall be paid to the county treasurer of the county in which the greatest number of assessable television receivers is located, to be used in paying the principal and interest on any revenue bonds issued by the trustees.
Sec. 7. 1. The trustees shall pay the proceeds from the sale of bonds to the county treasurer of the county in which the greatest number of assessable television receivers in the district is located.
2. The county treasurer shall:
(a) Keep a detailed record of such proceeds.
(b) Assign the proceeds to a special fund.
(c) Pay out of such fund such amounts as the trustees may determine to be necessary in making capital improvements.
Sec. 8. It shall be legal for the State of Nevada and any of its 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 by this chapter.
Sec. 9. Notwithstanding any other provision of law, any bonds issued by the trustees shall constitute a lien upon assessable television receivers in the district and any real or personal property owned by the district, and no other property.
Sec. 10. 1. The bonds shall be redeemed and retired in equal annual installments and shall be retired consecutively in the order of their numbering.
2. The first of the bonds shall be redeemed within 2 years of the issue date thereof, and the last installment shall be redeemed within 20 years of the issue date of the bonds.
Sec. 11. The faith of the State of Nevada is pledged that chapter 317 of NRS shall not be repealed or the assessment or charges imposed thereby be omitted until all the bonds issued thereunder and by virtue thereof shall have been paid in full.
Sec. 12. Whenever the trustees of a television maintenance district receive the petition of a majority of the registered electors residing in an area, definitely described in the petition, which is outside the boundaries of the district but within the county, requesting that such area be annexed to the district, they may, if they deem such action to be in the best interests of the district, adopt a resolution requesting the board of county commissioners to annex to the district the area described in the resolution.
κ1959 Statutes of Nevada, Page 588 (CHAPTER 384, AB 176)κ
described in the resolution. Upon receipt of such resolution the board of county commissioners shall enter its order declaring that such area is annexed to and a part of the district.
Sec. 13. 1. Whenever the trustees of a television maintenance district deem such action to be in the best interests of the district they may, by resolution, divide the district into divisions, the boundaries of which shall be definitely described in the resolution. A copy of the resolution shall be filed with the board of county commissioners.
2. Such divisions may be abolished or the boundaries thereof altered from time to time in the manner provided in subsection 1 for the creation of such divisions.
Sec. 14. NRS 317.040 is hereby amended to read as follows:
317.040 1. The trustees may hold property in trust for the district, and for that purpose may take property by grant, gift, devise or any other method, and may do all things proper or necessary for managing the affairs of the district [.] , including the making of expenditures for capital improvements.
2. The trustees, from time to time, may borrow sums not exceeding $50,000 for the purpose of making expenditures for capital improvements. Such loans may be secured by any real or personal property owned by the district. Such loans may be repaid from the proceeds of special assessments levied within the district or any division thereof as provided in NRS 317.060.
3. The trustees may prepare, issue and sell special assessment or revenue bonds for the purpose of providing funds for capital improvements.
Sec. 15. NRS 317.060 is hereby amended to read as follows:
317.060 The trustees of the district shall annually certify to the board of county commissioners the amount of money necessary to maintain the property of the district, [and the] any special assessments needed to pay the principal or interest on special assessment bonds issued by the trustees, and any special assessments applicable to the district as a whole or any division thereof to pay the principal or interest on any loan made pursuant to NRS 317.040. The board of county commissioners, at the time of levying county taxes, shall make [an] such assessment or assessments against every television receiver operated within the district or any division thereof, which receiver is used to receive the television broadcasts supplied by the district, in an amount sufficient to raise the money required by the district. Such assessments shall be collected by the county assessor in the same manner as taxes are collected on unsecured personal property.
Sec. 16. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 589κ
Assembly Bill No. 336Messrs. Harmon and Ryan
CHAPTER 385
AN ACT to amend chapter 244 of NRS, relating to county government, by creating a new provision relating to the right of appeal of a person whose work permit or identification card required for employment in a licensed gambling establishment has been revoked or suspended by the sheriff or other county officer.
[Approved March 30, 1959]
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:
Whenever under the provisions of any law or county ordinance a person is required to obtain a work permit or identification card from the sheriff or other county officer as a condition of employment in a licensed gambling establishment, and such work permit or identification card is revoked or suspended by the sheriff or other county officer, the person aggrieved may appeal therefrom to the board of county commissioners.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 378Miss Herr
CHAPTER 386
AN ACT to amend NRS sections 426.290 and 426.440, relating to assistance provided blind persons by persons not liable for their support and income furnished to applicants for and recipients of aid to the blind by relatives, by providing that free items of need furnished blind persons shall constitute income for the purpose of computing grants of aid and that only income actually furnished to blind persons which is not inconsequential or unpredictable may be deemed income available for support; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 426.290 is hereby amended to read as follows:
426.290 Free board and lodging supplied to an applicant because of his necessity therefor, by a friend or relative, shall not be a ground for refusing aid [.] ; but free board, lodging or other items of need furnished free to a recipient of aid under this chapter shall constitute income to the recipient in computing the grant of aid provided for in this chapter.
Sec. 2. NRS 426.440 is hereby amended to read as follows:
426.440 1. Only such income as is actually [regularly paid] furnished to an applicant or recipient by a relative and is not inconsequential or unpredictable may be deemed income available to the applicant or recipient for his support.
κ1959 Statutes of Nevada, Page 590 (CHAPTER 386, AB 378)κ
2. No relative of an applicant for or recipient of aid to the blind may be held liable for contributions to the support of such applicant or recipient except in the case of the parent of a minor child applying for, or receiving, aid to the blind.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 410Mr. Gibson
CHAPTER 387
AN ACT to amend chapters 266 and 292 of NRS, relating to registration of electors and incorporation of cities and towns, by requiring primary elections in cities of the first and second classes incorporated under general law; by providing the procedure for such elections; by transferring the provisions relating to registration lists in certain cities from chapter 297 of NRS to chapter 292 of NRS; to repeal chapter 297 of NRS, relating to municipal elections, and NRS sections 266.625 to 266.645, inclusive, relating to elections in certain cities; and providing other matters properly relating thereto.
[Approved March 30, 1959]
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 the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. 1. A primary city election shall be held in each city of the first and second classes on the 1st Tuesday after the 1st Monday in May of every year in which a general city election is to be held, at which time there shall be nominated candidates for offices to be voted for at the next general city election.
2. A candidate for any office to be voted for at the primary city election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of 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 in an amount fixed by the city council by ordinance. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
3. 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 chapter, and from which they file their candidacy.
4. If in the primary city election one candidate receives 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 city election. If in the primary city election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes shall be placed on the ballot for the general city election.
κ1959 Statutes of Nevada, Page 591 (CHAPTER 387, AB 410)κ
Sec. 3. A general city election shall be held in each city of the first and second classes on the 1st Tuesday after the 1st Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 or 4 years thereafter as determined by law, ordinance or resolution, at which time there shall be elected such elective city officers, the offices of which are required next to be filled by election. 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 chapter.
Sec. 4. 1. A general city election shall be held in each city of the third class on the 1st Tuesday after the 1st Monday in May of the first odd-numbered year after incorporation, and on the same day either every 2 years or every 4 years thereafter as determined by ordinance, at which shall be elected one mayor and three councilmen.
2. A candidate for any office to be voted for at the general city 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 general city 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 in an amount fixed by the city council by ordinance.
3. Candidates for mayor shall be voted upon by the electors of the city at large. Candidates for councilman 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 chapter.
Sec. 5. All elections held under this chapter shall be governed by the provisions of the election 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.
Sec. 6. Every person who resides within the exterior boundaries of the city at the time of holding any city election, and whose name appears upon the official register of voters in and for the city, shall have the right to vote at each city election, whether special, primary or general and for all officers to be voted for and on all questions that may be submitted to the people at any such primary, general or special city elections, except as otherwise provided in this chapter, and nothing herein shall be so construed as to deny or abridge the power of the council to provide for a supplemental registration.
Sec. 7. 1. The election returns from any special, primary or general city election shall be filed with the city clerk, who shall immediately place the same in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with the same until canvassed by the mayor and council.
2. The mayor and council shall meet within 5 days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the city clerk for 6 months and no person shall have access thereto except on order of a court of competent jurisdiction, or by order of the council.
κ1959 Statutes of Nevada, Page 592 (CHAPTER 387, AB 410)κ
and no person shall have access thereto except on order of a court of competent jurisdiction, or by order of the council.
3. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the first regular meeting of the council next succeeding that in which the canvass of returns was made as provided in subsection 2.
Sec. 8. A contested election for any city office shall be determined according to the law of the state regulating proceedings in contested elections in county offices.
Sec. 9. Chapter 292 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 16, inclusive, of this act.
Sec. 10. 1. In each incorporated city within this state polling more than 2,000 votes at the last general election preceding any special or regular municipal election, it shall not be necessary to have a new registration of electors.
2. During the time intervening between the closing of any registration of electors at the last preceding general election and the date of the next ensuing general or special municipal election, the justice of the peace or other registry agent of any township within this state which has within its limits any such incorporated city shall prepare and certify a copy of the official register of the last preceding general election.
3. The copy of the official register shall be prepared in suitable books, one for each ward within such incorporated city, and shall:
(a) Contain the names of all the electors contained in the official register, alphabetically arranged with the surnames first.
(b) Contain, opposite each name, the number the name bears on the official register.
(c) Contain all other entries found opposite each name in the official register.
(d) Indicate, with a cross of red ink, those electors whose addresses show that they do not reside within the corporate limits of the city.
4. The registry agent shall keep the original certified copy of the official register in his office.
Sec. 11. Not later than the day preceding the day on which the election is to be held, the registry agent shall prepare a checklist for each ward. Each checklist shall be prepared in an index book and shall contain:
1. Lists of the names of all the electors found in the official register for that ward, alphabetically arranged with the surnames first.
2. The number each name bears in the official register, which number shall be placed at the left of the name of the elector.
3. A blank column at the right of the column of names formed by two parallel perpendicular lines with a written heading showing the particular election to which the checklist applies. The inspectors of the election shall check the names of those persons voting in the blank column with some particular symbol, such as V for voted.
Sec. 12. Before delivering the copy of the registration list and the checklist as provided in section 13 of this act, the registry agent shall enter upon them:
κ1959 Statutes of Nevada, Page 593 (CHAPTER 387, AB 410)κ
the checklist as provided in section 13 of this act, the registry agent shall enter upon them:
1. The names of electors registering at the supplemental registration for the election.
2. The names of all electors who have moved from one ward to another ward in the city, which names have been legally transferred by the registry agent.
Sec. 13. Not later than the day next preceding the day on which the municipal election is to be held, the registry agent shall deliver to one of the inspectors of the election in each ward:
1. A copy of the official register duly certified to by the registry agent.
2. The checklist for the ward duly certified to by the registry agent. As provided by law, checklists shall be carefully preserved and transmitted by the inspectors of the election to the clerk of the city council as a part of and in connection with the election returns.
3. The original official register or registers containing the names and original signatures of all electors registered for the last preceding general election and entitled to vote at such polling place, together will all the original registration cards containing the signatures of electors registered at the supplemental registration held for the election. The original list and original registration cards shall be kept by one of the inspectors of the election of each ward to be used for the purpose of identifying the electors, and shall be returned to the registry agent upon the completion of the canvass of the vote by the election board.
Sec. 14. The city council of the incorporated city shall provide all necessary books and supplies for carrying out the provisions of sections 10 to 13, inclusive, of this act.
Sec. 15. If the city council shall deem it necessary and expedient, the city council shall cause a list of the registered voters to be printed.
Sec. 16. 1. As full compensation for all services rendered under the provisions of sections 10 to 13, inclusive, of this act, each registry agent shall be entitled to receive the sum of 15 cents for each name of an elector copied by him, regardless of the number of times each name is copied.
2. His account shall be:
(a) A valid claim against the city.
(b) Made out so as to show clearly the number of names copied by him.
(c) Sworn to and filed with the city council.
3. His claim, together with all other just and reasonable demands of other persons for books, advertising and supplies necessarily incurred in carrying out the requirements of sections 10 to 16, inclusive, of this act, shall be audited and paid out of the general fund of the city.
Sec. 17. Chapter 297 of NRS and NRS 266.625 to 266.645, inclusive, are hereby repealed.
Sec. 18. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 594κ
Assembly Bill No. 433Committee on Social Welfare
CHAPTER 388
AN ACT to amend NRS sections 423.010, 423.050 and 423.060, relating to the Nevada state childrens home, definitions and the qualifications, selection and salary of the superintendent of such home, by defining a term; by providing a salary increase for the superintendent and providing a salary for the matron of such home; by providing that the superintendent and matron of the Nevada state childrens home be in the unclassified service; and by providing other matters properly relating thereto.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 423.010 is hereby amended to read as follows:
423.010 As used in this chapter:
1. Board means the state welfare board.
2. Department means the state welfare department.
3. Director means the state welfare director.
4. Matron means the matron of the Nevada state childrens home.
5. Superintendent means the superintendent of the Nevada state childrens home.
Sec. 2. NRS 423.050 is hereby amended to read as follows:
423.050 1. The state welfare board shall select a superintendent and matron of the Nevada state childrens home, who shall serve at the pleasure of the state welfare board.
2. The superintendent and matron shall be selected on the basis of [his] training, experience, capacity and interest in child welfare [.] , and shall be in the unclassified service of the state.
Sec. 3. NRS 423.060 is hereby amended to read as follows:
423.060 The superintendent of the Nevada state childrens home shall receive an annual salary of [$4,800.] $6,000. The matron of the Nevada state childrens home shall receive an annual salary of $3,600.
________
Assembly Bill No. 450Messrs. Humphrey (Washoe) and Bailey
CHAPTER 389
AN ACT to amend NRS section 350.020, relating to bond elections, by exempting from the bond election requirement incorporated cities organized and existing under any special legislative act or special charter enacted or granted pursuant to the provisions of section 1 of article 8 of the constitution of the State of Nevada.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 350.020 is hereby amended to read as follows:
350.020 Whenever any municipal corporation in the State of Nevada proposes to issue bonds or provide for loans in any amount within the limit of indebtedness authorized by law, the proposal for the bond issue or loan shall be submitted to the electors of the municipal corporation at a general election or special election called for that purpose [.]
κ1959 Statutes of Nevada, Page 595 (CHAPTER 389, AB 450)κ
the bond issue or loan shall be submitted to the electors of the municipal corporation at a general election or special election called for that purpose [.] ; but the provisions of NRS 350.020 to 350.070, inclusive, shall not be applicable to incorporated cities 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 8 of the constitution of the State of Nevada. Nothing herein contained shall be construed as preventing any such special legislative act or special charter from adopting the provisions of NRS 350.020 to 350.070, inclusive, as from time to time amended, by reference thereto.
Sec. 2. 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. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 485Committee on Education
CHAPTER 390
AN ACT to amend NRS section 392.150, relating to the appointment and duties of attendance officers of school districts, by providing that such officers need not be certified employees of the school district.
[Approved March 30, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 392.150 is hereby amended to read as follows:
392.150 The board of trustees of a school district may:
1. Appoint and remove at pleasure an attendance officer [.] , who need not be a certified employee of the school district.
2. Fix his compensation.
3. Prescribe his duties.
4. Make rules and regulations not inconsistent with law for the performance of his duties.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 596κ
Senate Bill No. 236Committee on Aviation, Transportation and Highways
CHAPTER 391
AN ACT to amend chapter 37 of NRS, relating to eminent domain proceedings, by defining terms; to amend NRS sections 37.100, 37.170 and 37.180, relating to occupancy of premises by the plaintiff and to abandonment of condemnation proceedings, by permitting occupancy upon motion of the plaintiff and until entry of judgment; by allowing damages to defendant; and by providing other matters properly relating thereto.
[Approved March 31, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 37 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in this chapter, unless the context otherwise requires:
1. Final judgment means a judgment which cannot be directly attacked by appeal, motion for new trial or motion to vacate the judgment.
2. Judgment means the judgment determining the right to condemn property and fixing the amount of compensation to be paid by the plaintiff.
Sec. 2. NRS 37.100 is hereby amended to read as follows:
37.100 1. The plaintiff may move the court or a judge thereof, at any time after the commencement of suit, on notice for such time as the court or judge may direct to the defendant, if he is a resident of the county, or has appeared in the action, otherwise by serving a notice directed to him on the clerk of the court, for an order permitting the plaintiff to occupy the premises sought to be condemned, pending the [action,] entry of judgment, and to do such work thereon as may be required for the easement, fee, or property rights sought, according to its nature.
2. The court or a judge thereof shall take proof, by affidavit or otherwise, of the value of the premises sought to be condemned and of the damages which will accrue from the condemnation, and of the reasons for requiring a speedy occupation, and shall grant or refuse the motion according to the equity of the case and the relative damages which may accrue to the parties.
3. If the motion is granted, the court or judge shall require the plaintiff to execute and file in court a bond to the defendant, with sureties, to be approved by the court or judge in a penal sum to be fixed by the court or judge, not less than double the value of the premises sought to be condemned and the damages which will ensue from condemnation and occupation, as the same may appear to the court or judge on the hearing, and conditioned to pay the adjudged value of the premises and all damages, in case the property is condemned, and to pay all damages arising from occupation before judgment in case the premises are not condemned, and all costs adjudged to the defendant in the action. The sureties shall justify before the court or judge, after a reasonable notice to the defendant of the time and place of justification. The amounts fixed shall be for the purpose of the motion only, and shall not be [admissable] admissible in evidence on final hearing.
κ1959 Statutes of Nevada, Page 597 (CHAPTER 391, SB 236)κ
of the motion only, and shall not be [admissable] admissible in evidence on final hearing.
4. The court or judge may also [, pending the action,] restrain the defendant from hindering or interfering with the occupation of the premises and the doing thereon of the work required for the easement, fee, or property rights.
5. The provisions of this section requiring the execution and filing of a bond shall not apply in any action or proceeding in which the State of Nevada is the plaintiff, but the public faith and credit of the State of Nevada is hereby pledged as security in lieu of the bond.
Sec. 3. NRS 37.170 is hereby amended to read as follows:
37.170 1. At any time after the entry of judgment, or pending an appeal from the judgment to the supreme court, whenever the plaintiff shall have paid into court for the defendant the full amount of the judgment, and such further sum as may be required by the court as a fund to pay any further damages and costs that may be recovered in the proceedings, as well as all damages that may be sustained by the defendant, if for any cause the property shall not be finally taken for public use, the district court in which the proceeding was tried may, upon [notice of not less than 10 days,] motion of the plaintiff, authorize the plaintiff, if already in possession, to continue therein, and if not, then to take possession of and use the property during the pendency of and until the final conclusion of the litigation, and may, if necessary, stay all actions and proceedings against the plaintiff on account thereof.
2. The defendant, who is entitled to the money paid into court for him upon any judgment, shall be entitled to demand and receive the same at any time thereafter upon obtaining an order therefor from the court. The court or judge thereof shall, upon application being made by such defendant, order and direct that the money so paid into court for him be delivered to him upon his filing a satisfaction of the judgment, or upon his filing a receipt therefor, and an abandonment of all defenses to the action or proceeding, except as to the amount of damages that he may be entitled to in the event that a new trial shall be granted. A payment to a defendant, as aforesaid, shall be held to be an abandonment by such defendant of all defenses interposed by him, excepting his claim for greater compensation.
3. If the plaintiff appeals from any final order or judgment of the court, any moneys paid into the court under the provisions of this section shall remain in the custody of such court pending final conclusion of litigation.
Sec. 4. NRS 37.180 is hereby amended to read as follows:
37.180 1. Plaintiff may abandon the proceedings at any time after filing the complaint and before the expiration of 30 days after final judgment, by serving on defendants and filing in court a written notice of such abandonment. Upon such abandonment, on motion of any party, a judgment shall be entered dismissing the proceeding and awarding the defendants their costs and disbursements, which shall include all necessary expenses incurred in preparing for trial and reasonable attorney fees. These costs and disbursements, including expenses and attorney fees, may be claimed in and by a cost bill, to be prepared, served, filed and taxed as in civil actions; but upon judgment of dismissal on motion of plaintiff, defendants, and each of them, may file a cost bill within 30 days after notice of entry of such judgment.
κ1959 Statutes of Nevada, Page 598 (CHAPTER 391, SB 236)κ
expenses and attorney fees, may be claimed in and by a cost bill, to be prepared, served, filed and taxed as in civil actions; but upon judgment of dismissal on motion of plaintiff, defendants, and each of them, may file a cost bill within 30 days after notice of entry of such judgment.
2. If the plaintiff has been placed in possession of the premises under the provisions of NRS 37.100 to 37.170, inclusive, the defendant is entitled to all damages arising from such occupancy.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 235Committee on Aviation, Transportation and Highways
CHAPTER 392
AN ACT to amend NRS sections 408.235, 408.290 and 408.999, relating to the state highway fund, establishment of new routes and changes of location in state highways and disposal of property, by allowing the chief accountant of the department of highways to certify claims; by deleting references to the Defense Highway Act of 1941 and to changes of location, by providing for a method of sale of real property under certain conditions by the board of directors of the department of highways; to repeal NRS section 405.190, relating to permits to excavate, as being duplicated by NRS section 408.955; and by providing other matters properly relating thereto.
[Approved March 31, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.235 is hereby amended to read as follows:
408.235 1. There is hereby created in the state treasury the state highway fund.
2. The proceeds from the imposition of any license or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this state and the proceeds from the imposition of any excise tax on gasoline or other motor vehicle fuel shall be deposited in the state highway fund and shall, except for costs of administering the collection thereof, be used exclusively for administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.
3. Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle shall be limited to a sum not to exceed 22 percent of the total proceeds so collected.
4. Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel shall be limited to a sum not to exceed 1 percent of the total proceeds so collected.
5. All bills and charges against the state highway fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter shall be certified by the engineer or the accountant and shall be presented to and examined by the state board of examiners. When allowed by the state board of examiners and upon being audited by the state controller, the state controller shall draw his warrant therefor upon the state treasurer.
κ1959 Statutes of Nevada, Page 599 (CHAPTER 392, SB 235)κ
examiners and upon being audited by the state controller, the state controller shall draw his warrant therefor upon the state treasurer.
Sec. 2. NRS 408.290 is hereby amended to read as follows:
408.290 The department may supplement the state highway system by establishing new routes into or in the vicinity of municipalities and metropolitan areas with the approval of the board of county commissioners of the county in which such [change] additions may be proposed and with the approval of the city council of any incorporated city directly affected thereby, [or may change the location of existing routes when studies consummated under section 9 of the Defense Highway Act of 1941, being an Act of Congress entitled An Act to supplement the Federal Aid Road Act, approved July 11, 1916, as amended and supplemented, to authorize appropriations during the national emergency declared by the President on May 27, 1941, for the immediate construction of roads urgently needed for the national defense, and for other purposes, approved November 19, 1941 (c. 474, § 9, 55 Stat. 765), show] if the department determines such additions [or changes] to be necessary.
Sec. 3. NRS 408.999 is hereby amended to read as follows:
408.999 1. All real property, interests therein or improvements thereon and personal property heretofore or hereafter acquired in accordance with the provisions of [this chapter] NRS 408.970 shall, after board approval, be disposed of by the engineer in accordance with the provisions of this section, when such property is found to be no longer required for highway purposes or for other reasonable public use, for [such sums of money] not less than such sums of money as may be determined by the board to be for the best interests of the state, except that:
(a) When such property was originally donated to the state, then no charge shall be made for the same if returned to the original owner or to the holder of the reversionary right.
(b) When such property has been wholly or partially paid for by towns, cities, or counties, then disposal of the same and of money received therefor shall be agreed upon by the governing bodies of the towns, cities and counties and the department.
(c) When the title to such real property has been acquired in fee and, in the opinion of the board, such property cannot be sold by means of public auction or sealed bids without working an undue hardship upon a property owner either as a result of a severance of the property of such owner or a denial of access to a public highway, the board may first offer such property to such owner at a price determined by the board to be in the best interest of the state.
2. All such [real] property, interests or improvements shall be sold by the department to the highest bidder bidding for such property either at public auction or by sealed bids, the notice of which and terms of which shall be published in a newspaper of general circulation in the county where such property is situated. Such auction and bid openings shall be conducted by the department.
3. It shall be conclusively presumed in favor of any purchaser for value and without notice of any such real property, interest therein or improvement thereon conveyed pursuant to this chapter that the department acted within its lawful authority in acquiring and disposing of such property, and that the engineer acted within his lawful authority in executing any conveyance vesting title in such purchaser.
κ1959 Statutes of Nevada, Page 600 (CHAPTER 392, SB 235)κ
department acted within its lawful authority in acquiring and disposing of such property, and that the engineer acted within his lawful authority in executing any conveyance vesting title in such purchaser. All such conveyances shall be quitclaim in nature and the department shall not warrant title, furnish title insurance or United States documentary stamps.
4. [All such personal property shall be sold by the director of the state department of purchasing under the provisions of chapter 333 of NRS.
5.] All sums of money received by the department for the sale of such real and personal property shall be deposited with the state treasurer to be credited to the state highway fund.
Sec. 4. NRS 405.190 is hereby repealed.
Sec. 5. This act shall become effective upon passage and approval.
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Senate Bill No. 31Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 393
AN ACT to amend NRS sections 269.045, 269.050, 269.060, 269.065 and 269.240, relating to prohibitions against interests in contracts and purchases of evidences of indebtedness by town officers and the penalties therefor, and to provisions providing for the creation of a town police department and the finances therefor, by specifying the terms of imprisonment; by clarifying the provision for compensation for police officers; and by deleting unnecessary words.
[Approved April 2, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 269.045 is hereby amended to read as follows:
269.045 1. It shall be unlawful for any trustee of any town or village to become a contractor under any contract or order for supplies or any other kind of contract authorized by or for the board of trustees of which he is a member, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.
2. Any person violating the provisions of subsection 1, directly or indirectly, shall forfeit his office, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment [.] in the state prison for not less than 1 year nor more than 10 years, or by both fine and imprisonment.
Sec. 2. NRS 269.050 is hereby amended to read as follows:
269.050 1. It shall be unlawful for any town officer to be interested in any contract made by such officer, or be a purchaser or be interested in any purchase of a sale made by such officer, in the discharge of his official duties.
2. Any person violating the provisions of subsection 1, directly or indirectly, shall forfeit his office, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment [.] in the state prison for not less than 1 year nor more than 10 years, or by both fine and imprisonment.