[Rev. 2/28/2019 2:20:56 PM]
κ1960 Statutes of Nevada, Page 163 (CHAPTER 131, SB 111)κ
fessional conduct appropriate to establish and maintain a high standard of integrity and dignity in the profession of public accountancy.
2. At least 60 days prior to the promulgation of any such rule or amendment, the board shall mail copies of the proposed rule or amendment to each holder of a permit issued under section 39, together with a notice advising him of the proposed effective date of the rule or amendment and requesting that he submit his comments thereon at least 15 days prior to such effective date. Such comments shall be advisory only. Failure to mail such rule, amendment or notice to all permitholders shall not affect the validity of any such rule or amendment.
Sec. 18. 1. The board shall appoint a certified public accountants grievance committee consisting of three members. Each member shall be a certified public accountant having the qualifications set forth in sections 20 to 32, inclusive. The members shall be appointed for terms of 1 year, 2 years and 3 years, respectively, such terms to commence on April 1, 1960. Thereafter, appointments shall be made for terms of 3 years. The Nevada Society of Certified Public Accountants shall submit the names of three persons for each committee position and the board shall appoint one of the three. Should the Nevada Society of Certified Public Accountants fail within 30 days to submit nominations for the committee position, then the board may make appointments without nominations.
2. The board shall remove from the grievance committee any member whose permit to practice has become void, or has been revoked or suspended, and may, after a hearing, remove any member of the grievance committee for neglect of duty or other just cause.
3. Each member of the certified public accountants grievance committee may be compensated for each day or portion thereof spent in the discharge of his official duties while in attendance at regularly called meetings of the board, not to exceed $25 per day, and shall be reimbursed for his actual and necessary expenses incurred in the discharge of his official duties.
4. The majority of the committee shall constitute a quorum for the performance of any function herein provided.
5. The committee may adopt and amend from time to time regulations for the orderly conduct of its affairs.
6. The committee shall make investigations respecting the conduct of certified public accountants who may have been guilty of violations for which, if guilty thereof, the board might suspend or revoke their certificates, registrations or permits, and shall investigate applications of such accountants for reinstatement. If the committee is of the opinion that disciplinary action is warranted, it shall so recommend to the board. The board shall then proceed as provided in section 42.
Sec. 19. 1. The board shall appoint a public accountants grievance committee consisting of three members as long as there are 25 public accountants registered with the board. Each member shall be a public accountant, who is not a certified public accountant, practicing public accountancy in his own name or as a member of a partnership engaged in the practice of public accounting, and having the other qualifications set forth in section 36.
κ1960 Statutes of Nevada, Page 164 (CHAPTER 131, SB 111)κ
engaged in the practice of public accounting, and having the other qualifications set forth in section 36. The members shall be appointed for terms of 1 year, 2 years and 3 years, respectively, such terms to commence on April 1, 1960. Thereafter, appointments shall be made for terms of 3 years. The Nevada Society of Public Accountants shall submit the names of three persons for each committee position and the board shall appoint one of the three. Should the Nevada Society of Public Accountants fail within 30 days to submit nominations for the committee position, then the board may make appointments without nominations.
2. The board shall remove from the grievance committee any member whose permit to practice has become void, or has been revoked or suspended, and may, after a hearing, remove any member of the grievance committee for neglect of duty or other just cause.
3. Each member of the public accountants grievance committee may be compensated for each day or portion thereof spent in the discharge of his official duties while in attendance at regularly called meetings of the board, not to exceed $25 per day, and shall be reimbursed for his actual and necessary expenses incurred in the discharge of his official duties.
4. The majority of the committee shall constitute a quorum for the performance of any function herein provided.
5. The committee may adopt and amend from time to time regulations for the orderly conduct of its affairs.
6. The committee shall:
(a) Make investigations respecting the conduct of registered public accountants who may have been guilty of violations for which, if guilty thereof, the board might suspend or revoke their registration or permits and shall investigate applications of such accountants for reinstatement. If the committee is of the opinion that disciplinary action is warranted, it shall so recommend to the board. The board shall then proceed as provided in section 42.
(b) Make investigations and recommendations as provided by section 36.
Sec. 20. The certificate of certified public accountant shall be granted by the board to any person who:
1. Is a citizen of the United States or has declared his intention of becoming a citizen; and
2. Is a resident of this state or has a place of business therein or, as an employee, is regularly employed therein; and
3. Has attained the age of 21 years; and
4. Is of good moral character; and
5. Meets the requirements of education and experience as provided in section 21; and
6. Has passed a written examination in theory of accounts, in accounting practice, in auditing, in commercial law as affecting public accounting, and in such other related subjects as the board shall determine to be appropriate.
Sec. 21. 1. During the first 3-year period immediately following April 1, 1960, the educational requirements for a certificate of certified public accountant shall be:
κ1960 Statutes of Nevada, Page 165 (CHAPTER 131, SB 111)κ
April 1, 1960, the educational requirements for a certificate of certified public accountant shall be:
(a) Satisfactory completion of a high school education in a high school accredited by the University of Nevada; or
(b) What the board determines to be substantially the equivalent of paragraph (a) above; and
the experience requirements shall be 4 years of public accounting experience, satisfactory to the board, in any state in practice as a certified public accountant or as a public accountant, or, in any state in employment as a staff accountant by anyone practicing public accounting, or any combination of either of such types of experience, but if all of such experience has been as a certified public accountant of another state, or in the employ of a certified public accountant, then the term shall be 3 years; or such education and experience may be those set out in subsection 4 of this section.
2. During the second 3-year period immediately following April 1, 1960, the educational requirements for a certificate of certified public accountant shall be:
(a) Satisfactory completion of 2 years of study at one or more colleges or universities recognized by the board; or
(b) Graduation from a junior college recognized by the board or a private school or college licensed by the state board of education; or
(c) What the board determines to be substantially the equivalent of paragraphs (a) or (b) of this subsection; and
the experience requirements shall be those specified in subsection 1 of this section; or such education and experience requirements may be those set out in subsection 4 of this section.
3. During the third 3-year period following April 1, 1960, the educational requirements for a certificate of certified public accountant shall be those specified in subsection 2 of this section, and, in addition, satisfactory completion of what the board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration; and the experience requirements shall be those specified in subsection 1 of this section; or other educational and experience requirements may be those set out in subsection 4 of this section.
4. After the expiration of 9 years from April 1, 1960, the educational requirements for a certificate of certified public accountant shall be satisfactory completion of 4 years of study at one or more colleges or universities recognized by the board, with a major in accounting, of what the board determines to be substantially the equivalent of the foregoing; or with a nonaccounting major, supplemented by what the board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration; and the experience requirements shall be 2 years of the experience described in subsection 1 of this section.
Sec. 22. None of the educational requirements specified in subsections 1, 2 or 3 of section 21 shall apply to a candidate for a certificate of certified public accountant who is registered as a public accountant under section 36, or who, on April 1, 1960, was employed as a staff accountant in this state by anyone practicing public accounting, but the experience requirements for such candidate who does not meet such educational requirements shall be 4 years of the experience described in subsection 1 of section 21.
κ1960 Statutes of Nevada, Page 166 (CHAPTER 131, SB 111)κ
under section 36, or who, on April 1, 1960, was employed as a staff accountant in this state by anyone practicing public accounting, but the experience requirements for such candidate who does not meet such educational requirements shall be 4 years of the experience described in subsection 1 of section 21.
Sec. 23. The board may, in its discretion, waive the educational requirements for any candidate for a certificate of certified public accountant if it is satisfied from the result of a special examination given the candidate by the board to test his educational qualifications that he is as well equipped educationally as if he met the applicable educational requirements specified in subsections 1, 2, 3 or 4 of section 21. The board may provide by regulation for the general scope of such examinations and may obtain such advice and assistance as it deems appropriate to assist it in preparing and grading such special examinations.
Sec. 24. The examinations described in subsection 6 of section 20 and the special examinations referred to in section 23 shall be conducted by the board and shall take place as often as the board shall determine to be desirable, but the examinations described in subsection 6 of section 20 shall be held not less frequently than once each year. The board may make such use of all or any part of the Uniform Certified Public Accountants Examination and Advisory Grading Service as it deems appropriate to assist it in performing its duties hereunder.
Sec. 25. A candidate for a certificate of certified public accountant who has met the educational requirements, or with respect to whom they either do not apply or have been waived, shall be eligible to take the examination without waiting until he meets the experience requirements, provided he also meets the requirements of subsections 1, 2 and 4 of section 20.
Sec. 26. A candidate for the certificate of certified public accountant who has successfully completed the examination under subsection 6 of section 20 shall have no status as a certified public accountant unless and until he has the requisite experience and has received his certificate as a certified public accountant.
Sec. 27. 1. The board may by regulation:
(a) Prescribe the terms and conditions under which a candidate who passes the examination in one or more of the subjects indicated in subsection 6 of section 20 may be reexamined in only the remaining subjects, with credit for the subjects previously passed.
(b) Provide for a reasonable waiting period for a candidates reexamination in a subject he has failed.
2. Subject to the provisions of subsection 1 and such other regulations as the board may adopt governing reexaminations, a candidate shall be entitled to any number of reexaminations under subsection 6 of section 20.
Sec. 28. In general, the applicable educational and experience requirements under subsections 1, 2, 3 or 4 of section 21 shall be those in effect on the date of the examination by which the candidate successfully completes his examination under subsection 6 of section 20;
κ1960 Statutes of Nevada, Page 167 (CHAPTER 131, SB 111)κ
but the board may provide by regulation for exceptions to the general rule in order to prevent what it determines to be undue hardship to candidates resulting from changes in the educational and experience requirements as provided in subsections 1, 2, 3 and 4 of section 21.
Sec. 29. 1. The board shall charge each candidate for a certificate of certified public accountant a fee to be determined by the board not in excess of $50 for the initial examination provided for in subsection 6 of section 20 and not in excess of $50 for any special examination for a waiver of the educational requirements.
2. Fees for reexaminations under subsection 6 of section 20 shall also be charged by the board in amounts determined by it, but not in excess of $30 for each subject in which the candidate is reexamined.
3. The applicable fee shall be paid by the candidate at the time he applies for examination or reexamination.
Sec. 30. Any person who has received from the board a certificate as a certified public accountant and who holds a permit issued under section 39, which is in full force and effect, shall be styled and known as a certified public accountant and may also use the abbreviation C.P.A. The board shall maintain a list of certified public accountants. Any certified public accountant may also be known as a public accountant.
Sec. 31. Persons who, on April 1, 1960, held certified public accountant certificates theretofore issued under the laws of this state shall not be required to obtain additional certificates under this chapter, but shall otherwise be subject to all provisions of this chapter; and such certificates theretofore issued shall, for all purposes, be considered certificates issued under this chapter and subject to the provisions hereof.
Sec. 32. The board may, in its discretion, waive the examination under subsection 6 of section 20, and may issue a certificate as a certified public accountant to any person possessing the qualifications specified in subsections 1, 2, 3 and 4 of section 20 and what the board determines to be substantially the equivalent of the applicable qualifications under subsection 6 of section 20, who is the holder of a certificate as a certified public accountant then in full force and effect issued under the laws of any state, or is the holder of a certificate, license or degree in a foreign country constituting a recognized qualification for the practice of public accounting in such country, comparable to that of a certified public accountant of this state, which is then in full force and effect.
Sec. 33. The board may, in its discretion, permit the registration of any person of good moral character who is the holder of a certificate, license or degree in a foreign country constituting a recognized qualification for the practice of public accounting in such country. A person so registered shall use only the title under which he is generally known in his own country, followed by the name of the country from which he received his certificate, license or degree.
Sec. 34. 1. A partnership engaged in this state in the practice of public accounting may register with the board as a partnership of certified public accountants provided it meets the following requirements:
κ1960 Statutes of Nevada, Page 168 (CHAPTER 131, SB 111)κ
certified public accountants provided it meets the following requirements:
(a) At least one general partner thereof must be a certified public accountant of this state in good standing.
(b) Each partner thereof personally engaged within this state in the practice of public accounting as a member thereof must be a certified public accountant of this state in good standing.
(c) Each partner thereof must be a certified public accountant of some state in good standing.
(d) Each resident manager in charge of an office of the firm in this state must be a certified public accountant of this state in good standing.
2. Application for registration must be made upon the affidavit of a general partner who is a certified public accountant of this state in good standing. The board shall in each case determine whether the applicant is eligible for registration. A partnership which is so registered and which holds a permit issued under section 39 may use the words certified public accountants or the abbreviation C.P.A.s in connection with its partnership name. Notification shall be given the board within 1 month after the admission to or withdrawal of a partner from any partnership so registered.
Sec. 35. If an applicant for a certificate as a certified public accountant meets all of the requirements for such a certificate (other than the requirements of subsection 2 of section 20 that he be a resident of this state or have a place of business herein or, as an employee, be regularly employed herein) the board may, in its discretion, issue to him a temporary certificate as a certified public accountant which shall be effective only until the board shall notify him that his application has been either granted or rejected. In no event shall such temporary certificate be in effect for more than 6 months after the date of its issuance.
Sec. 36. 1. Any person who:
(a) Is a resident of this state, or has a place of business therein; and
(b) Has attained the age of 21 years; and
(c) Is of good moral character; and
(d) Meets the requirements of subparagraphs (1) or (2) of this paragraph (d),
may register with the board as a public accountant on or before September 1, 1960:
(1) Persons who held themselves out to the public as public accountants and who were engaged as principals (as distinguished from employees) within this state on April 1, 1960, in the practice of public accounting as their principal occupation.
(2) Persons serving in the Armed Forces of the United States on April 1, 1960, who immediately prior to entering such service held themselves out to the public as public accountants and were engaged as principals (as distinguished from employees) within this state in the practice of public accounting as their principal occupation. In the case of any such person, the time for registration shall be extended for a period of 6 months from the time such person is separated from active duty with such service.
κ1960 Statutes of Nevada, Page 169 (CHAPTER 131, SB 111)κ
for a period of 6 months from the time such person is separated from active duty with such service.
2. The board shall charge a fee, not to exceed $50, for registration hereunder.
3. The board shall in each case determine whether the applicant is eligible for registration. Any individual who is so registered and who holds a permit issued under section 39 shall be styled and known as a public accountant.
4. After the initial registration of public accountants as provided in this section, a license as a public accountant shall be issued upon application for a period beginning as of April 1, 1960, and ending 3 years from April 1, 1960, to any person who:
(a) Has attained the age of 21 years, is of good moral character, is at the time a bona fide resident of the State of Nevada, and is a citizen of the United States or has declared his intention of becoming such a citizen; and
(b) Has not been convicted of a violation of any of the provisions of this chapter; and
(c) Has met the requirements to take the examination provided in section 20; and
(d) Has attained a grade of 75 percent or more in any two of the subjects given in the examination provided in section 20.
5. After the passage of 3 years from April 1, 1960, a license as a public accountant shall be issued only to persons who have met the requirements to take the examination provided under section 20 and have passed the examination as provided in such section.
Sec. 37. 1. A partnership engaged in this state in the practice of public accounting may register with the board as a partnership of public accountants provided it meets the following requirements:
(a) At least one general partner thereof must be a certified public accountant or a public accountant of this state in good standing.
(b) Each partner thereof personally engaged within this state in the practice of public accounting as a member thereof must be a certified public accountant or a public accountant of this state in good standing.
(c) Each resident manager in charge of an office of a firm in this state must be a certified public accountant or a public accountant of this state in good standing.
2. Application for registration must be made upon the affidavit of a general partner of such partnership who holds a permit to practice in this state as a certified public accountant or as a public accountant. The board shall in each case determine whether the applicant is eligible for registration. A partnership which is so registered and which holds a partnership permit issued under section 39 may use the words public accountants in connection with its partnership name. Notification shall be given the board, within 1 month, after the admission to or withdrawal of a partner from any partnership so registered.
Sec. 38. 1. Each office established or maintained in this state for the practice of public accounting in this state by a certified public accountant, or partnership of certified public accountants, or by a public accountant or a partnership of public accountants, or by one registered under section 33 shall be registered annually under this chapter with the board.
κ1960 Statutes of Nevada, Page 170 (CHAPTER 131, SB 111)κ
accountant, or partnership of certified public accountants, or by a public accountant or a partnership of public accountants, or by one registered under section 33 shall be registered annually under this chapter with the board. No fee shall be charged for such registration.
2. Each such office shall be under the direct supervision of a resident manager, who may be either a principal or a staff employee holding a permit, under section 39, which is in full force and effect, but the title or designation certified public accountant or the abbreviation C.P.A. shall not be used in connection with such office unless such resident manager is the holder of a certificate as a certified public accountant under sections 20 to 32, inclusive, and a permit issued under section 39, both of which are in full force and effect. Such resident manager may serve in such capacity at one office only.
3. The board shall by regulation prescribe the procedure to be followed in effecting such registrations.
Sec. 39. 1. Permits to engage in the practice of public accounting in this state shall be issued by the board to holders of the certificate of certified public accountant issued under sections 20 to 32, inclusive, and to persons and partnerships registered under sections 33, 34, 36 and 37, provided all offices of such certificate holder or registrant are maintained and registered as required under section 38.
2. There shall be an annual permit fee in an amount to be determined, from time to time, by the board, not to exceed $25.
3. All permits shall expire on December 31 of each year and may be renewed annually for a period of 1 year by certificate holders and registrants in good standing upon payment of an annual renewal fee of not to exceed $25.
4. Failure of a certificate holder or registrant to apply for such annual permit to practice within:
(a) Three years from the expiration date of the permit to practice last obtained or renewed; or
(b) Three years from the date upon which the certificate holder or registrant was granted his certificate or registration, if no permit was ever issued to him,
shall deprive him of the right to such permit, unless the board, in its discretion, determines such failure to have been due to excusable neglect. In such case the renewal fee or the fee for the issuance of the original permit, as the case may be, shall be such amount as the board shall, from time to time, determine, but not in excess of $75.
Sec. 40. After notice and hearing as provided in section 42, the board may revoke, or may suspend for a period not to exceed 3 years, any certificate issued under sections 20 to 32, inclusive, or any registration granted under section 36, or may revoke, suspend or refuse to renew any permit issued under section 39, or may censure the holder of any such permit, for any one or any combination of the following causes:
1. Fraud or deceit in obtaining a certificate as certified public accountant, or in obtaining registration under this chapter, or in obtaining a permit to practice public accounting under this chapter.
κ1960 Statutes of Nevada, Page 171 (CHAPTER 131, SB 111)κ
2. Dishonesty, fraud or gross negligence in the practice of public accounting.
3. Violation of any of the provisions of sections 46 to 56, inclusive.
4. Violation of a rule of professional conduct promulgated by the board under the authority granted by this chapter.
5. Conviction of a felony under the laws of any state or of the United States.
6. Conviction of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States.
7. Cancellation, revocation, suspension or refusal to renew authority to practice as a certified public accountant or a public accountant by any other state, for any cause other than failure to pay an annual registration fee in such other state.
8. Suspension or revocation of the right to practice before any state or federal agency.
9. Failure to become a citizen of the United States within 6 years by any person not a citizen of the United States when he received a certificate as certified public accountant under this chapter.
10. Failure of a certificate holder or registrant to obtain an annual permit under section 39, within either:
(a) Three years from the expiration date of the permit to practice last obtained or renewed by the certificate holder or registrant; or
(b) Three years from the date upon which the certificate holder or registrant was granted his certificate or registration, if no permit was ever issued to him, unless under section 39 such failure shall have been excused by the board pursuant to the provisions of section 39.
11. Conduct discreditable to the public accounting profession.
Sec. 41. 1. After notice and hearing as provided in section 42, the board shall revoke the registration and permit to practice of a partnership if at any time it does not have all the qualifications prescribed by the section of this chapter under which it qualified for registration.
2. After notice and hearing as provided in section 42, the board may revoke or suspend the registration of a partnership or may revoke, suspend or refuse to renew its permit under section 39 to practice or may censure the holder of any such permit for any of the causes enumerated in section 40, or for any of the following additional causes:
(a) The revocation or suspension of the certificate or registration or the revocation or suspension or refusal to renew the permit to practice of any partner.
(b) The cancellation, revocation, suspension or refusal to renew the authority of the partnership or any partner thereof to practice public accounting in any other state for any cause other than failure to pay an annual registration fee in such other state.
Sec. 42. 1. The board may initiate proceedings under this chapter either on its own motion or on the complaint of any person.
2. A written notice stating the nature of the charge or charges against the accused and the time and place of the hearing before the board on such charge or charges shall be served on the accused not less than 30 days prior to the date of the hearing, either personally or by mailing a copy thereof by registered mail to the address of the accused last known to the board.
κ1960 Statutes of Nevada, Page 172 (CHAPTER 131, SB 111)κ
or by mailing a copy thereof by registered mail to the address of the accused last known to the board.
3. If, after having been served with the notice of hearing as provided for in subsection 2, the accused fails to appear at the hearing and defend, the board may proceed to hear evidence against him and may enter such order as shall be justified by the evidence. The order shall be final unless the accused petitions for a review thereof as provided for herein; but within 30 days from the date of any order, upon a showing of good cause for failing to appear and defend, the board may reopen the proceedings and may permit the accused to submit evidence in his behalf.
4. At any hearing the accused may appear in person and by counsel, produce evidence and witnesses on his own behalf, cross-examine witnesses, and examine such evidence as may be produced against him. The accused shall be entitled, on application to the board, to the issuance of subpenas to compel the attendance of witnesses on his behalf.
5. The board, or any member thereof, may issue subpenas to compel the attendance of witnesses and the production of documents, and may administer oaths, take testimony, hear proofs and receive exhibits in evidence in connection with or upon a hearing under this chapter. In case of disobedience to a subpena the board may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of documentary evidence.
6. The board shall not be bound by technical rules of evidence.
7. A stenographic record of the hearing shall be kept and a transcript thereof filed with the board.
8. At all hearings the attorney general or one of his deputies designated by him or such other legal counsel as may be employed shall appear and represent the board.
9. The decision of the board shall be by majority vote thereof.
10. Any person adversely affected by any order of the board may obtain a review thereof by filing a written petition for review with the district court within 30 days after the entry of the order. The petition shall state the grounds upon which the review is asked and shall pray that the order of the board be modified or set aside in whole or in part. A copy of the petition shall be served forthwith upon any member of the board, and thereupon the board shall certify and file in the court a transcript of the record upon which the order complained of was entered. The case shall then be tried de novo on the record made before the board, without the introduction of new or additional evidence, but the parties shall be permitted to file briefs as in a case at law. The court may affirm, modify or set aside the boards order in whole or in part, or may remand the case to the board for further evidence, and may, in its discretion, stay the effect of the boards order pending its determination of the case. The courts decision shall have the force and effect of a decree in equity.
Sec. 43. Upon application in writing and after a hearing pursuant to notice, the board may issue a new certificate to a certified public accountant whose certificate has been revoked, or may permit the reregistration of any person whose registration has been revoked, or may reissue or modify the suspension of any permit to practice public accounting which has been revoked or suspended.
κ1960 Statutes of Nevada, Page 173 (CHAPTER 131, SB 111)κ
reissue or modify the suspension of any permit to practice public accounting which has been revoked or suspended.
Sec. 44. All statements, records, schedules, working papers and memoranda made by a certified public accountant or a public accountant incident to or in the course of professional service to clients by such accountant, except reports submitted by a certified public accountant or a public accountant to a client, shall be and remain the property of such accountant, in the absence of an express agreement between such accountant and the client to the contrary. No such statement, record, schedule, working paper or memorandum shall be sold, transferred or bequeathed without the consent of the client or his personal representative or assignee, to anyone other than one or more surviving partners or new partners of such accountant.
Sec. 45. Nothing contained in this chapter shall prohibit:
1. Any person not a certified public accountant or public accountant from serving as an employee of, or an assistant to, a certified public accountant or public accountant or partnership composed of certified public accountants or public accountants holding a permit to practice issued under section 39 or a foreign accountant registered under section 33, provided that such employee or assistant shall not issue any accounting or financial statement over his name.
2. A certified public accountant or a registered public accountant of another state, or any accountant who holds a certificate, degree or license in a foreign country, constituting a recognized qualification for the practice of public accounting in such country, from temporarily practicing in this state on professional business incident to his regular practice outside this state, provided that such temporary practice is conducted in conformity with the regulations and rules of professional conduct promulgated by the board.
Sec. 46. 1. Except as otherwise provided in subsection 2, no person shall assume or use the title or designation certified public accountant or the abbreviation C.P.A. or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such person is a certified public accountant, unless such person has received a certificate as a certified public accountant under sections 20 to 32, inclusive, holds a live permit, and all of such persons offices in this state for the practice of public accounting are maintained and registered as required under section 38.
2. A foreign accountant who has registered under the provisions of section 33, and who holds a live permit, may use the title under which he is generally known in his country, followed by the name of the country from which he received his certificate, license or degree.
Sec. 47. No partnership shall assume or use the title or designation certified public accountant or the abbreviation C.P.A. or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such partnership is composed of certified public accountants unless such partnership is registered as a partnership of certified public accountants under section 34, holds a live permit and all of such partnerships offices in this state for the practice of public accounting are maintained as required under section 38.
κ1960 Statutes of Nevada, Page 174 (CHAPTER 131, SB 111)κ
Sec. 48. No person shall assume or use the title or designation public accountant or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such person is a public accountant unless such person is registered as a public accountant under section 36, holds a live permit, and all of such persons offices in this state for the practice of public accounting are maintained and registered as required under section 38, or unless such person has received a certificate as a certified public accountant under sections 20 to 32, inclusive, holds a live permit, and all of such persons offices in this state for the practice of public accounting are maintained and registered as required under section 38.
Sec. 49. No partnership shall assume or use the title or designation public accountant or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such partnership is composed of public accountants, unless such partnership is registered as a partnership of public accountants under section 37 or as a partnership of certified public accountants under section 34 and holds a live permit, and all of such partnerships offices in this state for the practice of public accounting are maintained and registered as required under section 38.
Sec. 50. 1. Except as otherwise provided in subsections 2 and 3, no person or partnership shall assume or use the title or designation certified accountant, chartered accountant, enrolled accountant, licensed accountant, registered accountant or any other title or designation likely to be confused with certified public accountant or public accountant, or any of the abbreviations C.A., P.A., E.A., R.A. or L.A., or similar abbreviations likely to be confused with C.P.A.
2. Anyone who holds a live permit and all of whose offices in this state for the practice of public accounting are maintained and registered as required under section 39 may hold himself out to the public as an accountant or auditor.
3. A foreign accountant registered under section 33, who holds a live permit and all of whose offices in this state for the practice of public accounting are maintained and registered as required under section 38, may use the title under which he is generally known in his country, followed by the name of the country from which he received his certificate, license or degree.
Sec. 51. No corporation shall:
1. Assume or use the title or designation certified public accountant or public accountant.
2. Assume or use the title or designation certified accountant, chartered accountant, enrolled accountant, licensed accountant, registered accountant or any other title or designation likely to be confused with certified public accountant or public accountant, or any of the abbreviations C.P.A., P.A., C.A., E.A., R.A. or L.A. or similar abbreviations likely to be confused with C.P.A.
Sec. 52. 1. Except as otherwise provided in subsection 2, no person shall sign or affix his name or any trade or assumed name used by him in his profession or business, with any wording indicating that he is an accountant or auditor, or with any wording indicating that he has expert knowledge in accounting or auditing, to any accounting or financial statement, or to any opinion on, report on or certificate to any accounting or financial statement, unless he holds a live permit, and all of his offices in this state for the practice of public accounting are maintained and registered under section 38.
κ1960 Statutes of Nevada, Page 175 (CHAPTER 131, SB 111)κ
shall sign or affix his name or any trade or assumed name used by him in his profession or business, with any wording indicating that he is an accountant or auditor, or with any wording indicating that he has expert knowledge in accounting or auditing, to any accounting or financial statement, or to any opinion on, report on or certificate to any accounting or financial statement, unless he holds a live permit, and all of his offices in this state for the practice of public accounting are maintained and registered under section 38.
2. The provisions of subsection 1 shall not prohibit:
(a) Any officer, employee, partner or principal of any organization from affixing his signature to any statement or report in reference to the financial affairs of such organization with any wording designating the position, title or office which he holds in such organization.
(b) Any act of a public official or public employee in the performance of his duties as such.
Sec. 53. No person shall sign or affix a partnership name, with any wording indicating that it is a partnership composed of accountants or auditors or persons having expert knowledge in accounting or auditing, to any accounting or financial statement, or to any report on or certificate to any accounting or financial statement, unless the partnership holds a live permit and all of its offices in this state for the practice of public accounting are maintained and registered as required under section 38.
Sec. 54. No person shall sign or affix a corporate name, with any wording indicating that it is a corporation performing services as accountants or auditors or composed of accountants or auditors or persons having expert knowledge in accounting or auditing, to any accounting or financial statement, or to any report on or certificate to any accounting or financial statement.
Sec. 55. 1. Except as otherwise provided in subsection 2, no person or partnership not holding a live permit, and no corporation, shall hold himself or itself out to the public as an accountant or auditor by use of either or both of such words on any sign, card, letterhead or in any advertisement or directory, without indicating thereon or therein that such person, partnership or corporation does not hold such a permit.
2. The provisions of subsection 1 shall not prohibit:
(a) Any officer, employee, partner or principal or any organization from describing himself by the position, title or office he holds in such organization.
(b) Any act of a public official or public employee in the performance of his duties as such.
Sec. 56. No person shall assume or use the title or designation certified public accountant or public accountant in conjunction with names indicating or implying that there is a partnership or in conjunction with the designation and Company or and Co. or a similar designation if, in any such case, there is in fact no bona fide partnership registered under section 34 or 37; but a sole proprietor or partnership lawfully using such title or designation in conjunction with such names or designation on April 1, 1960, may continue to do so if he or it otherwise complies with the provisions of this chapter.
κ1960 Statutes of Nevada, Page 176 (CHAPTER 131, SB 111)κ
partnership lawfully using such title or designation in conjunction with such names or designation on April 1, 1960, may continue to do so if he or it otherwise complies with the provisions of this chapter.
Sec. 57. 1. The display or uttering by a person of a card, sign, advertisement or other printed, engraved or written instrument or device, bearing a persons name in conjunction with the words certified public accountant or any abbreviation thereof, or public accountant or any abbreviation thereof, shall be prima facie evidence in any action brought under section 58 or 59 that the person whose name is so displayed caused or procured the display or uttering of such card, sign, advertisement or other printed, engraved or written instrument or device, and that such person is holding himself out to be a certified public accountant or a public accountant holding a permit to practice under section 39.
2. In any such action evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct.
Sec. 58. Whenever in the judgment of the board any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of sections 46 to 56, inclusive, the board may make application to an appropriate court for an order enjoining such acts or practices, and upon a showing by the board that such person has engaged, or is about to engage, in any such acts or practices, an injunction, restraining order or such order as may be appropriate shall be granted by such court without bond.
Sec. 59. 1. Any person who violates any provision of sections 46 to 56, inclusive, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500, or imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.
2. Whenever the board has reason to believe that any person is liable to punishment under this section it may certify the facts to the attorney general or other appropriate enforcement officer, who may, in his discretion, cause appropriate proceedings to be brought.
Sec. 60. 1. NRS 628.010 to 628.080, inclusive, are hereby repealed.
2. Nothing contained in this act shall invalidate or affect any action taken under NRS 628.010 to 628.080, inclusive, prior to April 1, 1960, nor shall it invalidate or affect any proceeding instituted under NRS 628.010 to 628.080, inclusive, before April 1, 1960.
Sec. 61. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that 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. 62. Except for the provisions of subsection 2 of section 6 of this act, which provisions shall become effective immediately upon passage and approval, this act shall become effective on April 1, 1960.
________
κ1960 Statutes of Nevada, Page 177κ
Assembly Bill No. 195Committee on Judiciary
CHAPTER 132
AN ACT to amend NRS section 80.050, relating to fees payable by foreign corporations, by fixing the maximum fee payable by a foreign corporation.
[Approved March 9, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 80.050 is hereby amended to read as follows:
80.050 1. Foreign corporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state [.] , but in no case shall the amount of fees to be paid exceed the sum of $25,000.
2. The fee for filing notice of withdrawal from the State of Nevada by foreign corporations shall be $10.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 158Committee on Finance
CHAPTER 133
AN ACT making a supplemental appropriation for the support of the 1960 session of the Nevada legislature.
[Approved March 10, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of providing additional support of the 1960 session of the Nevada legislature, the sum of $98,000 is hereby appropriated from the general fund in the state treasury to the 1960 legislative fund heretofore created by chapter 1, Statutes of Nevada 1960.
Sec. 2. The state controller is hereby authorized and directed to draw his warrants on the fund for salaries, per diem, mileage and incidental expenses of the respective houses of the legislature, when properly certified to in accordance with law, and the state treasurer is hereby authorized and directed to pay the same.
Sec. 3. Any unexpended portion of the 1960 legislative fund shall revert to the general fund on December 31, 1960.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 178κ
Assembly Bill No. 224Mr. Nevin
CHAPTER 134
AN ACT to amend the title of and to amend an act entitled An Act authorizing Storey County, State of Nevada, to establish, construct, otherwise acquire, reconstruct, improve, extend or better, a firehouse, and improvements incidental thereto, to equip and furnish the same, and to acquire a suitable site or grounds therefor; concerning the issuance of bonds therefor in not to exceed the aggregate principal amount of $100,000 and the levy of taxes in connection therewith; prescribing other details concerning such bonds and such taxes; and concerning other matters properly relating thereto, approved March 4, 1959.
[Approved March 10, 1960]
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 72, Statutes of Nevada 1959, at pages 69 and 70, is hereby amended to read as follows:
Section 1. The board of county commissioners of Storey County, State of Nevada, is hereby authorized and empowered, in addition to the powers elsewhere conferred upon the board, to establish, construct, otherwise acquire, reconstruct, improve, extend or better, a firehouse, and improvements incidental thereto, to equip and furnish the same, to acquire a suitable site or grounds therefor, to purchase or otherwise acquire a fire engine or engines and other fire-fighting apparatus and equipment, to install, construct, repair, establish, improve, extend and acquire water mains for fire protection and fire hydrants, and to issue general obligation bonds therefor in not to exceed the aggregate principal amount of $100,000. (Such building, incidental improvements, equipment, furnishings, sites and grounds, fire engines, fire-fighting apparatus and equipment, water mains and fire hydrants, are hereinafter sometimes designated as the facilities.)
Sec. 2. The title of the above-entitled act, being chapter 72, Statutes of Nevada 1959, at page 69, is hereby amended to read as follows:
An Act authorizing Storey County, State of Nevada, to establish, construct, otherwise acquire, reconstruct, improve, extend or better, a firehouse, and improvements incidental thereto, to equip and furnish the same, and to acquire a suitable site or grounds therefor; authorizing the purchase or other acquisition of fire engines and other fire-fighting apparatus and equipment, and the installation, construction, establishment, improvement, extension and acquisition of water mains for fire protection and fire hydrants; authorizing expenditures for fire-fighting equipment, water mains for fire protection and fire hydrants; concerning the issuance of bonds therefor in not to exceed the aggregate principal amount of $100,000 and the levy of taxes in connection therewith; prescribing other details concerning such bonds and such taxes; and concerning other matters properly relating thereto.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 179κ
Assembly Bill No. 238Washoe County Delegation
CHAPTER 135
AN ACT to amend NRS section 268.095, relating to the authority of incorporated cities and towns to fix, impose and collect taxes for revenue and regulatory purposes and the assignment of the proceeds thereof, by broadening the purposes for which such license taxes may be assigned; and by providing other matters properly relating thereto.
[Approved March 10, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 268.095 is hereby amended to read as follows:
268.095 1. The city council or other governing body of each incorporated city or town in the State of Nevada, whether or not organized under general law or special charter, shall have the power and jurisdiction:
(a) To fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.
(b) To assign the proceeds of any one or more such license taxes to the county within which such city or town is situated for the purpose or purposes of making such proceeds available to the county [as] :
(1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244.640 to 244.780, inclusive [.] ;
(2) For redeeming any general obligation bonds issued pursuant to NRS 244.640 to 244.780, inclusive;
(3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;
(4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;
(5) For improving, extending and bettering recreational facilities authorized by NRS 244.640 to 244.780, inclusive; and
(6) For constructing, purchasing or otherwise acquiring such recreational facilities.
2. The powers conferred by this section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this section shall not affect the powers conferred by, any other law. No part of this section shall repeal or affect any other law or any part thereof, it being intended that this section shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 2. 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.
κ1960 Statutes of Nevada, Page 180 (CHAPTER 135, AB 238)κ
or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 237Washoe County Delegation
CHAPTER 136
AN ACT to amend chapter 244 of NRS, relating to county government, by creating a new provision relating to license taxes assigned or appropriated by cities, towns and counties in connection with recreational facilities pertaining to county fair and recreation boards; to validate and ratify all proceedings and action taken preliminary to and in the collection of such license taxes and in the receipt, control, investment and expenditure of any and all moneys and funds pertaining thereto; and to provide other matters properly relating thereto.
[Approved March 10, 1960]
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 immediately follow NRS 244.740 and shall read as follows:
In connection with any license taxes assigned or appropriated by any city, town or county, or any combination thereof, for use in connection with NRS 244.640 to 244.780, inclusive, the county fair and recreation board of any county, upon behalf of the county, in addition to powers elsewhere conferred, is authorized and empowered (but is not required):
1. To collect the proceeds of such taxes from time to time, to receive, control, invest and order the expenditure of any and all moneys and funds pertaining thereto, to prescribe a procedure therefor, including (but not limited to) enforcing the collection of any delinquent taxes and providing penalties in connection therewith, and to create an office and hire personnel therefor.
2. To defray the reasonable costs of collecting and otherwise administering such taxes from not exceeding 10 percent of the gross revenues so collected (excluding from this limitation and from such gross revenues any costs of collecting any delinquent taxes borne by any delinquent taxpayer).
3. To defray further with the proceeds of any such tax the costs of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby, of operating and maintaining recreational facilities under the jurisdiction of the board, including, without limiting the generality of the foregoing, the payment of reasonable promotional expenses pertaining thereto, of improving, extending and bettering any recreational facilities authorized by NRS 244.640 to 244.780, inclusive, and of constructing, purchasing or otherwise acquiring any such recreational facilities.
4. To redeem any general obligation bonds of the county issued pursuant to NRS 244.640 to 244.780, inclusive, principal, interest and any prior redemption premium, regardless of whether such taxes are pledged as additional security for their payment.
κ1960 Statutes of Nevada, Page 181 (CHAPTER 136, AB 237)κ
pursuant to NRS 244.640 to 244.780, inclusive, principal, interest and any prior redemption premium, regardless of whether such taxes are pledged as additional security for their payment.
5. To make contracts from time to time concerning any such license taxes, notwithstanding any such contract may limit the exercise of powers pertaining thereto, including, without limiting the generality of the foregoing, the right of any city, town or the county from time to time to increase, decrease or otherwise modify the tax; but no such change shall be made which shall prejudicially affect any pledge of tax proceeds as additional security for the payment of bonds issued pursuant to NRS 244.640 to 244.780, inclusive, and each other political subdivision assigning or appropriating such taxes pertaining thereto consents to any such modification.
6. To make rules and regulations concerning such license taxes, and to provide penalties for the failure to comply therewith.
Sec. 2. All proceedings and actions taken under law, or under color of law, preliminary to and in the collection of any license taxes levied by any city, town or county for use in connection with such recreational facilities, and the receipt, control, investment and expenditure of any and all moneys and funds pertaining thereto, are hereby validated, ratified, approved and confirmed, notwithstanding any lack of power, authority or otherwise, other than constitutional, of any agency, instrumentality or corporation of the state, of any county, public body, or other political subdivision, or of any council, or any board or other governing body, or of any officer thereof, and notwithstanding any defects and irregularities, other than constitutional, in such proceedings and actions.
Sec. 3. 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. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 73Committee on Public Health
CHAPTER 137
AN ACT to amend NRS sections 639.010, 639.100 and 639.170, relating to pharmacists and pharmacy, by adding definitions of certain words; requiring manufacturers and wholesalers to obtain permits from the state board of pharmacy and to pay certain fees therefor; and by providing other matters properly relating thereto.
[Approved March 10, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 639.010 is hereby amended to read as follows:
639.010 As used in this chapter:
1. Board means the state board of pharmacy.
κ1960 Statutes of Nevada, Page 182 (CHAPTER 137, SB 73)κ
2. Drug and medicine mean:
(a) Articles recognized in the official United States Pharmacopoeia, the official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and
(b) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and
(c) Articles (other than food, aspirin and effervescent saline analgesics) intended to affect the structure of any function of the body of man or other animals; and
(d) Articles intended for use as a component of any article specified in paragraphs (a), (b) or (c) of this subsection, but do not include devices or other components, parts or accessories.
3. Manufacturer means a person, excepting a pharmacy, who derives, produces, prepares, compounds or repackages drugs and medicines.
4. Person includes a firm, association, partnership or corporation.
5. Pharmacy means and includes every store or shop where drugs, medicines or chemicals are dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded.
[4.] 6. Prescription means a written or oral order for a drug or medicine, or combination or mixture of drugs or medicines, or proprietary preparation, signed or given or authorized by a medical, dental, chiropody or veterinarian practitioner, and intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals.
[5.] 7. Registered pharmacist means:
(a) A person registered in this state as such on July 1, 1947; or
(b) A person registered in this state as such in compliance with the provisions of paragraph (c) of section 3 of chapter 195, Statutes of Nevada 1951; or
(c) A person who has complied with the provisions of NRS 639.120 and whose name has been entered in the registry of pharmacists of this state by the secretary of the board and to whom a valid certificate as a registered pharmacist or valid renewal thereof has been issued by the board.
8. Wholesaler means a person who supplies or distributes drugs and medicines for resale, except a nonprofit cooperative agricultural organization which supplies or distributes drugs and medicines only to its own members.
[6.] 9. Unless the context otherwise requires, the singular number shall include the plural number, and the masculine gender shall include the feminine gender.
Sec. 2. NRS 639.100 is hereby amended to read as follows:
639.100 1. Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, compound, sell, dispense or permit to be manufactured, compounded, sold or dispensed any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a medical, dental, chiropody or veterinarian practitioner, unless he is a registered pharmacist under the provisions of this chapter.
κ1960 Statutes of Nevada, Page 183 (CHAPTER 137, SB 73)κ
or veterinarian practitioner, unless he is a registered pharmacist under the provisions of this chapter. [The following persons need not be registered pharmacists under the provisions of this chapter:
1. Sales representatives of manufacturers or wholesalers selling only in wholesale lots and not to the general public.
2. Manufacturers, compounders or sellers of medical gases.]
2. Sales representatives or manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists under the provisions of this chapter, but no person shall act as a manufacturer or wholesaler unless he has obtained a permit from the board. Each application for such permit shall be made on a form furnished by the board. Upon approval thereof by the board and the payment of the required fee, the board shall issue a permit to such applicant. Each permit shall be issued to a specific person for a specific location, and shall be renewed annually before July 1 of each year.
Sec. 3. NRS 639.170 is hereby amended to read as follows:
639.170 1. The board shall charge and collect not more than the following fees for the following services:
For examination of applicant for certificate as registered pharmacist $30
For issuance of certificate of registration as registered pharmacist. 10
For annual renewal of certificate of registration as registered pharmacist .......................................................................................................... 10
For reinstatement of lapsed certificate of registration (in addition to annual renewal fees for period of lapse)..................................................... 20
For issuance of duplicate certificate of registration........................... 10
For issuance of manufacturers or wholesalers permit................... 100
For issuance of annual renewal of permit for manufacturer or wholesaler............................................................................................................... 100
2. All fees shall be payable in advance and shall not be refunded.
________
Senate Bill No. 134Senator Settelmeyer
CHAPTER 138
AN ACT to amend chapter 247 of NRS, relating to county recorders, by establishing a fee schedule for the county recorder of Douglas County.
[Approved March 10, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 247 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The county recorder of Douglas County shall be allowed to charge and collect the following fees:
κ1960 Statutes of Nevada, Page 184 (CHAPTER 138, SB 134)κ
For receiving, filing and entering documents required to be recorded .......................................................................................................... $0.25
For filing and entering any paper not to be recorded................. .50
For making all necessary indexes to each paper filed or recorded, for each name to be indexed............................................................. .50
For recording any instrument, paper or document, for each folio .......................................................................................................... .30
If the photostatic method of recording is used, in lieu of 30 cents per folio, the county recorder may charge 75 cents for the first photostated page and 50 cents for each additional page or part of a photostated page.
For every certificate under seal........................................................ 1.00
For every entry of discharge or assignment of mortgage on the margin of the records..................................................................................... .50
For abstract of title, for each document embraced thereby........ 1.00
For searching records and files, for each document necessarily examined.......................................................................................................... .50
For recording any survey or map other than a town plat, for each corner.......................................................................................................... .50
For recording town plat, for each lot or separate subdivision exhibited thereby............................................................................................ .25
For each folio of lettering or figuring thereon, or in the certificate and description of the same........................................... .50
For recording certificates of marriage............................................ 1.00
For taking acknowledgment, including certificate and seal, for the first signature........................................................................................ 1.00
For each additional signature............................................ .25
For preparing the abstract of unsatisfied mortgages, when requested by the board of equalization, for each........................................... .25
2. The county recorder shall be allowed to charge and collect:
(a) For a copy of any record or document in his office, the same fees as for recording.
(b) For recording or copying any paper in a foreign language, double the fees as when in English.
3. No map or plat shall be recorded exceeding in size two folios of the usual size records.
4. The county recorder shall neither charge nor collect any fees for services rendered to the State of Nevada or the county of Douglas or any city or town within Douglas County or any officer in his official capacity.
5. The county recorder shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.
________
κ1960 Statutes of Nevada, Page 185κ
Senate Bill No. 96Senators Settelmeyer, Whitacre and Brown
CHAPTER 139
AN ACT to amend NRS sections 464.040, 466.080, 466.100, 466.120, 466.170, 466.210 and 466.220, relating to commissions on pari-mutuel wagering, to the Nevada racing commission, and to licenses, fees, rules, regulations, exceptions, funds and penalties, by allowing horse racing licensees 14 percent of the gross pari-mutuel handle; by providing exceptions to fee requirements; and by providing for contents of regulations, for hearings, for penalties and for use of funds; to amend chapter 466 of NRS, relating to horse racing, by adding a new section imposing a tax for the support of the Nevada racing commission of 1 percent of total money wagered on horse racing; to repeal NRS section 464.090, relating to exceptions from pari-mutuel wagering provisions; and providing other matters properly relating thereto.
[Approved March 10, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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 [.] , except that a licensee licensed to conduct horse racing may deduct 14 percent.
2. [The licensee] Each licensee, except state fair associations, agricultural societies, county fairs and other associations to which state or county aid is given, shall pay to the Nevada 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 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 gaming commission shall be, after deducting costs of administration which shall not exceed 5 percent of the amount collected, paid over by the Nevada gaming commission to the state treasury for deposit as follows:
(a) Seven-eighths thereof in the general fund.
(b) One-eighth thereof in the Nevada racing commission fund.
Sec. 2. NRS 466.080 is hereby amended to read as follows:
466.080 1. The Nevada racing commission fund is created in the state treasury. The fund shall consist of all moneys deposited therein in compliance with the provisions of NRS 464.040. The commission is authorized to use the fund to pay the necessary and proper expenses of the commission. Claims against the fund shall be audited and paid as are other claims against the state.
2. The commission is also authorized to expend such sums of money received for the collection of license fees provided by NRS 466.120, and for taxes as provided in section 8 of this act, as it may deem proper for efficient administration of the purposes of this chapter.
κ1960 Statutes of Nevada, Page 186 (CHAPTER 139, SB 96)κ
3. On July 1 of each year the commission shall pay any excess over $10,000 remaining in such fund after payment of administrative expenses to each agricultural association which has paid license fees or taxes or both under the provisions of this chapter in proportion to the amount paid by each such association.
Sec. 3. NRS 466.100 is hereby amended to read as follows:
466.100 1. Any person or persons, association or corporation desiring to conduct racing within the State of Nevada during any calendar year shall apply to the commission for a license so to do.
2. An application shall be filed with the secretary of the commission on or before a date to be fixed by the commission. The application shall:
(a) Specify the days on which such race meeting is desired to be conducted or held.
(b) Be in such form and supply such data and information as the commission shall prescribe.
3. [On or before March 1 of each year, the commission shall award all dates for racing in the State of Nevada within the current year, but the dates so awarded shall not exceed 200 days in the aggregate.] The decision of the commission on the award of all dates shall be final [.] , but the commission shall, in awarding dates, give preference to agricultural associations for the dates on which each has conducted racing in previous years.
4. The commission shall have the power to revoke, modify or suspend a license or to refuse to issue the same if it has reasonable cause to believe that the public interest can best be served. No license may be revoked or suspended until after a hearing held by the commission after notice in writing to the licensee or his agent or employee in charge of the licensed premises. The reasons for such action shall be written in full in the records of the commission. The action of the commission in revoking, modifying, suspending or refusing to issue a license as requested by an applicant is subject to review by the courts of this state.
5. In the event an applicant for a license to conduct racing within the State of Nevada desires to operate, carry on, conduct or maintain any form of wagering under the system known as the pari-mutuel method of wagering on any racing event, then in addition to the license required by this chapter the person or persons, association or corporation shall procure a license for the same in the manner prescribed by [NRS] chapter 464 [,] of NRS, and all acts amendatory thereof.
Sec. 4. NRS 466.120 is hereby amended to read as follows:
466.120 1. Except in the case of the trotting and pacing meetings provided for in NRS 466.130, and [excepting the corporations and associations named in subsection 2 of NRS 466.210,] except as provided in subsection 2 of this section, each applicant desiring to hold races on the day or days awarded by the commission shall, before the issuance of any license therefor, pay to the commission a license fee fixed by the commission at the time of making application of not less than $50 nor more than $200 for each day of any meeting for the conduct of races so licensed.
κ1960 Statutes of Nevada, Page 187 (CHAPTER 139, SB 96)κ
2. State fair associations, agricultural societies, county fairs and other associations to which state or county aid is given are exempt from the license fee required by subsection 1 of this section.
Sec. 5. NRS 466.170 is hereby amended to read as follows:
466.170 1. The commission shall have power to make and adopt rules and regulations, and thereafter to modify the same, providing for the licensing, supervising, disciplining, suspending, fining and barring from racing, on any track under the jurisdiction of the commission, of horses, owners, breeders, authorized agents, subagents, nominators, trainers, jockeys, jockey apprentices, jockey agents and any other person, persons, organizations, associations or corporations, the activities of whom affect the conduct or operation of licensed race meetings.
2. At a licensed race meeting or race, no person shall enter a horse or participate as an owner, agent, nominator, trainer, jockey, jockey apprentice, or jockey agent, without first procuring from the commission a license so to do, and paying such fees as the commission shall determine to be reasonable therefor. The commission is authorized to issue such licenses, and may revoke the same at any time for cause.
3. The rules and regulations of the commission may include, but are not limited to, the following:
(a) A requirement for fingerprinting, or other method of identification, of applicants and licensees;
(b) A requirement for information concerning applicants antecedents, habits and character; and
(c) The procedure and form of application which applicants shall follow and complete prior to consideration of their applications by the commission.
4. If any member of the commission is a resident within an agricultural district which is conducting racing, such member shall be the representative of the commission at such race meeting.
Sec. 6. NRS 466.210 is hereby amended to read as follows:
466.210 [1.] The provisions of this chapter are intended to be statewide and exclusive in their effect, and no city, county or other political subdivision of this state shall have the authority or power to make or enforce any local law, ordinance or regulation upon the subject of racing.
[2. The provisions of this chapter shall not apply to race meetings conducted by any state fair association, state or agricultural society, county fair, or any other association to which state or county aid is given. No such agricultural society, county fair, or other association to which state or county aid is given shall hold a race meeting for a period of more than 6 days in any 1 year. No such state fair association shall hold a race meeting for more than 10 days in any 1 year.]
Sec. 7. NRS 466.220 is hereby amended to read as follows:
466.220 1. Any person failing to appear before the Nevada racing commission at the time and place specified in answer to a summons issued pursuant to NRS 466.180, or refusing to testify, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
κ1960 Statutes of Nevada, Page 188 (CHAPTER 139, SB 96)κ
2. Any false swearing on the part of any witness having appeared before the commission shall be deemed perjury and shall be punished as such.
3. Any person aiding or abetting in the conduct of any meeting within the State of Nevada at which races of horses shall be permitted for any stake, purse or reward, except in accordance with a license duly issued and unsuspended or unrevoked by the Nevada racing commission, shall be guilty of a gross misdemeanor, and upon conviction shall be punished by a fine of not less than $500 nor more than $2,000, or by imprisonment not exceeding 1 year, or by both fine and imprisonment.
4. Any violation of the provisions of this chapter, or the rules and regulations of the commission, for which no other penalty is provided in this section is a misdemeanor.
Sec. 8. Chapter 466 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Each licensee shall pay to the commission a tax at the rate of 1 percent on the total amount of money wagered on any racing event. Such tax shall be in addition to the license fees provided for in this chapter and any license fees or taxes required by chapter 464 of NRS.
Sec. 9. NRS 464.090 is hereby repealed.
Sec. 10. This act shall become effective upon passage and approval.
________
Assembly Bill No. 26Mr. Schouweiler
CHAPTER 140
AN ACT to amend NRS section 425.150, relating to notice to the district attorney that aid to a dependent child has been granted, by providing that other appropriate officials shall be notified.
[Approved March 10, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 425.150 is hereby amended to read as follows:
425.150 Whenever assistance has been granted to a dependent child who has been deserted or abandoned by a parent, the department shall immediately notify the district attorney of the county, or, if the district attorney is not the appropriate official, the Superintendent of the Nevada Indian Agency or the Indian Service Special Officer, that such assistance has been granted.
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κ1960 Statutes of Nevada, Page 189κ
Assembly Bill No. 9Ormsby County Delegation
CHAPTER 141
AN ACT to amend an act entitled An Act to incorporate Carson City, approved February 25, 1875, as amended.
[Approved March 12, 1960]
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 43, Statutes of Nevada 1875, as last amended by chapter 182, Statutes of Nevada 1953, at page 212, is hereby amended to read as follows:
Section 1. [On and after the first Monday in March A. D. one thousand eight hundred and seventy-five, and for the purposes hereinafter mentioned, the] The inhabitants of that portion of the county of Ormsby, State of Nevada, embraced within the limits hereinafter set forth, shall be a body politic and corporate, by name and style of Carson City, and by that name they and their successors shall be known in law, have perpetual succession, and sue and be sued in all courts. The boundaries of said Carson City [from and after the first day of April 1941 shall be] are as follows: Beginning at the center of the southeast quarter of section eight, in township number (15) fifteen north, range (20) twenty east, M.D.B.&M., running thence (S 89° 36 1/2′ W, 2,593.65) south eighty-nine degrees, thirty-six and one-half minutes west for two thousand five hundred and ninety-three and sixty-five hundredths feet; thence due north (N 0° 00′) for (1,320.00) thirteen hundred and twenty and no hundredths feet; then (S 89° 37′ W, 371.00 feet) south eighty-nine degrees, thirty-seven minutes west for three hundred seventy-one and no hundredths feet; thence (S 0° 00′, 744.58 feet) south no degrees no minutes for seven hundred forty-four and fifty-eight hundredths feet; thence ( S 89° 36 1/2′ W, 439.00 feet) south eighty-nine degrees, thirty-six and one-half minutes west for four hundred thirty-nine and no hundredths feet; thence S 0° 00′, 575.42 feet) south no degrees and no minutes for five hundred and seventy-five and forty-two hundredths feet; thence (S 89° 36 1/2′ W, 546.20 feet) south eighty-nine degrees, thirty-six and one-half minutes west for five hundred forty-six and twenty-hundredths feet to the west boundary of said section eight; thence south one-fourth of a mile to the south-west corner of said section eight; thence due west on the section line to a point due north of the west line of Elizabeth street; thence due south to the north line of Washington street; thence west along said north line of Washington street to a point two hundred and sixty-two (262.00) feet west of the west boundary line of the east half of the north-east quarter of said section eighteen; thence due south to an intersection with the center of Kings canyon road, as projected west from Carson street; thence east along the center of Kings canyon road as projected to an intersection of the west boundary of Kings canyon subdivision, where the same would intersect Kings canyon road if projected north; thence south along the west boundary of Kings canyon subdivision to the south boundary line of sections 17 and 18, same township and range; thence east along said southern boundary line of sections seventeen and eighteen one mile more or less to a point due south of the place of beginning; thence north one and one-fourth miles to the place of beginning.
κ1960 Statutes of Nevada, Page 190 (CHAPTER 141, AB 9)κ
of Kings canyon subdivision to the south boundary line of sections 17 and 18, same township and range; thence east along said southern boundary line of sections seventeen and eighteen one mile more or less to a point due south of the place of beginning; thence north one and one-fourth miles to the place of beginning.
Territory adjoining and contiguous to the corporate limits of the city of Carson City may be annexed to said city with the tenements, property and inhabitants thereof by the passage of an ordinance declaring said territory to be annexed; provided, that the majority of the property owners of the territory proposed to be annexed first petition the [board of trustees] city council of said Carson City to annex said territory, and file with said petition a plat of said territory. The [said board of trustees] city council may, as a condition precedent to the passage of such ordinance, impose such conditions as it sees fit. After the passage of the ordinance hereby authorized, the annexed territory shall be a part of said Carson City and subject to all the taxes and laws thereof.
Sec. 2 Section 3 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 198, Statutes of Nevada 1945, at page 343, is hereby amended to read as follows:
Section 3. The corporate powers of the city shall be vested in a [board of trustees] city council to consist of five members, who shall be actual residents and owners of real estate in the city and who shall be chosen by the qualified electors thereof in the manner hereafter set forth.
Sec. 3. Section 4 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, at page 88, is hereby repealed.
Sec 4. Section 5 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 173, Statutes of Nevada 1951, at page 249, is hereby amended to read as follows:
Section 5. [On the first Monday in May, 1945, there shall be elected in said city by all the electors thereof one trustee to represent each ward in said city and one trustee to represent the city at large. The term of office for the first trustees so elected shall be: for the first ward, two years; for the second ward, two years; for the third ward, four years; for the fourth ward, four years. The term of office of the trustee at large shall at all times be four years. The term of office of each trustee representing a ward, after the expiration of the aforesaid terms, shall be four years.] The qualified electors of the city shall elect one council member to represent each ward in the city, and one council member to represent the city at large. The term of each councilman is four years. On the first Monday in May, 1951, and each four years thereafter on said day, there shall be elected in said city by all the electors thereof, three [trustees,] councilmen, one of whom shall be the [trustee] councilman at large and two of whom shall represent their respective wards, and all of whom shall hold office for the ensuing term of four years. On the first Monday in May 1953, and each four years thereafter on said day, there shall be elected in said city by all of the electors thereof, two [trustees,] councilmen, both of whom shall represent their respective wards, and both of whom shall hold office for the ensuing terms of four years.
κ1960 Statutes of Nevada, Page 191 (CHAPTER 141, AB 9)κ
both of whom shall represent their respective wards, and both of whom shall hold office for the ensuing terms of four years. No incumbent councilman representing a ward may file a certificate of nomination for the office of councilman at large unless he first resigns from the office of councilman. The [trustee] councilman elected to represent each ward shall be an actual resident of the ward he or she is chosen to represent. The [trustee] councilman at large shall be ex officio mayor of the city and president of the [board of trustees.] city council.
Whenever any vacancy occurs in the office of any member of the [board,] city council, the remaining [trustees,] members, or a majority thereof, shall fill such vacancy by appointing a qualified person, resident of the proper ward, in each case; provided, they shall fill any vacancy occurring in the office of [trustee] councilman at large, ex officio mayor and president of the [board of trustees,] city council, by appointing any qualified resident of any ward in Carson City. Nothing herein shall be construed to prevent any member of the [board of trustees] city council from resigning his office in order to become eligible for appointment to fill any vacancy in the office of [trustee] councilman at large, ex officio mayor and president of the [board of trustees.] city council. Any [trustee] councilman appointed to fill any vacancy in the office of any member of the [board] council shall hold such office until the next regular election of [trustees,] council members, at which time a [trustee] councilman will be elected to fill the balance of the unexpired term in the event the term extends beyond the date of said election.
Sec. 5. Section 6 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 198, Statutes of Nevada 1945, at page 344, is hereby amended to read as follows:
Section 6. All provisions of law which now are or hereafter may be in force regulating elections and providing for the registration of electors, so far as the same may be consistent with the provisions of this act, shall apply to the election of [the trustees] councilmen and all other elections held by the city. It shall be the duty of the city clerk to prepare an official register for the city, containing the names of all persons entitled to vote at any election to be held by the city. Said official register shall be prepared by writing therein the names of all electors residing within Carson City who are duly registered in Ormsby County, according to the general laws of the State of Nevada governing registration; provided, however, if said general laws should become impracticable the said official register shall, in such case, be made up of all electors registered in said Ormsby County at the last preceding general election who are residents of Carson City, together with all electors registered in a supplemental register as hereinafter provided for. Thirty days prior to any city election the city clerk shall open a supplemental register in which any qualified elector of Carson City may register for the impending city election, and said supplemental register shall remain open up to the hour of five oclock p.m. on the twentieth day prior to said election. It shall be the duty of the city clerk to provide the election officials with a check list and other books and supplies that may be necessary.
κ1960 Statutes of Nevada, Page 192 (CHAPTER 141, AB 9)κ
of the city clerk to provide the election officials with a check list and other books and supplies that may be necessary. Such check list or check lists shall be made up from the registrations in the official register and shall contain only the names of the electors entitled to vote at the election for which it is prepared. The city clerk shall for a period of two weeks next preceding thirty days prior to any biennial election, publish a notice in a newspaper published in Carson City, to the effect that an election is to be held in said city for the election of [trustees] councilmen by all the electors in Carson City, and the day on which the election is to be held. Said notice shall also state the time up to which nominations may be filed. Thirty days prior to any city election the city clerk shall cause to be published in a newspaper published in Carson City a notice of registration and setting forth the day and hour said registration will close. The [board of trustees] city council shall designate a polling place or places in the city and the names of persons to act as inspectors and clerks of election in numbers sufficient in their judgment for the work. Notices naming the polling place or places shall be published for a period of two weeks prior to any city election. As soon as the votes are counted and tallied inspectors shall make out a statement and return of the same and deposit the same with the [board of trustees] city council in manner and form as required by the general laws; and within three days thereafter the [board of trustees] city council shall proceed to canvass the same, and cause the issuance of a certificate or certificates of election by its clerk in manner and form as provided by law concerning elections. The election of any person to the office of [trustee] councilman may be contested in the manner and form as provided by statute concerning general elections. Nominations for the office of [trustee] councilman shall be made as follows: Any person legally eligible to the office of [trustee] councilman may become a candidate by filing with the city clerk a certificate of nomination in which he shall state under oath that he is a resident and owner of real estate in the ward for which he desires to become a candidate; or, if he desires to be a candidate for [trustee] councilman at large, that he is a resident and owner of real estate within the city. Said certificate of nomination shall also show which ward said person desires to represent. All certificates of nomination for the office of [trustee] councilman shall be filed with the city clerk not later than the hour of five oclock p.m. of the thirtieth day prior to any biennial election.
It is contemplated that all the electors in Carson City shall be entitled to vote at any city election for all candidates for the [board of trustees] city council notwithstanding one member shall be chosen from each ward in said city, and that one or more polling places may be set up and served by sufficient officers to properly handle the work of conducting such elections. If more than one polling place is provided the notice naming the polling places shall be sufficient to direct the electors in each ward as to the place where they may vote. Where there is more than one polling place the check lists supplied the election officials at each polling place shall contain only the names of the electors as shown by the registry who are entitled to vote at such polling place, and the clerk shall obtain the necessary information from the register or otherwise for that purpose.
κ1960 Statutes of Nevada, Page 193 (CHAPTER 141, AB 9)κ
tion officials at each polling place shall contain only the names of the electors as shown by the registry who are entitled to vote at such polling place, and the clerk shall obtain the necessary information from the register or otherwise for that purpose. In the event the time for closing the registry is otherwise provided or other provisions are made for any special election or bond election than those in this act provided, the provisions of such special act shall govern to any extent necessary to give effect to any such special act or election.
Sec. 6. Section 7 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 347, Statutes of Nevada 1959, at page 520 is hereby amended to read as follows:
Section 7. 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.] other members of the city council. The president and the [board of trustees] other members of the city council 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.] city council. 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. 7. Section 8 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 347, Statutes of Nevada 1959, at page 521, is hereby amended to read as follows:
Section 8. The members of the [board of trustees] city council, 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] city council 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. 8. Section 9 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as amended by chapter 104, Statutes of Nevada 1941, at page 151, is hereby amended to read as follows:
Section 9. The [board of trustees] city council shall hold regular meetings on the 6th day of each month and such other meetings as by recess or resolution they may determine, and the president of the [board] city council may call a special meeting whenever, in his judgment, it may be desirable. A majority of the [board] members of the city council shall constitute a quorum for business. In the event the 6th day of any month shall fall on a Saturday, Sunday, or nonjudicial day, the regular meeting for that month shall be held on the next succeeding day that is not a Saturday or a Sunday or a nonjudicial day.
κ1960 Statutes of Nevada, Page 194 (CHAPTER 141, AB 9)κ
day, the regular meeting for that month shall be held on the next succeeding day that is not a Saturday or a Sunday or a nonjudicial day.
Sec. 9. Section 10 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 104, Statutes of Nevada 1941, at page 152, is hereby amended to read as follows:
Section 10. The [board of trustees] city council shall have, among others, the following powers:
To institute and maintain any suit or suits of said city in the proper court or courts whenever, in their judgment, necessary to maintain or enforce any right or rights of said city, and they may, in like manner, defend all actions brought against said city.
Sec. 10. Section 10a of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 104, Statutes of Nevada 1941, and amended by chapter 380, Statutes of Nevada 1957, at page 709, is hereby amended to read as follows:
Section 10a. The [board of trustees] city council shall have, among others, the following powers: Annually to levy a tax not exceeding $1.25 per $100 valuation on all assessed value of all the real and personal property situated in said city, by law made taxable for state and county purposes, exclusive of all levies for interest or principal on bonds or notes of the city.
Sec. 11. Section 10b (1) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 622, is hereby amended to read as follows:
Section 10b. (1) The [board of trustees,] city council, among other things, shall have power: To lay out, extend, change the grade, open, name and change the name, vacate, and alter the highways, streets, and alleys within the city; to require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing, and widening any highway, street, or alley, or to in any way whatsoever improve the same; to provide for the construction, improvement, maintenance, vacation, and preservation of the city parks, swimming pools, zoos and tennis courts and all public places, and the construction, repair, maintenance, vacation, and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, storm sewers, and sewers; to provide for the regulation, prevention, and removal of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awnings, posts, show windows, and other things upon and over the sidewalks or streets, and to regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures, and excavations in and under the same, and to prevent, prohibit and remove all obstructions and nuisances upon the sidewalks, streets and alleys within the city limits; to provide for the maintenance, repair, alteration, improvement, and preservation of any other city property not herein mentioned; and to make any other local improvement or public improvement of any nature.
κ1960 Statutes of Nevada, Page 195 (CHAPTER 141, AB 9)κ
Sec. 12. Section 10b (2) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 622, is hereby amended to read as follows:
Section 10b. (2) Such part of the expense, or the entire expense of constructing, reconstructing, maintaining, repairing, widening, or improving any street, lane, highway, avenue, or alley by grading, paving, graveling, oiling, or macadamizing the same or by construction, reconstruction, maintaining or repairing sidewalks, curbs or gutters along the same, by constructing drains or by otherwise improving the same, or such part of the expense, or the entire expense, of construction, reconstructing, maintaining, repairing or improving sewers, or such part of the expense, or the entire expense, of doing or performing any of the improvements herein authorized, as the [board of trustees] city council shall determine, may be defrayed by a general assessment upon all taxable property within the city limits, or by special assessments upon lots and premises fronting upon that part of the street, lane, highway, avenue, or alley, or sewer, so improved or proposed so to be, or the lands fronting upon such improvement and such other land as in the opinion of the [board of trustees] city council may be benefited by the improvement. The cost of securing rights-of-way or the land necessary for the construction or widening of any street, alley, sidewalk, curb, gutter, drain, sewer, or necessary for any other improvement, may likewise be defrayed by a general assessment upon all taxable property within the city limits, or by special assessment; provided, however, that any of the improvements or purposes for which the [board of trustees] city council may form a special assessment district may be paid for in whole, or in part, from any other fund or funds of the city as well as from such special assessment district funds.
Sec. 13. Section 10b (3) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, and amended by chapter 25, Statutes of Nevada 1953, at page 20, is hereby amended to read as follows:
Section 10b. (3) The [board of trustees] city council may, by ordinance, cause bonds to be issued for the purpose of paying the cost of any authorized improvements for which general or special assessments are levied, said bonds to be called (insert words identifying the improvement) Improvement District Bonds to be payable in annual periods of not more than twelve (12) years from date of issuance and to bear interest payable annually or semiannually not exceeding the rate of seven (7%) percent per annum, and said bonds shall not be sold for less than their par value. Such bonds shall be issued for the purpose of paying the cost of the improvement including all engineering and all other preliminary costs. In the event the full amount or any part thereof of the cost of the improvement chargeable to any blocks, lots, or parcels of land, including the improvements thereon, charged to any district by special assessment, is paid by the owners within fifty (50) days from the date of the levying of the assessment, or prior to the date of the issuance of said bonds, said blocks, lots, or parcels of land shall be exempt from any lien or charge by reason of the issuance of said bonds to the extent of such payment.
κ1960 Statutes of Nevada, Page 196 (CHAPTER 141, AB 9)κ
parcels of land shall be exempt from any lien or charge by reason of the issuance of said bonds to the extent of such payment.
Sec. 14. Section 10b (4) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 623, is hereby amended to read as follows:
Section 10b. (4) Said bonds shall be issued only when the [board of trustees] city council by ordinance has authorized and levied a general or special assessment to pay for said improvements, and then only for the amount of said assessment remaining unpaid by the owners of the blocks, lots or parcels of land fifty (50) days after the levy of the special assessment, or as of the date of the issuance of said bonds if said bonds are to be paid by a special assessment.
Sec. 15. Section 10b (5) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 623, is hereby amended to read as follows:
Section 10b. (5) When the [board of trustees] city council shall have determined to make any of the public improvements hereinabove authorized, it shall, in the ordinance declaring such determination, also declare whether or not bonds shall be issued to pay for the cost of such improvement, and in case it is determined and decided to issue bonds, as herein provided, it shall further declare and determine whether such bonds are to be the general obligation of the city and to be paid and redeemed by an assessment levied upon all of the taxable property within the corporate limits of the city, or to be paid by a special assessment levied upon the blocks, lots, and parcels of land within a special district benefited by said improvements. If said bonds are to be the general obligation of the city then annually thereafter a tax shall be levied upon all of the taxable property in the city in the same manner as all other taxes are levied sufficient to redeem said bonds together with accruing interest as said bonds severally become due. If said bonds are to be paid by a special assessment against the real property and improvements benefited in the special districts then the assessment shall be made and levied as herein provided, and if said assessments are not all paid by the owners of the property against which they are levied, at the end of fifty (50) days from the time they became a lien, the said [board of trustees] city council may, within a reasonable time thereafter, pass an ordinance directing the issuance of bonds as herein authorized and provided, fixing their form, declaring the amount remaining unpaid, denominations and interest, the lots or parcels of land against which the said assessments remaining unpaid in whole or in part are a lien, and the names of the owners thereof where known, with the amounts due thereon, and directing that the said unpaid assessments or portions thereof shall thereafter be paid in the manner and at the time to be decided by the [board of trustees] city council and set forth in the ordinance directing the issuance of the bonds. Each of the said installments shall bear interest from the end of the said fifty (50) days until due at the same rate of interest as that provided for in the bonds, payable annually or semiannually, which rate shall be fixed by the ordinance but which in no event shall exceed seven (7%) percent per annum.
κ1960 Statutes of Nevada, Page 197 (CHAPTER 141, AB 9)κ
due at the same rate of interest as that provided for in the bonds, payable annually or semiannually, which rate shall be fixed by the ordinance but which in no event shall exceed seven (7%) percent per annum. Such installments and the interest thereon shall be and remain a lien on the said lots and parcels of lands until paid, and shall be collected in the same manner as other delinquent general or special assessments; provided, that the [board of trustees] city council may in the ordinance directing the issuance of the bonds provide that the unpaid assessments or portions thereof as herein contained shall be placed on the state and county tax roll and collected in the same manner and at the same time as other state and county general taxes are collected, and the several officers of Ormsby county are hereby authorized and directed to provide for and collect the said unpaid assessments or portions thereof as herein contained in all cases where the same are directed to be paid and collected in this manner by the [board of trustees.] city council.
Sec. 16. Section 10b (10) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 625, is hereby amended to read as follows:
Section 10b. (10) When expenses for such improvements shall be assessed, and there shall be lands belonging to the city, school buildings, or other public buildings or public grounds not taxable, fronting on such improvements, such part of the expense of such improvement as in the opinion of the [board of trustees] city council or assessor making such special assessment would be justly apportionable to such public grounds, buildings, and city property, and to any interior squares, or spaces formed by the intersection of streets where they are taxable, shall be paid from the general fund or other proper fund, or part from each, as the [board of trustees] city council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvement or improved streets, or sewers, in proportion to their number of feet frontage; or if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement. When such assessment is to be made upon lots in proportion to their frontage upon the improvement, if from the shape and 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 of trustees,] city council, or assessor making the assessments, may assess such lots or such number of feet frontage as in their opinion would be just. The cost and expense of the following improvements, including the necessary land therefor, viz, for city hall and other public buildings for the use of the city officers, engine houses, and structures for the fire department, waterworks, city prison, levees and embankments shall be paid from the proper fund of the city; except that, as hereinbefore mentioned, in case of land appropriated for streets, alleys, sidewalks, curbs, gutters, sewers, drains, and rights-of-way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed.
κ1960 Statutes of Nevada, Page 198 (CHAPTER 141, AB 9)κ
case of land appropriated for streets, alleys, sidewalks, curbs, gutters, sewers, drains, and rights-of-way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed.
Sec. 17. Section 10b (11) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 625, is hereby amended to read as follows:
Section 10b. (11) Whenever, in the opinion of the [board of trustees,] 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 and adjacent to or otherwise benefited by such improvement, such assessment may be made in the manner herein specified. When the [board of trustees] city council shall determine to make any public improvement for which a special assessment is proper, as herein 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, and in case the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there is no district so set apart they 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, but 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 parts to be assessed can be ascertained and described by the city assessor.
Sec. 18. Section 10b (12) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, and last amended by chapter 493, Statutes of Nevada 1959, at page 870, is hereby amended to read as follows:
Section 10b. (12) Before ordering any public improvement or repairs, any part of the expense of which is to be defrayed by special assessment, the [board of trustees] city council shall cause estimates of the expense thereof to be made by the city engineer, and also plats, maps, 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 place, and such notice shall state the time when the [board of trustees] city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements.
κ1960 Statutes of Nevada, Page 199 (CHAPTER 141, AB 9)κ
such notice shall state the time when the [board of trustees] 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 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 Ormsby, 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. 19. Section 10b (13) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, and last amended by chapter 223, Statutes of Nevada 1959, at page 263, is hereby amended to read as follows:
Section 10b. (13) Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of a majority of all members elected to the [board of trustees.] city council. The cost and expenses of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, making the assessments, together with newspaper publications and cost of construction, and all incidental costs. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed 100 percent of the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding 100 percent of the value of such lot or premises, which would otherwise be chargeable upon the lot or premises, shall be paid from the general funds of the city. The [board of trustees] city council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvements contemplated herein shall be made or awarded nor shall the [board of trustees] city council incur any expense or liability in relation thereto, except for surveys, maps, and such other preliminary acts as may be required to arrive at a preliminary estimate of the cost of the improvements, until after the notice and hearing provided for herein shall have been given or had, and until such time as the full amount of money necessary for the payment of the cost of such improvement has been set aside in a proper fund for that specific purpose. But nothing herein contained shall be construed as preventing the [board of trustees] city council from advertising for proposals for doing work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.
Sec. 20. Section 10b (14) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 627, is hereby amended to read as follows:
κ1960 Statutes of Nevada, Page 200 (CHAPTER 141, AB 9)κ
43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 627, is hereby amended to read as follows:
Section 10b. (14) When any special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, the [board of trustees] city council shall, by ordinance, direct the same to be made by the city assessor, and shall state therein the amount to be assessed and whether according to the frontage or benefits, and describe or designate the lots and premises, or the locality constituting the district to be assessed. In fixing the amount or sum of money that may be required to pay the costs of any improvement, the [board of trustees] city council need not necessarily be governed by the estimates of such improvement provided herein, but the [board of trustees] city council may decide upon such other sum, within the limitations described, as may be deemed necessary to cover the cost of such improvement.
Sec. 21. Section 10b (15) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 627, is hereby amended to read as follows:
Section 10b. (15) Upon receiving such order and directions the city assessor shall make out an assessment roll, entering and describing 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 and against such persons the amount to be assessed in the manner directed by the [board of trustees] city council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor he shall, in lieu of the name of the owner, insert the name Unknown; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of a person other than the owner, such assessment shall not for any cause 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 proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, improvements, or premises, and shall be collected as in other cases.
Sec. 22. Section 10b (17) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 628, is hereby amended to read as follows:
Section 10b. (17) When the assessor shall have completed the assessment he shall report the same to the [board of trustees.] city council. Such reports shall be signed by him and made in the form of a certificate, and endorsed on the assessment roll as follows:
State of Nevada, City of Carson City, ss. To the [board of trustees] city council of the city of Carson City: I hereby certify and report that the foregoing is the assessment roll and the assessment made by me pursuant to an ordinance of the [board of trustees] city council of the said city, adopted (give date), for the purpose of paying that part of the cost which the [board of trustees] city council decided should be paid and borne by special assessment for the purpose of paying the cost of
κ1960 Statutes of Nevada, Page 201 (CHAPTER 141, AB 9)κ
should be paid and borne by special assessment for the purpose of paying the cost of (e.g., for paving ................... street from .................. street to ................... street in said city, as the case may be), (or constructing a sewer on .................... street), (or as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment, conformed in all things to the directions contained in the ordinance of the [board of trustees] city council hereinbefore referred to, as well as to the charter of the city relating to such assessment.
Dated: Carson City, Nevada, ................................. A. D., 19......
...................................................................... City Assessor.
Sec. 23. Section 10b (18) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 628 is hereby amended to read as follows:
Section 10b. (18) When any expense shall be incurred by the city upon or in respect to any separate or single lot, parcel of land, or premises which expense, by the provisions of this act, the [board of trustees] city council is authorized to charge and collect as a special assessment against said lot or parcel of land, and which assessment is not of that class of special assessments required to be made pro rata upon several lots or parcels of land, an account of the labor or service for which such expense was incurred, verified by the officer or person performing the services or causing the same to be done, with the 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 of trustees.] city council. And the provisions of the previous subdivisions, with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to that class of improvements contemplated in this subdivision. When such an account is reported to the [board of trustees the board of trustees] city council, the city council shall determine what amount or part of every such expense, if any, shall be charged as a special assessment and the person, if known, against whom and the premises upon which the same shall be levied as a special assessment; and so often as the [board of trustees] city council shall deem it expedient they shall require all of the several accounts so reported and determined and the several lots or premises and the persons chargeable therewith, respectively, to be reported by the city clerk to the city assessor for assessment.
Sec. 24. Section 10b (19) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 628, is hereby amended to read as follows:
Section 10b. (19) Upon receiving the report mentioned in section 10b (17) or section 10b (18) the city assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him and against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the [board of trustees.]
κ1960 Statutes of Nevada, Page 202 (CHAPTER 141, AB 9)κ
charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the [board of trustees.] city council.
Sec. 25. Section 10b (20) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, and amended by chapter 493, Statutes of Nevada 1959, at page 870, is hereby amended to read as follows:
Section 10b. (20) When any special assessment shall be reported by the city assessor to the [board of trustees] city council as in section 10b. (19) directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the [board of trustees] city council shall cause a notice to be published for two times in some newspaper published in the city, of filing of the same with the city clerk, and appointing a time when the [board of trustees] 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 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 Ormsby, 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. 26. Section 10b (21) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 629, is hereby amended to read as follows:
Section 10b. (21) The notice provided in section 10b (20) may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:
NOTICE OF SPECIAL ASSESSMENT
To (insert the name of the person or persons against whom the assessment appears) and to all persons interested, take notice: That the roll of the special assessment heretofore made by the city assessor for the purpose of defraying that part of the costs which the [board of trustees] city council decided should be paid and borne by special assessment for the (e.g., paving ................. street to .................... street in said city), (or constructing a sewer on street between ..................... street and ................... street), (or as the case may be), is now on file at my office for public inspection. Notice is hereby given that the [board of trustees] city council and city assessor of the city of Carson City will meet in the regular meeting place of the [board of trustees] city council in said city on (insert the date fixed upon)
κ1960 Statutes of Nevada, Page 203 (CHAPTER 141, AB 9)κ
fixed upon), to review said assessment, at which time and place opportunity will be given all persons interested to be heard; provided, any person objecting to the assessment may file his objections thereto, in writing, with the city clerk at any time before the time set for said hearing.
Dated .............................................................
................................................................................... , City Clerk.
Sec. 27. Section 10b (22) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 629, is hereby amended to read as follows:
Section 10b. (22) At the time appointed for the purpose aforesaid the [board of trustees] city council and city assessor shall meet and there, or at some adjourned meeting, review the assessment; and shall hear any objection to said assessments which may be made by any person deemed himself aggrieved thereby, and shall decide the same; and the [board of trustees] city council may correct the assessment as to any assessment or description of the premises appearing therein and may confirm it as reported or as corrected, or may refer the assessment back to the city assessor for revision; or annul it and direct a new assessment; in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words: Special assessment roll for (describing fully what the assessment is for), as approved by the [board of trustees] city council on the .......... day of ...................... (month), 19........ affixing the time).
Dated .............................................................
................................................................................. , City Clerk.
Sec. 28. Section 10c (1) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 630, is hereby amended to read as follows:
Section 10c. (1) When any special assessment roll is approved by the [board of trustees] city council it shall be final and conclusive. Said roll when so endorsed by the city clerk shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.
Sec. 29. Section 10c (2) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 630, is hereby amended to read as follows:
Section 10c. (2) All special assessments shall from the date of the approval thereof constitute a lien upon the respective lots or parcels of land assessed. Upon the approval of any assessment, the amount thereof may be divided into not more than twelve installments to be collected quarter-yearly, or one of such installments may be collected each year, at such time as the [board of trustees] city council may determine, with annual interest at a rate not exceeding seven (7%) percent.
κ1960 Statutes of Nevada, Page 204 (CHAPTER 141, AB 9)κ
Sec. 30. Section 10c (3) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 630, is hereby amended to read as follows:
Section 10c. (3) All special assessments, except such installments thereof as the [board of trustees] city council shall make payable at a future time, as provided in the preceding section, shall be due and payable on approval.
Sec. 31. Section 10c (4) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 630, is hereby amended to read as follows:
Section 10c. (4) Should any lots or lands be divided after a special assessment thereon shall have been approved and divided into installments and before the collection of the installments, the [board of trustees] city council may require the city 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. 32. Section 10c (6) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 630, is hereby amended to read as follows:
Section 10c. (6) Whenever any special assessment shall, in the opinion of the [board of trustees,] city council, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the [board of trustees] city council shall, whether the improvement has been made or not or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment in this act.
Sec. 33. Section 10c (8) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 25, Statutes of Nevada 1953, at page 21, is hereby amended to read as follows:
Section 10c. (8) When any special assessment shall be approved and payable the [board of trustees] city council may direct the city clerk to report to the city assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed, respectively. Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed as a tax in the general assessment roll next thereafter, to be made in a column for special assessments or in a special assessment roll provided therefor, and the county auditor of Ormsby county, acting as ex officio city auditor shall extend the same in said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds.
κ1960 Statutes of Nevada, Page 205 (CHAPTER 141, AB 9)κ
state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds. In the event any special assessment or assessments provided for herein are not paid when due, it shall be the duty of the said ex officio city tax receiver to sell the property in the same manner and at the same time, when possible, as property is sold for delinquent state or county taxes; and in such event it shall be the duty of said ex officio tax receiver to add thereto the same penalties, charges and costs as are added for delinquent state and county taxes.
Sec. 34. Section 10d of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 104, Statutes of Nevada 1941, at page 153, is hereby amended to read as follows:
Section 10d. The [board of trustees] city council shall have, among others, the following powers: To provide by ordinance for the care and preservation of all trees and shrubbery within the city and to regulate the planting and destruction thereof; provided, that said [board of trustees] city council may, in its discretion, assess the cost for the care and preservation, planting, trimming, or removal of any of said trees or shrubbery to the owner or owners of the property on which the same may be; or if on the sidewalk or street to the owner or owners of the property abutting the portion of the sidewalk or street on which said trees or shrubbery may be or may have been. Upon the neglect or refusal of said property owner or owners to pay the costs so assessed within a time to be specified, then, and in such case, the said cost or costs so assessed shall become a lien upon said property.
Sec. 35. Section 10e of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 104, Statutes of Nevada 1941, at page 153, is hereby amended to read as follows:
Section 10e. The [board of trustees] city council shall have, among others, the following powers: To provide for the prevention and extinguishment of fires, and to organize, establish, regulate, and disband fire or hose companies in said city.
Sec. 36. Section 10f of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 104, Statutes of Nevada 1941, at page 153, is hereby amended to read as follows:
Section 10f. The [board of trustees] city council shall have, among others, the following powers: To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings used for public purposes to be provided with fire escapes and with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fire; to prevent the overcrowding thereof, and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein, and to regulate or prohibit the storage of gunpowder and other explosive or combustible materials within the limits of said city.
κ1960 Statutes of Nevada, Page 206 (CHAPTER 141, AB 9)κ
scenery, curtains, blinds, screens, or other appliances therein, and to regulate or prohibit the storage of gunpowder and other explosive or combustible materials within the limits of said city.
To establish building zones, and to require building permits, and to regulate the construction of and the materials used in all buildings, chimneys, stacks, and other structures; to prevent the erection and maintenance of insecure or unsafe building walls, chimneys, stacks, or other structures, and to provide for their summary abatement, destruction, or removal; to provide for the abatement, destruction, or removal of unsightly or partially destroyed buildings; to regulate the materials used in and the method of construction and location of drains and sewers, the materials used in wiring buildings or other structures for the use of electricity for lighting, power, heat, or other purposes, and materials used for piping buildings or other structures for the purpose of supplying the same with water, gas, or electricity, and the manner of so doing; to prohibit the construction of buildings and structures which do not conform to such regulations.
To pass and adopt zoning ordinances establishing building lines, and regulating, restricting, and prohibiting the use of buildings and lands, within the districts or zones so established, by industries, trades, occupations, and businesses, and by different kinds and classes of buildings, structures, and dwellings.
Sec. 37. Section 10g of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 104, Statutes of Nevada 1941, at page 154, is hereby amended to read as follows:
Section 10g. The [board of trustees] city council shall have, among others, the following powers: To determine by ordinance what shall be deemed nuisances within the limits of said city, and provide for the punishment, removal, and prevention of the same; to provide by ordinance for the removal of any refuse, weeds, or other growth, unsightly, insanitary, offensive, or a fire hazard upon any lot or lots or in or about any premises within the city limits; to provide by ordinance that the cost of abating any nuisance existing upon private property and the cost of removal of any refuse, weeds, or other growth, unsightly or obnoxious matter or material, be made a lien upon the property on which said nuisance existed or from which said refuse, weeds, or other growth, unsightly or obnoxious matter or material has been removed, and to provide that the amount of such lien may be levied and assessed against the property as a tax in the general assessment roll next thereafter to be made, in a column for special assessments, and thereupon the amount so levied and assessed in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and at the same time and in the same manner, and shall continue to be a lien upon the property assessed until paid; provided, that at any time after the special assessment has become payable the same may be collected, or the lien created enforced by a suit in the name of the city in any court of competent jurisdiction.
Sec. 38. Section 10h of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 104, Statutes of Nevada 1941, at page 154, is hereby amended to read as follows:
κ1960 Statutes of Nevada, Page 207 (CHAPTER 141, AB 9)κ
Section 10h. The [board of trustees] city council shall have, among others, the following powers: To fix and regulate a license upon and regulate all theaters, theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements within said city; to fix and regulate and collect a license tax upon and regulate all taverns, hotels, restaurants, eating houses, boarding houses, lodging houses, bankers, brokers, gold-dust and bullion dealers, manufactories, livery stables, garages, express companies, drayman, job-wagons and taxicabs doing business within said city, and persons or corporations engaged in carrying letters, packages, or freight, railroads and stage companies, or the owners of railroads, stage or stage lines, having an office, agency, or place of business in said city, or running through said city; to license, tax, and regulate auctioneers and stock brokers within said city; to license, tax, regulate, limit or prohibit all tippling houses, dram shops, saloons, and barrooms; to license, tax, and regulate all hawkers and peddlers (except those dealing in their own agricultural products of this state), pawn-brokers, refreshment and coffee stands, booths and sheds within the city; to regulate, limit or prohibit prostitutes, houses of prostitution, houses of ill-fame, unlicensed and disorderly houses; to license, tax, regulate, limit or prohibit gaming houses, gambling games and devices, hurdy-gurdy houses, or dance houses within the city; to levy and collect an annual per capita tax on all dogs within said city, and to provide for the destruction of all dogs upon which said tax shall not have been paid, and to prevent all other animals from running at large in said city, and to provide for the impounding, redemption, and sale of all such animals found running at large in said city, and to provide for their destruction upon being unable to find a buyer therefor; and to fix and have collected a license tax on all trades, professions, and classes of business carried on in said city and not hereinbefore specified.
Sec. 39. Section 10i of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 104, Statutes of Nevada 1941, at page 155, is hereby amended to read as follows:
Section 10i. The [board of trustees] city council shall have, among others, the following powers: To provide for the issuance of all licenses in this act specified or permitted to be issued, and to fix the amount thereof, and the times for which and the terms upon which the same shall be issued.
Sec. 40. Section 10j of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 104, Statutes of Nevada 1941, at page 155, is hereby amended to read as follows:
Section 10j. The [board of trustees] city council shall have, among others, the following powers: To punish, restrain, and prevent any disorderly conduct within the city.
Sec. 41. Section 10k of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 104, Statutes of Nevada 1941, at page 155, is hereby amended to read as follows:
Section 10k. The [board of trustees] city council shall have, among others, the following powers: To hold, manage, use, and dispose of all real and personal property of said city, and to enforce the payment and collection of all dues and demands belonging or inuring to said city; but no sale of any such property shall be made until after it shall have been appraised by three appraisers, taxpayers of said city, at the actual market value, nor shall it be sold for less than seventy-five percent of such appraised value.
κ1960 Statutes of Nevada, Page 208 (CHAPTER 141, AB 9)κ
and collection of all dues and demands belonging or inuring to said city; but no sale of any such property shall be made until after it shall have been appraised by three appraisers, taxpayers of said city, at the actual market value, nor shall it be sold for less than seventy-five percent of such appraised value.
Sec. 42. Section 10l of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 104, Statutes of Nevada 1941, at page 155, is hereby amended to read as follows:
Section 10l. The [board of trustees] city council shall have, among others, the following powers: To fix and prescribe the punishment for the breach of any ordinance of said city adopted by said [board of trustees] city council to be enforced therein; but no fine shall be imposed for any offense in a sum greater than five hundred dollars, nor shall any term of imprisonment exceed six months; but, in case of imprisonment, any person committed for punishment after conviction may be made to work during the term of such imprisonment on any public street or works of said city, and the city marshal or street inspector may use any lawful means to prevent the escape of such prisoners while so at work, or while going to or from such work.
Sec. 43. Section 10m of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 104, Statutes of Nevada 1941, at page 156, is hereby amended to read as follows:
Section 10m. The [board of trustees] city council shall have, among others, the following powers: To establish a board of health, and to prevent the introduction and spread of disease.
Sec. 44. Section 10n of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 104, Statutes of Nevada 1941, at page 156, is hereby amended to read as follows:
Section 10n. The [board of trustees] city council shall have, among others, the following powers: To condemn property for the use of the inhabitants of the city, in the manner hereinafter provided. The [board of trustees] city council shall appoint one referee, and the claimant or claimants or owner or owners of the property sought to be condemned shall appoint one referee, and in the event the two referees so appointed shall not agree in the valuation of the property or interest or interests claimed therein, then the two so appointed shall select a third referee, and the decision of the majority of such three, as to the valuation of the property or the interest or interests therein by them appraised, shall be reported to said [board of trustees] city council and shall be by them regarded as final and binding unless the party deeming himself aggrieved by the decision of such referees shall appeal therefrom to the district court of the proper county within thirty days after notice of such decision shall have been served upon him; and upon the tender, in lawful money of the United States, of the sum named as the value of such property, interest, or interests to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest or interests therein appraised, and shall become and be the property of the city, and said [board of trustees] city council may, at any time after twenty days notice cause the city marshal to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal.
κ1960 Statutes of Nevada, Page 209 (CHAPTER 141, AB 9)κ
after twenty days notice cause the city marshal to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned, as herein provided, shall refuse or neglect, when required by said [trustees,] city council, to appoint a referee to value such property, then said [board of trustees] city council shall appoint a board of appraisers of such property, and their valuation of the same shall be final and binding, subject to the right of appeal, as hereinbefore provided; but no act of condemnation of property, or any claim of interest therein, as herein provided, shall be deemed or held as an admission on the part of the city, or the inhabitants thereof, of the legality of the asserted claim thereto or right therein; and in the condemnation of property, as in this act provided, the referees or appraisers, as the case may be, shall consider whether the proposed improvement, for which said property is so condemned, will be of any benefit to the person or persons owning or claiming the said property or some interest therein, and if they find that the same will be of benefit to such person or persons they shall estimate the value of such benefit to him or them, and deduct the amount thereof from the estimated value of the property or interest therein condemned.
Sec. 45. Section 10o (1) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 631, is hereby amended to read as follows:
Section 10o. (1) The [board of trustees] city council shall have, among others, the following powers: To appoint a city clerk, a city treasurer, a city marshal, a city engineer, a city attorney, and such other officers as in the discretion of the [board of trustees] city council may from time to time be required to serve the best interests of Carson City and the inhabitants thereof, and may also appoint at its discretion, for such periods of time and for such compensation as may be reasonable, such deputies, clerks, and stenographers as may be necessary to assist any of the officers hereinabove referred to in the performance of their official duties; provided, however, the same person may be appointed to serve in both the office of the city treasurer and city clerk at the same time.
Sec. 46. Section 10o (2) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 632, is hereby amended to read as follows:
Section 10o. (2) The [board of trustees] city council shall have the power to remove any officer appointed under the provisions of this act at pleasure upon good cause shown therefor, and, upon a charge being preferred, to suspend such officer until the charge shall have been heard and finally passed upon. In the event of the suspension of any officer as herein provided the [board of trustees] city council shall have the power to temporarily appoint some competent person to perform the duties of the suspended officer until such time as the charge has been disposed of. In the event the charge against the suspended officer is found not to be sufficient to merit discharge his salary shall be paid during the period of suspension; provided, however, that if such officer be discharged as a result of such charge then his salary shall be paid only to the date of suspension.
κ1960 Statutes of Nevada, Page 210 (CHAPTER 141, AB 9)κ
suspended officer is found not to be sufficient to merit discharge his salary shall be paid during the period of suspension; provided, however, that if such officer be discharged as a result of such charge then his salary shall be paid only to the date of suspension.
Sec. 47. Section 10o (3) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 632, is hereby amended to read as follows:
Section 10o. (3) The [board of trustees] city council shall have the power to cause the city marshal to appoint one or such number of policemen as the [board of trustees] city council shall from time to time determine, who shall be under the direction and control of the marshal as head of the police force of the city, but such appointments shall be of no validity whatever until the same shall have been approved by said [board of trustees,] city council, and the said [board of trustees] city council shall have power to remove any such policemen from office at pleasure, upon good cause shown, and, upon a charge being preferred, to suspend until the same shall have passed upon finally.
Sec. 48. Section 10p of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 104, Statutes of Nevada 1941, at page 157, is hereby amended to read as follows:
Section 10p. The [board of trustees] city council shall have, among others, the following powers: To contract, upon such terms and conditions as in the judgment of the said [board of trustees] city council may be for the best interests of the citizens of said city, for an adequate supply of water for sewer, fire, or other municipal purposes; and to let, rent, sell, or dispose of the sewerage water discharged from the sewers of said city for such periods of time and upon such terms and conditions as in the judgment of said [board of trustees] city council may be for the best interests of the citizens of said city.
Sec. 49. Section 10q of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 104, Statutes of Nevada 1941, at page 157, is hereby amended to read as follows:
Section 10q. The [board of trustees] city council shall have, among others, the following powers: To adopt and pass all ordinances, compilation of revised ordinances, codes of ordinances, resolutions, rules, and orders and to do and perform all other acts and things necessary for the execution of the powers and jurisdiction conferred by this act, and to audit and allow all claims properly payable out of the treasury of said city; provided, said [board] city council shall not have the power to audit or allow any claim whatsoever unless there be sufficient funds in the treasury to pay the same at the time of such allowance; and provided further, that it shall be the duty of the [board of trustees] city council to cause to be published, in a newspaper published in Carson City, the list of claims allowed for the preceding month, said list to state the name of the person, company, or corporation to whom allowed and the amount thereof, and to be published but for one issue and within one week after the regular monthly meeting of said [board of trustees.] city council.
Sec. 50. Section 11 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 632, is hereby amended to read as follows:
κ1960 Statutes of Nevada, Page 211 (CHAPTER 141, AB 9)κ
Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 632, is hereby amended to read as follows:
Section 11. The [board of trustees] city council shall have power, by ordinance, to take up and refund the bonds of the city of Carson City, either before or after maturity, issued for public improvements, or for any other purpose, including all accrued interest thereon; provided, however, that no refunding bond shall in anywise alter the obligation and terms of the original bond to be refunded, other than by an extension of the date of maturity thereof. The [board of trustees] city council shall have power to refund the entire issue of any bond, or any one or more series of any one issue; provided, however, that such fact or facts must appear in the ordinance herein required to be enacted by the [board of trustees.] city council. The [board of trustees] city council is authorized to exchange such refunding bonds for the bonds sought to be refunded thereby, and shall not be required to offer the same for sale nor to sell the same to the highest or the best bidder, or to any bidder therefor.
Sec. 51. Section 13 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as amended by chapter 202, Statutes of Nevada 1929, at page 370, is hereby amended to read as follows:
Section 13. A city attorney may be elected by the [board of trustees] city council or an attorney may be employed by the [board of trustees] city council without such election, from time to time, as the necessity of the business shall require. The person so selected or employed, as the case may be, shall perform such duties and receive such compensation as may be prescribed by the [board of trustees.] city council.
Sec. 52. Section 14 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 83, Statutes of Nevada 1921, and last amended by chapter 104, Statutes of Nevada 1941, at page 158, is hereby amended to read as follows:
Section 14. It shall be the duty of the city marshal to diligently enforce all ordinances of the city; to collect all amounts due on delinquent city licenses and to pay the amount so collected to the city treasurer; to execute all process issuing from the recorders court, and, in general, to perform all duties as may be defined and provided in ordinances enacted by the [board of trustees.] city council.
Sec. 53. Section 16 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 347, Statutes of Nevada 1959, at page 521, 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 courts. He shall receive a monthly salary 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.
κ1960 Statutes of Nevada, Page 212 (CHAPTER 141, AB 9)κ
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 justices courts. He shall prepare bonds, justify bail, and administer all oaths. He shall render monthly or oftener as the [board of trustees] city council 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. 54. Section 17 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as amended by chapter 104, Statutes of Nevada 1941, at page 158, is hereby amended to read as follows:
Section 17. The [board of trustees] city council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax as hereinbefore prescribed upon all real and personal property situate in the city, and made assessable by law for state and county purposes; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions (acting ex officio as city officers) as prescribed and provided in the revenue laws of this state for the collection of state and county taxes; and said city tax so levied shall be assessed and collected with the state and county taxes of each year; and the revenue laws of this state shall, in every respect not inconsistent with the provisions of this act, be deemed applicable, and so held, to the levying, assessing, and collecting of the city taxes; provided, that in the matter of equalization of assessments upon property, the rights of the city shall be concluded in the manner and to the same extent as is the state and county by the action of the county or state board of equalization. And whenever practical and expedient, all forms and blanks in the use in the levying, assessing, and collecting of state and county revenue, shall, with such alterations or additions as may be necessary, be used in the levying, assessing, and collecting of the revenue of the city. The [board of trustees] city council shall enact all such ordinances as shall be found necessary, and not inconsistent with this act and the laws of this state, for the prompt, convenient, and economical collection of the city revenues.
The county officers of Ormsby County having to do with the assessment, collection, and custody of taxes shall annually collect all city taxes and assessments and segregate and report the same in detail to the county auditor at monthly intervals during the period of collection, and the county auditor at least monthly during such period, and on final settlement, shall currently draw his warrant and warrants on the county treasurer, payable to the city treasurer, for the amounts so collected as city taxes and assessments, and the county treasurer shall pay the same, taking the receipt of the city treasurer for the same.
Sec. 55. Section 18 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, at page 93, is hereby amended to read as follows:
κ1960 Statutes of Nevada, Page 213 (CHAPTER 141, AB 9)κ
Sec. 18. All taxes, fines, forfeitures, or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this Act or of any valid ordinance of the city, shall be paid by the officer or person collecting or receiving the same to the City Treasurer, who shall keep an accurate account thereof and give itemized receipts therefor, in duplicate; one of which shall be given by him immediately to the City Clerk for the more perfect keeping of his accounts and for the information and guidance of the [Board of Trustees,] city council, and the other shall be given to the officer or person so paying in such moneys. All such moneys shall be placed by the City Treasurer in a fund to be known as the General Fund, and shall be so kept except as paid out upon proper warrants; provided, that the [Board of Trustees] city council may, at their sound discretion, set apart any surplus moneys in said fund, to be kept by said Treasurer in a fund which shall be known as the Redemption Fund; provided further, that the amount of moneys so ordered to be transferred shall in no instance exceed one half of the moneys in the General Fund at the date of such order.
Sec. 56. Section 19 of the above-entitled act, being chapter 43, Statutes of Nevada, 1875, as last amended by chapter 347, Statutes of Nevada 1959, at page 521, 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] councilman of Carson City, other than the president of the [board of trustees,] city council, shall receive a salary at the rate of $900 per year, payable in equal monthly installments, and the [trustee] councilman at large and ex officio mayor and president of the [board of trustees] city council shall receive a salary at the rate of $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,] city council, who shall consider and allow or reject the same in their order as presented to the clerk of the [board,] city council, 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,] members of the city council, 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] city council 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.
κ1960 Statutes of Nevada, Page 214 (CHAPTER 141, AB 9)κ
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,] city council, which shall take place annually on the third Monday in December. The president of the [board of trustees,] city council, or some member of the [board] city council 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,] city council, which shall be spread at large upon the journal of the [board.] city council.
Sec. 57. Section 20 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, at page 94, is hereby amended to read as follows:
Sec. 20. The holder of any claim or demand mentioned as above, which has been rejected in whole or in part, may, within six months after such rejection, commence an action in any Court of competent jurisdiction of the County of Ormsby for the amount of the claim or the portion rejected, as the case may be. The action shall be against the city, and the service of summons shall be made upon the President of the [Board of Trustees.] city council. In case of a final recovery of judgment by the plaintiff, the [Board of Trustees] city council shall allow the amount thereof, which shall be paid in the order of such allowance.
Sec. 58. Section 21 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as amended by chapter 104, Statutes of Nevada 1941, at page 160, is hereby amended to read as follows:
Section 21. All officers of Ormsby County, acting, ex officio or otherwise, under the provisions of this act, for Carson City, shall be liable and accountable on their official bonds given as county officers for their acts and neglects respecting the provisions of this act, but the [board of trustees] city council shall require from them such further or additional security as may be necessary from time to time. The [board of trustees] city council shall require from all other officers and employees of Carson City, constituted or appointed under this act, except members of the [board of trustees,] city council, sufficient security for the faithful and honest performance of their respective duties, and they may require such bonds or security from all officers and employees of the city who receive any salary or compensation, at any time, if they see fit. In case any such officer or employee shall neglect or refuse on demand to give the required bond or security, or to perform the duties imposed upon him or required by virtue of the provisions of this act, the [board of trustees,] city council, or a majority of them, may declare the respective office vacant or dismiss the respective employee and fill the vacancy so caused by appointment from time to time but for not longer than the time for the succeeding quadrennial city election.
κ1960 Statutes of Nevada, Page 215 (CHAPTER 141, AB 9)κ
provisions of this act, the [board of trustees,] city council, or a majority of them, may declare the respective office vacant or dismiss the respective employee and fill the vacancy so caused by appointment from time to time but for not longer than the time for the succeeding quadrennial city election.
Sec. 59. Section 23 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, at page 95, is hereby repealed.
Sec. 60. Section 24 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as amended by chapter 10, Statutes of Nevada 1941, at page 160, is hereby amended to read as follows:
Section 24. The city clerk shall keep the corporate seal, if there be one, also all books, and shall file and keep all papers belonging to the city under their proper heads; attend all meetings of the [board of trustees,] city council, and keep an accurate journal of their proceedings, including a record of all ordinances, bylaws, and resolutions passed or adopted by them, which journal shall, after approval at each meeting, be signed by the president of the [board,] city council, and attested under the hand of the clerk. He shall sign all warrants issued, and affix the seal thereto, if there be any. He shall number and countersign all licenses, and likewise affix the seal thereto. All licenses shall be printed, showing on their face the class of license, with marginal stubs attached, and stitched together in books, each book containing an equal number of one class only. All licenses issued shall be signed by the president of the [board of trustees.] city council. The city clerk shall be the custodian of the blank licenses, and all persons required by all ordinances passed or to be passed pursuant to the provisions of this act shall apply for the same to the city clerk at his office, and on receiving payment therefor the city clerk shall issue and deliver the same and pay all moneys received therefor to the city treasurer, taking the city treasurers receipt therefor. If any license shall be unpaid and delinquent the city clerk shall deliver the certificate for the same to the city marshal, debiting him for the same, and the city marshal shall collect all sums due therefor, including penalties or additions if any, and deliver such sums to the city treasurer, taking the city treasurers receipt therefor in duplicate and deliver one such duplicate receipt to the city clerk, who shall make an entry and note of the same. The city marshal shall be liable on his bond for any failure to collect such sums due to his negligence; provided, that if he shall be unable to make collection in a reasonable time and shall report to that effect to the [board of trustees,] city council in any case, the [board of trustees] city council, may take other steps for collection and relieve the city marshal of liability, as they may determine, but the city marshal shall in no case be relieved from liability to turn over to the city treasurer all moneys that he may have collected. The city clerk shall also keep an accurate account of all warrants and orders drawn upon the city treasurer in such manner that the [board] city council can at any time ascertain the actual outstanding indebtedness, and shall perform such other duties as may be required by the [board of trustees.] city council. Upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses, the yeas and nays shall be called, and the clerk shall enter the same, and the vote of each member of the [board,] city council, upon the journal.
κ1960 Statutes of Nevada, Page 216 (CHAPTER 141, AB 9)κ
appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses, the yeas and nays shall be called, and the clerk shall enter the same, and the vote of each member of the [board,] city council, upon the journal.
Sec. 61. Section 25 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 173, Statutes of Nevada 1951, at page 250, is hereby amended to read as follows:
Section 25. The style of all ordinances shall be: The [board of trustees] city council of Carson City do ordain: All ordinances, compilations or revised ordinances, and codes of ordinances, before going into effect, shall be published, either by being published in three issues on separate days in a newspaper published in Carson City, or, upon being adopted by the unanimous vote of the [board of trustees] city council and so ordered by the unanimous vote of said [board,] city council, by being posted for the period of three weeks in the office of the city clerk of Carson City, with notice of said posting and title of ordinance or general title of the compilation of revised ordinances or code of ordinances, being given by being published once a week for three successive weeks in a newspaper published in Carson City. All ordinances shall be transcribed in full in the minutes of the [board of trustees,] city council, and when so transcribed and certified to therein by the city clerk as being a full, true and correct copy of the original ordinance as passed, and as having been duly published as hereinbefore provided, then said minutes may be used as prima-facie evidence of the correctness and due publication of said ordinance. Upon the expiration of the period of publication of any compilation of revised ordinances or code of ordinances the city clerk shall certify thereon the due publication thereof, and any copy of any section of such compilation of revised ordinances or code of ordinances, duly certified to by the city clerk as a full, true and correct copy of said section, or any copy of such compilation of revised ordinances or code of ordinances, printed under the order of the [board of trustees] city council may be used as prima-facie evidence of the correctness and due publication of any such compilation of revised ordinances or code of ordinances, or of any section thereof. The style of all civil process shall be: Carson City. The style of all criminal process shall be: Carson City.
Sec. 62. Section 29 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, at page 96, is hereby amended to read as follows:
Section 29. If any officer shall remove his office from the city, or absent himself therefrom more than thirty days without leave of the [Board of Trustees] city council his office shall by the [Board] city council be declared vacant, and the vacancy filled by appointment as provided in this Act.
Sec. 63. Section 30 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, at page 96, is hereby amended to read as follows:
Section 30. The City Marshal shall not be answerable upon his official bond for the conduct of policemen appointed under the provisions of this Act, but the [Board] city council may require of such appointees such bonds as shall be by them determined upon as proper.
κ1960 Statutes of Nevada, Page 217 (CHAPTER 141, AB 9)κ
of this Act, but the [Board] city council may require of such appointees such bonds as shall be by them determined upon as proper. The powers and duties of the City Marshal may be more fully defined by such ordinances as shall not be inconsistent with this Act.
Sec. 64. Section 32 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 146, Statutes of Nevada 1907, at page 344, is hereby amended to read as follows:
Section 32. The [Board of Trustees] city council shall have the power to acquire and purchase water, light, sewer, gas and power systems or any other public utility, and to hold, manage and operate the same when acquired, for the public use and benefit of the people of the city. They shall, when deemed advisable, submit a proper resolution, and the same may be voted upon by the people in all respects as provided herein for special elections.
Sec. 65. Section 33 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 146, Statutes of Nevada 1907, at page 344, is hereby amended to read as follows:
Section 33. The [Board of Trustees] city council shall have the power by ordinance to grant any franchise or create any city or municipal bonded indebtedness, and to levy and collect a special tax to pay the interest and principal of such bonded indebtedness; provided, however, that the income from any public utility acquired by the creation of a bonded indebtedness, as herein provided, may be used to pay the interest and principal of said indebtedness; but no ordinance for such purpose or purposes shall be valid or effective for any purpose unless the [Board of Trustees] city council shall first pass a resolution which shall set forth, fully and in detail, the purpose or purposes of the proposed bonded indebtedness, the terms, amount, the rate of interest and time within which redeemable, and on what fund; or the applicant for, the purpose and character of, terms, time and conditions of the proposed franchise as the case may be. Such resolution shall be published in full in some newspaper published in the city, for the period of at least four weeks. On the first regular or special meeting of the [Board of Trustees] city council after the expiration of the period of such publication, the [Board of Trustees] city council shall, unless a petition shall be received by it, as in the next section provided, proceed to pass an ordinance for the issuing of the bonds, of the granting of the franchise, as the case may be; provided, that such bonds shall be issued or municipal indebtedness created, or franchise granted, as the case may be, only on the same terms and conditions in all respects as expressed in the resolution as published, otherwise such ordinance shall be null and void; and provided further, that the [Board of Trustees] city council shall dispose of said bonds or the franchise, as the case may be, only to the person or persons offering the best and most advantageous terms to the city.
Sec. 66. Section 34 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 146, Statutes of Nevada 1907, at page 345, is hereby amended to read as follows:
Section 34. The ordinance passed on, as in the preceding section provided for, shall be valid to all intents and purposes as other ordinances duly and legally passed by the [Board of Trustees,] city council, and any municipal bonded indebtedness created, bonds issued or franchise granted thereby, shall be in all respects valid and legal; provided, that if at any time within twenty days from the date of the first publication of the resolution in the preceding section, a petition signed by not less [than] than fifty residents and taxpayers in said city, representing not less than one-tenth of the taxable property of said city, according to the last previous assessment roll, shall be presented to the [Board of Trustees,] city council, praying for a special election in said city upon the question of whether or not the proposed ordinance shall be passed, then it shall be the duty of the [Board of Trustees] city council to call a special election as soon as practicable; such election shall be held and conducted, as nearly as possible, in the same manner as elections for city officers.
κ1960 Statutes of Nevada, Page 218 (CHAPTER 141, AB 9)κ
provided for, shall be valid to all intents and purposes as other ordinances duly and legally passed by the [Board of Trustees,] city council, and any municipal bonded indebtedness created, bonds issued or franchise granted thereby, shall be in all respects valid and legal; provided, that if at any time within twenty days from the date of the first publication of the resolution in the preceding section, a petition signed by not less [than] than fifty residents and taxpayers in said city, representing not less than one-tenth of the taxable property of said city, according to the last previous assessment roll, shall be presented to the [Board of Trustees,] city council, praying for a special election in said city upon the question of whether or not the proposed ordinance shall be passed, then it shall be the duty of the [Board of Trustees] city council to call a special election as soon as practicable; such election shall be held and conducted, as nearly as possible, in the same manner as elections for city officers. Notices of such election shall be given in some newspaper published in the city, which notice shall be printed underneath the resolution hereinbefore mentioned and refer to the same, and the notice and resolution shall be published together for a period of at least two weeks before such election shall be held. The [Board of Trustees] city council shall in due time make provision for holding such special election and the City Clerk shall prepare, at the expense of the city, suitably printed stationery for use as ballots, which shall contain the words For the ordinance (stating briefly the nature thereof), and Against the ordinance (stating briefly the nature thereof). The [Board of Trustees] city council shall appoint suitable and competent persons to act as Inspectors at such elections and shall do all other things and acts necessary to fully carry out the purposes and intent hereof; provided, that no person not a taxpayer and qualified elector within the corporate limits of said city shall be qualified to vote at any such special election; and provided further, that no such proposed ordinance shall be adopted or be valid or effective for any purpose whatsoever, unless the same shall receive an affirmative vote of a majority of all voters voting thereon. The [Board of Trustees] city council shall canvass and declare the result, and if such proposed ordinance be carried as above provided, the fact shall be proclaimed by the [Board of Trustees] city council publishing a notice to that effect for a period of at least one week, and thereupon such ordinance may be passed by the [Board of Trustees] city council and signed by the President of the [Board of Trustees] city council and thenceforth be in full force and effect.
Sec. 67. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 219κ
Assembly Bill No. 197Committee on Internal Improvements and Public Lands
CHAPTER 142
AN ACT authorizing and directing the superintendent of the Nevada state hospital to convey to the state land register, without consideration, certain real property owned by the State of Nevada; and providing other matters properly relating thereto.
[Approved March 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The superintendent of the Nevada state hospital is hereby authorized, empowered and directed to convey to the state land register for the use of the division of forestry of the state department of conservation and natural resources and the state department of agriculture, without consideration therefor, all the hospitals right, title and the right to the use of that property situated in the county of Washoe, State of Nevada, and more fully described as follows:
Commencing at a point on the northerly R/W line of East Second Street from which the west 1/4 corner of Section 7, T. 19 N., R. 20 E., M.D.B. & M. bears S. 88° 46′ 23″ W., 2,436.75 feet more or less; thence proceeding No. 0° 10′ 00″ W., 630 feet to the meander line of the Truckee River as established by Public Land Survey; thence S. 45° 30′ E., 460.05 feet more or less, along the meander line of the Truckee River; thence S. 27° 30′ E., 338.30 feet more or less, along the meander line of the Truckee River to a point on the northerly R/W line of East Second Street; thence S. 89° 06′ 59″ W., 483.01 feet more or less, along the northerly R/W line of East Second Street, the point of beginning, and being further described as Lot X of Section 7, T. 19 N., R. 20 E., M.D.B. & M.
Sec. 2. The state land register shall designate the manner of use of such property.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 160Messrs. Schouweiler and Monaghan
CHAPTER 143
AN ACT to amend NRS section 122.070, relating to ministers who may solemnize marriages, by changing the qualifications for ministers who may solemnize marriages; by allowing temporary replacements for ministers to solemnize marriages; and by providing other matters properly relating thereto.
[Approved March 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 122.070 is hereby amended to read as follows:
122.070 1. Any licensed or ordained minister in good standing within his denomination, whose denomination, governing body and church, or any of them, are incorporated in the State of Nevada, may joint together as husband and wife persons who present a marriage license obtained from any county clerk of the state, if such minister first obtains a certificate of permission to perform marriages as provided in this section.
κ1960 Statutes of Nevada, Page 220 (CHAPTER 143, AB 160)κ
within his denomination, whose denomination, governing body and church, or any of them, are incorporated in the State of Nevada, may joint together as husband and wife persons who present a marriage license obtained from any county clerk of the state, if such minister first obtains a certificate of permission to perform marriages as provided in this section. The fact that a minister is retired shall not disqualify him from obtaining a certificate of permission to perform marriages if, prior to such retirement, he had active charge of a congregation within this state for a period of at least 3 years.
2. An application for such certificate shall be filed with the judge of the district court of the county in which such minister resides, and shall contain information showing the date of licensure or ordination, or both, of the minister, the name of the denomination, governing body and church, or any of them, with which he is affiliated. [, and the date of incorporation thereof.] Each application shall be accompanied by a copy of the denominational standing of such minister, a copy of which the district judge shall file with the secretary of state.
3. If the judge of the district court approves such application, he shall notify the secretary of state of such approval within 10 days thereafter. After receipt of such notification, the secretary of state shall immediately certify the name of such minister to each county clerk and county recorder in the state.
4. If any minister is disqualified by a judge of the district court from performing marriages, he shall inform the secretary of state of such fact, and the secretary of state shall immediately remove the name of such minister from the list and shall notify each county clerk and county recorder of such fact.
5. A temporary replacement for a licensed or ordained minister certified pursuant to this section may solemnize marriages pursuant to subsection 1 during such time as he may be authorized to do so by a district judge in the county in which he is a temporary replacement, for a period not to exceed 90 days. The minister whom he temporarily replaces shall provide him with a written authorization which shall state the period of time during which it is effective.
________
Assembly Bill No. 138Mr. Pasquale
CHAPTER 144
AN ACT fixing the compensation of county officers of Humboldt County, Nevada; regulating the employment and compensation of deputies and other employees of officers; repealing a certain act; and providing other matters properly relating thereto.
[Approved March 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county officers of Humboldt County, Nevada, their deputies, and other employees that are named in this act shall receive the following salaries in full compensation for all services rendered by them.
κ1960 Statutes of Nevada, Page 221 (CHAPTER 144, AB 138)κ
the following salaries in full compensation for all services rendered by them.
Sec. 2. The district attorney of Humboldt County shall receive an annual salary of $6,000 for all his services as such officer. The district attorney shall be allowed only his actual traveling expenses, while attending to official business of the county or state. No claim for expenses, any part of which pertains to any private matter or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Humboldt County or any governmental agency. He may employ a stenographer, whose annual compensation shall not exceed $1,980 to be paid in like manner as other county officers are paid.
Sec. 3. The sheriff of Humboldt County shall receive an annual salary of $6,000. He shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature; provided, that when it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor and his living expenses while away from the county seat in the discharge of his official duties. He shall also be reimbursed for any and all telegraphic and telephone calls necessary in the discharge of his official duties. He shall present to the board of county commissioners a bill of items of such necessary expenses actually paid, which shall be certified under oath, and the board of county commissioners shall audit and allow the claims in the same manner as other county expenses are audited and allowed. The sheriff of Humboldt County is hereby authorized and empowered to employ one undersheriff, who shall receive an annual salary not to exceed $5,280. The sheriff may appoint one or more special deputies in the event of an emergency at the rate of pay set forth in section 9 of this act.
Sec. 4. The county clerk of Humboldt County and ex officio clerk of the district court of the Sixth Judicial District of the State of Nevada, in and for the County of Humboldt, shall receive an annual salary of $6,000. The county clerk may employ a deputy at a salary not less than $3,660, and not to exceed $3,960 per year unless such deputy is also designated ex officio election clerk, in which event such deputy may receive an additional salary not to exceed $300 per year. The county clerk shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature. If additional office help is required in connection with the county clerks duties as ex officio clerk of the Humboldt County board of commissioners, the rate of pay will be as set forth in section 9 of this act.
Sec. 5. The county recorder of Humboldt County and ex officio auditor shall receive an annual salary of $6,000 as compensation for all his services as such officer. He may employ one deputy at a salary of not less than $3,660 and not to exceed $3,960 per year, and may employ such additional office clerks as may be found necessary at salaries as set forth in section 9 of this act. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
κ1960 Statutes of Nevada, Page 222 (CHAPTER 144, AB 138)κ
Sec. 6. The county assessor of Humboldt County shall receive an annual salary of $6,000, together with the additional sum of $750 per year for travel expense and mileage, which sums shall be paid to him in 12 equal monthly installments. The county assessor may appoint one chief deputy assessor at a salary not to exceed $5,280 per year, and may employ necessary office clerks at salaries set forth in section 9 of this act. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature.
Sec. 7. The county treasurer and ex officio tax receiver of Humboldt County shall receive an annual salary of $6,000, which shall be in full compensation for all services rendered by the county treasurer. The county treasurer may employ a deputy at a salary of not less than $3,660 and not to exceed $3,960 annually. The county treasurer shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
Sec. 8. The county commissioners of Humboldt County shall each receive an annual salary of $2,400, which shall be in full compensation for all services whatsoever required of the commissioners, and shall receive not to exceed 10 cents per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners or the necessary inspection of roads. No mileage allowance shall be made to any commissioner residing at the county seat. It is further provided that the county commissioners shall receive 10 cents per mile for use of private automobiles used on county business. Claims for this mileage must be approved by the board of county commissioners.
Sec. 9. The office clerks employed by the county recorder, county clerk, county treasurer and county assessor of Humboldt County shall receive a salary of not less than $8 per day, but not to exceed $13 per day, such rate of pay to be based on experience and ability of the person so employed. Such rate of pay shall also apply to special deputies for the Humboldt County sheriffs office.
Sec. 10. Chapter 299, Statutes of Nevada 1957, at page 473, entitled An Act fixing the compensation of county officers of Humboldt County, Nevada; regulating the employment and compensation of deputies and other employees of officers; repealing a certain act; and other matters properly relating thereto, approved March 28, 1957, is hereby repealed.
Sec. 11. This act shall become effective July 1, 1960.
________
κ1960 Statutes of Nevada, Page 223κ
Senate Bill No. 125Committee on Banks, Banking and Corporations
CHAPTER 145
AN ACT to amend NRS section 662.020, relating to operating cash, balances and reserves of banks, by changing the method of computing the sum of cash and balances banks are required to have on hand and deleting the provision relating to the reserve requirement for banks which have been made depositaries for the reserves of other banks; and by providing other matters properly relating thereto.
[Approved March 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 662.020 is hereby amended to read as follows:
662.020 1. Each bank doing business under the laws of this state shall have on hand, in cash, such a sum of money as may be determined by the superintendent of banks as necessary to meet the operating requirements of the bank, and, in addition thereto, a sum consisting of balances due from good and solvent banks, selected from time to time with the approval of the superintendent of banks. The total sum of such cash and balances due shall not be less than [15 percent of the total deposits of the bank for the preceding 15 days. But the superintendent of banks, in computing such sum of money, may include as reserve 6 percent of all public deposits secured by a pledge of negotiable securities.
2. Any bank that has been made the depositary for the reserve of any other bank or banks shall have on hand in the manner provided herein 10 percent of such reserve deposits, in addition to the 15 percent mentioned in subsection 1 required of its entire deposits.] 10 percent of demand deposits and 5 percent of time deposits for the preceding 15 days.
[3.] 2. Whenever the available funds in any bank shall be below the required amount, such bank shall not:
(a) Make any new loans or discounts otherwise than the discounting or purchasing of bills of exchange, payable at sight.
(b) Pay or declare any dividends of its profits until the required proportion between the aggregate of its deposits and its lawful money reserves shall have been restored.
[4.] 3. The superintendent of banks shall immediately notify any bank whose lawful money reserve shall be below the amount required to be kept on hand to make good such reserve. If such bank shall fail to do so for a period of 60 days after such notice, it shall be deemed to be insolvent, and the superintendent of banks shall take possession of the same and proceed in the manner provided in this Title relating to insolvent banks.
[5.] 4. The superintendent of banks shall refuse to consider, as a part of a banks reserve, balances due from any bank which shall refuse or neglect to furnish him with such information as he may require from time to time relating to its business with any other bank doing business under this Title, which shall enable him to determine its solvency.
κ1960 Statutes of Nevada, Page 224 (CHAPTER 145, SB 125)κ
business under this Title, which shall enable him to determine its solvency.
[6.] 5. All banks doing a savings bank or trust company business, but which do not transact a commercial banking business, shall be required to keep on hand at all times, in available funds, a sum equal to 10 percent of their deposits, one-half of which may consist of balances due from authorized depositary banks, as provided in NRS 662.240, and which are deemed solvent, and the other one-half thereof in actual cash.
[7.] 6. Any bank subject to the provisions of this Title may become a member of the Federal Reserve bank in the district in which such bank is located, and may then deposit in such Federal Reserve bank any of its available funds, including any part of the reserve required by this Title, and the provisions of this Title limiting the amount that may be deposited by a bank in a depositary bank, and the requirements of this Title relative to the reserve that must be maintained by the depositary bank against such bank deposits, shall not be deemed to apply to such deposit in such Federal Reserve bank.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 124Committee on Banks, Banking and Corporations
CHAPTER 146
AN ACT to amend NRS section 661.020, relating to paid-up capital and surplus of state banks, by adding undivided profits and reserves for losses to such capital and surplus in determining required percentage of total deposit liability; by requiring the superintendent of banks and the state board of finance to include such profits and reserves as part of the capital requirements for a state bank; by deleting provision allowing inclusion of certain cash reserves; and by providing other matters properly relating thereto.
[Approved March 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 661.020 is hereby amended to read as follows:
661.020 1. The paid-up capital, together with the surplus, undivided profits, and reserves for losses of any state bank, shall, subject to the limitations of NRS 661.010, be 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, undivided profits and reserves for losses 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 supervising agencies.
2. The superintendent of banks and the state board of finance [may,] shall, for the purpose of determining [the required amount of capital and surplus] capital requirements for any state bank, include [as] capital [and] , surplus, undivided profits and any reserve for losses, and may include as capital 6 percent of the par value of all United States Government bonds owned by the bank.
κ1960 Statutes of Nevada, Page 225 (CHAPTER 146, SB 124)κ
include [as] capital [and] , surplus, undivided profits and any reserve for losses, and may include as capital 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. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 118Committee on Banks, Banking and Corporations
CHAPTER 147
AN ACT to amend NRS section 665.040, relating to service of copies of a bank examination report on the board of directors of the bank, by requiring the superintendent of banks to serve a copy of such report on the president or secretary of the board of directors of the bank, rather than on each member, and to make copies of such report available to such members.
[Approved March 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 665.040 is hereby amended to read as follows:
665.040 1. Upon the preparation of the report as provided in NRS 665.030, the superintendent of banks shall forthwith serve a copy thereof on [each member] the president or secretary of the board of directors of the bank, and shall make copies available to each member of such board. The superintendent shall thereupon file the report with the state board of finance, together with an affidavit showing service of the same upon [each member] the president or secretary of the board of directors of the bank. Another copy thereof shall be kept on file in the office of the superintendent of banks.
2. Within a reasonable time after the receipt of the report by the state board of finance, the state board of finance shall review the same and, if in the boards judgment the report discloses any violation of the provisions of this Title on the part of the bank, or if it appears from the report that there are certain conditions existing which should be corrected by the bank, the state board of finance shall direct the superintendent of banks to, and he shall forthwith in writing, call the matter to the attention of each member of the board of directors with instructions to correct the condition.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 226κ
Senate Bill No. 117Committee on Banks, Banking and Corporations
CHAPTER 148
AN ACT to amend NRS section 78.770, relating to fees for filing certificate of consolidation or merger, by providing that in computing filing fees upon consolidation of foreign and domestic corporations the new corporation shall be allowed credit for filing fees paid by its constituent corporations; and by providing other matters properly relating thereto.
[Approved March 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.770 is hereby amended to read as follows:
78.770 1. The fee for filing a certificate of consolidation or merger of two or more domestic corporations shall be an amount equal to the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized capital stock of the corporation created by the consolidation or merger and the fee so computed upon the aggregate amount of the total authorized capital stock of the constituent corporations.
2. The fee for filing a certificate of consolidation or merger of one or more domestic corporations with one or more foreign corporations shall be an amount equal to the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized capital stock of the corporation created by the consolidation or merger and the fee so computed upon the aggregate amount of the total authorized capital stock of the constituent corporations which have paid fees as required by NRS 78.760 and 80.050.
3. In no case shall the amount paid be less than $25.
________
Senate Bill No. 89Committee on Judiciary (by request of the Statute Revision Commission)
CHAPTER 149
AN ACT to amend NRS section 14.030, relating to service of process upon foreign associations and private and municipal corporations upon failure to appoint resident agents, by changing the time allowed before service may be made on secretary of state from 15 to 30 days.
[Approved March 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 14.030 is hereby amended to read as follows:
14.030 1. If any such company, association or municipal corporation shall fail to appoint such agent, or fail to file such certificate for [15] 30 days after a vacancy occurs in such agency, on the production of a certificate of the secretary of state showing either fact, which certificate shall be conclusive evidence of the fact so certified to be made a part of the return of service, it shall be lawful to serve such company, association or municipal corporation with any and all legal process by delivering a copy to the secretary of state, or, in his absence, to any duly appointed and acting deputy secretary of state, and such service shall be valid to all intents and purposes.
κ1960 Statutes of Nevada, Page 227 (CHAPTER 149, SB 89)κ
made a part of the return of service, it shall be lawful to serve such company, association or municipal corporation with any and all legal process by delivering a copy to the secretary of state, or, in his absence, to any duly appointed and acting deputy secretary of state, and such service shall be valid to all intents and purposes.
2. In all cases of such service the defendant shall have 40 days (exclusive of the day of service) within which to answer or plead.
3. Before such service shall be authorized, the plaintiff shall make or cause to be made and filed an affidavit setting forth the facts, showing that due diligence has been used to ascertain the whereabouts of the officers of such company, association or municipal corporation, and the facts showing that direct or personal service on, or notice to, such corporation cannot be had.
4. If it shall appear from such affidavit that there is a last-known address of such company, association or municipal corporation, or any known officers thereof, the plaintiff shall, in addition to and after such service on the secretary of state, mail or cause to be mailed to such corporation, or to such known officer, at such address, by registered mail, a copy of the summons and a certified copy of the complaint, and in all such cases the defendant shall have 40 days from date of such mailing within which to appear in the action.
5. This section shall be construed as giving an additional mode and manner of serving process, and as not affecting the validity of any other valid service.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 78Committee on Fish and Game
CHAPTER 150
AN ACT providing for site acquisition and for the construction, design and minimum furnishing of a fish and game headquarters building in Washoe County; specifying the powers and duties of the state board of fish and game commissioners and the state planning board; creating a fund; transferring funds; and providing other matters properly relating thereto.
[Approved March 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The fish and game building fund is hereby created in the state treasury.
Sec. 2. For the support of the state planning board in carrying out the provisions of this act concerning site acquisition, design, construction and minimum furnishing of a fish and game headquarters building in Washoe County in or near the cities of Reno and Sparks, the state board of fish and game commissioners is hereby directed to transfer the sum of $70,000 from the fish and game fund to the fish and game building fund, notwithstanding the provisions of NRS 501.255.
κ1960 Statutes of Nevada, Page 228 (CHAPTER 150, SB 78)κ
Sec. 3. For the purposes of this act, the state board of fish and game commissioners may borrow a sum of money not exceeding $110,000, at a rate of interest not to exceed 6 percent per annum, for a term of not more than 20 years. The proceeds of any such loan shall be deposited in the state treasury to the credit of the fish and game building fund, and may be used by the state planning board for the purposes of this act. The state board of fish and game commissioners may give security for the repayment of any such loan.
Sec. 4. The state board of fish and game commissioners may acquire, by gift, any real property suitable as a site for the fish and game headquarters building, and any such property shall be used as a site therefor if it is deemed advisable and practical by the state planning board.
Sec. 5. The state planning board is hereby charged with the duty of carrying out the provisions of this act relating to site acquisition, design, contract administration, construction, equipment and minimum furnishings provided for in this act.
Sec. 6. The state board of fish and game commissioners and the state planning board shall cooperate in carrying out the provisions of this act. All plans and specifications for the whole or parts of the construction, equipment and minimum furnishings shall be approved by the state board of fish and game commissioners and each contract shall be approved by the attorney general before any such contract may be let.
Sec. 7. The state planning board shall employ competent architects, who in turn shall employ competent structural, mechanical and electrical engineers in preparing plans and specifications. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the fish and game headquarters building herein designated. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of the construction, equipment and minimum furnishings and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 229κ
Senate Bill No. 35Committee on Fish and Game
CHAPTER 151
AN ACT to amend NRS section 503.580, relating to the unlawful setting of traps within 200 feet of a public road or highway, by redefining the term public road or highway.
[Approved March 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 503.580 is hereby amended to read as follows:
503.580 1. For the purposes of this section, a public road or highway shall mean [only such roads or highways as have been designated as such by law or by the board of county commissioners of the county in which they are situated.] :
(a) Highways designated as United States highways.
(b) Highways designated as state highways pursuant to the provisions of NRS 408.285.
(c) Main county roads as defined by paragraph (a) of subsection 1 of NRS 403.170.
2. It shall be unlawful for any person, company or corporation to place or set any steel trap, used for the purpose of trapping animals, larger than a No. 1 Newhouse trap, within 200 feet of any public road or highway within this state.
3. This section shall not be construed so as to prevent the placing or setting of any steel trap inside, along or near a fence which may be situated less than 200 feet from any public road or highway upon privately owned lands.
4. Any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $100, or by imprisonment in the county jail for not less than 10 days nor more than 60 days.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 227Messrs. Parks and Viani
CHAPTER 152
AN ACT to amend an act entitled 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.
[Approved March 12, 1960]
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 375, Statutes of Nevada 1959, at page 578, is hereby amended to read as follows:
κ1960 Statutes of Nevada, Page 230 (CHAPTER 152, AB 227)κ
Section 1. The board of county commissioners of Mineral County is hereby authorized to order the transfer of [$19,000] $20,000 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. This act shall become effective upon passage and approval.
________
Assembly Bill No. 210Messrs. Christensen (Clark), Gibson, Knisley and Evans
CHAPTER 153
AN ACT providing an additional and supplemental appropriation for the support of the Nevada state prison for the fiscal year ending June 30, 1960.
[Approved March 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1960, there is hereby appropriated from the general fund in the state treasury the sum of $8,600 for the support of the Nevada state prison as an additional and supplemental appropriation to that allowed and made by section 39 of chapter 433, Statutes of Nevada 1959.
Sec. 2. The moneys appropriated by section 1 are allocated to the following accounts, shall be in addition to the amounts allocated to the accounts by the 1959-1960 work program as approved and amended by the governor and as effective on January 1, 1960, and shall be used for no purpose other than as indicated:
Drugs....................................................................................................... $1,000
Outside medical care............................................................................... 3,500
Farm supplies........................................................................................... 3,000
Cattle herd improvement........................................................................ 1,100
Sec. 3. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 231κ
Assembly Bill No. 241Ormsby County Delegation
CHAPTER 154
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 12, 1960]
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 348, Statutes of Nevada 1959, at page 523, 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 [$150] $200 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 shall be ex officio city marshal of said Carson City at a salary of [$150] $200 per month.
(d) The district attorney shall be ex officio city attorney at a salary of $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 $100 per month.
Sec. 2. This act shall become effective on the first day of the first month following its passage and approval.
________
κ1960 Statutes of Nevada, Page 232κ
Assembly Bill No. 242Ormsby County Delegation (by request)
CHAPTER 155
AN ACT to amend an act entitled An Act to incorporate Carson City, approved February 25, 1875, as amended.
[Approved March 12, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 31 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 238, Statutes of Nevada 1919, at page 441, is hereby amended to read as follows:
Section 31. No debt shall be created, directly or indirectly, against the city beyond the amount of current revenues of the city, unless such debt shall be a bonded indebtedness incurred in the manner and for the purposes specified by this charter, as amended, or as otherwise specified by applicable statutes; nor shall any contract for supplies of water or gas, or other supplies for the city, or any other contract whatever, made by or on behalf of the city, be of any validity for any period exceeding one year; provided, the [trustees] council of said city shall have power to enter into contracts to lease, rent and acquire any public utility for said city; such contract, however, shall not extend for a term longer than ten (10) years; and provided further, such contracts shall be submitted to and ratified by a majority of the votes cast for and against said question at a special or general city election as provided by law.
Sec. 2. The above-entitled act, being chapter 43, Statutes of Nevada 1875, is hereby amended by adding thereto a new section to be designated section 35 which shall immediately follow section 34 and shall read as follows:
Section 35. (a) The city council shall have the power, in addition to the powers conferred upon the council by this charter, or otherwise, to establish, construct, purchase, otherwise acquire, improve, extend, equip and furnish a waterworks and other water facilities and sites therefor, and to acquire water, water rights, and lands and easements for water purposes, by condemnation, purchase or receipt of donation, or by contract with any corporation, municipality or other public corporation. Notwithstanding any other provision of this charter, the council may, but it need not, submit to the people the resolution or proposal for any purchase or other acquisition. The authorization of bonds, however, shall be as hereinafter provided.
(b) The council shall have the power to issue bonds for such works and facilities (such bonds being hereinafter in this section 35 merely designated the bonds) at one time or from time to time.
(c) The bonds shall be of convenient denominations, shall mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, or otherwise, as the council may elect, commencing not later than 3 years from the date of the bonds and ending not later than 25 years from such date, and shall bear interest at the rate of not more than 7 percent per annum payable semiannually.
κ1960 Statutes of Nevada, Page 233 (CHAPTER 155, AB 242)κ
may elect, commencing not later than 3 years from the date of the bonds and ending not later than 25 years from such date, and shall bear interest at the rate of not more than 7 percent per annum payable semiannually.
(d) 1. Before issuing the bonds the council shall by resolution call for a submission of a question authorizing the issuance of the bonds to the taxpaying electors of the city at a general or special election and shall cause to be published a notice at least once a week, for at least 3 consecutive weeks, by three publications, in some newspaper published and of general circulation within the city. The notice shall state the date of the election, the amount of the proposed bond issue and the maximum interest rate the bonds shall bear. The election shall be conducted and the votes canvassed and announced in all several particulars as in other elections.
2. The term taxpaying elector as used herein means a person who is qualified to vote at regular elections for municipal officers in this city and who, or whose spouse, is obligated at the time of the election as an owner or as a contract purchaser to pay a general tax on real or personal property within the city.
3. If the majority of the votes cast is in favor of the issuance of the bonds, the council shall proceed to issue and sell the bonds in conformity with the provisions of this act.
(e) The bonds shall be publicly sold at not less than their par value.
(f) The council shall provide for the payment of the bonds and the interest thereon at the time of the regular tax levy for state, county and city purposes, by levying an additional tax upon the property, real and personal, within the limits of the city, sufficient to pay the principal of and the interest on the bonds as the same become due. The taxes shall be assessed and collected the same as other taxes paid to the county treasurer and placed in a fund appropriately designated and solely used for the redemption of the principal of and the interest on the bonds and any prior redemption premium due in connection therewith.
(g) The bonds and the interest thereon may be additionally secured by a pledge of all or a part of the revenues derived from the operation of the citys water facilities. In the event the city does not enter into such a pledge the council, nevertheless, may apply such revenues, at its discretion, to the payment of such bonds.
(h) The total bonded indebtedness of the city incurred for water purposes shall at no time exceed an amount equal to 10 percent of the total of the last assessed valuation of taxable property situated within the city.
Sec. 3. 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. 4. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 234κ
Senate Bill No. 14Senator Brown
CHAPTER 156
AN ACT appropriating the sum of $657,600 from the general fund in the state treasury for the purpose of the design, construction and minimum furnishings of a science and technology building at Nevada Southern in Clark County, Nevada; specifying the powers, duties and requirements of the state planning board and the board of regents of the University of Nevada; and providing other matters properly relating thereto.
[Approved March 14, 1960]
Whereas, The Northwest Association of Secondary and Higher Schools, a regional educational accrediting association for the Nevada area, has accredited Nevada Southern as a branch of the University of Nevada for educational service to the people of the southern part of our state; and
Whereas, During the course of its investigation and report thereon the Northwest Association of Secondary and Higher Schools observed that there is a definite lack of facilities and building space at Nevada Southern, resulting in some classes being conducted in public school buildings and precluding attendance of some persons who would otherwise be students at Nevada Southern; and
Whereas, The accreditation heretofore given may be withdrawn unless positive action is taken to alleviate the crowded conditions at Nevada Southern; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the support of the state planning board in carrying out the design, construction and minimum furnishing of a science and technology building at Nevada Southern in Clark County, Nevada, there is hereby appropriated from the general fund in the state treasury the sum of $657,600.
Sec. 2. The state planning board is hereby charged with the duty of carrying out the provisions of this act relating to design, contract administration, construction, equipment and minimum furnishings provided for in this act.
Sec. 3. The board of regents of the University of Nevada and the state planning board shall cooperate in carrying out the provisions of this act. All plans and specifications for the whole or part or parts of the construction, equipment and minimum furnishings shall be approved by the board of regents of the University of Nevada and each contract shall be approved by the attorney general before any such contract may be let.
Sec. 4. The state planning board shall employ competent architects, who in turn shall employ competent structural, mechanical and electrical engineers in preparing plans and specifications. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the science and technology building herein designated. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter.
κ1960 Statutes of Nevada, Page 235 (CHAPTER 156, SB 14)κ
plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of the construction, equipment and minimum furnishings, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical constriction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 67Committee on Judiciary
CHAPTER 157
AN ACT to amend Title 24 of NRS, relating to elections, by creating new chapters relating to the manner of conducting primary and general elections, the exercise of the initiative and referendum, and election of United States Senators and Representatives in Congress and the recall of public officers; to amend NRS sections 244.090, 283.460, 386.250, 386.260, 387.340, 387.360, 387.375, 387.380, 387.535, 387.555, 387.570 and 387.575, relating to meetings of boards of county commissioners, recall of public officers, school trustees and school bond elections, by making internal reference changes required; to repeal chapters 292, 294, 296, 299, 300, 301, 302, 303 and 305 of NRS, relating to primary and general elections, election of United States Senators and Representatives in Congress, the initiative, referendum and recall; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 24 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 2 to 222, inclusive, of this act.
Sec. 2. As used in this Title, unless the context otherwise requires, words shall have the meanings assigned in sections 3 to 48, inclusive, of this act.
Sec. 3. Absent ballot means a ballot voted by a person who expects to be or is absent on election day.
Sec. 4. Absent ballot voter means a registered voter who has received or who has voted an absent voters ballot.
Sec. 5. Active registration means a current registration of a voter in the official register, entitling such voter to vote in the manner provided by this Title.
Sec. 6. Admission authority means a written permission issued to a registered voter by an election board officer signifying that the voter is entitled to be allowed to vote on a voting machine in the precinct or district in which the voter is registered.
κ1960 Statutes of Nevada, Page 236 (CHAPTER 157, SB 67)κ
Sec. 7. Attendant means the election board officer who is authorized to allow registered voters to vote by using the voting machines in the precinct or district in which such officer is appointed.
Sec. 8. Ballot means the printed paper bearing the listing of candidates names, and of questions to be voted upon at an election.
Sec. 9. Ballot label means the cardboard, paper or other material, bearing office titles, names of candidates and statements of questions to be voted upon, which is placed on the front of a voting machine, and which conforms to the ballot.
Sec. 10. Ballot listing means the list of the names of candidates as they appear on the ballot.
Sec. 11. Central committee means either the county or the state authority of a political party.
Sec. 12. Challenge list means a form furnished election board officers to be used in making a record of all challenges.
Sec. 13. Checklist means an alphabetical list of the names of the registered voters in a precinct or district.
Sec. 14. Clerk means the election board officer designated or assigned to make the record of the election in the pollbook, tally list, challenge list and checklist in the precinct or district in which such officer is appointed.
Sec. 15. County clerks register means the record of affidavits of registration kept by the county clerk.
Sec. 16. Diagram means the sample ballot used in precincts or districts where votes are cast on a voting machine.
Sec. 17. District means an area formed by the consolidation of two or more contiguous precincts.
Sec. 18. Election board officer means a person appointed to assist in the conduct of an election.
Sec. 19. Election board register means the record of affidavits of registration provided to election boards.
Sec. 20. Elector means a person who is eligible to vote under the provisions of section 1 of article 2 of the constitution of the State of Nevada.
Sec. 21. Filing officer means the secretary of state, county clerk and any other officer authorized by law to receive designations and declarations of candidacy, certificates and acceptances of nomination or any other nomination papers.
Sec. 22. General election means the election held throughout the state on the 1st Tuesday after the 1st Monday of November in each even-numbered year.
Sec. 23. Independent candidate means a registered voter who has not declared a partisan affiliation in registering to vote, or an elector who has not registered to vote and who has been nominated for a partisan office pursuant to the provisions of this Title.
Sec. 24. Mail means the depositing of printed or written matter in a mailbox or post office for delivery by the United States Post Office Department.
Sec. 25. Model means a device which demonstrates the manner of voting and casting a ballot on a voting machine.
κ1960 Statutes of Nevada, Page 237 (CHAPTER 157, SB 67)κ
Sec. 26. Physical disability means blindness or a physical handicap making it impossible to cast a ballot, but does not include the inability to read or write.
Sec. 27. Political party means a legally constituted organization of electors organized for the purpose of nominating member candidates, on a basic platform derived or adapted from fundamental policies and principles, for election to office in the manner provided by the election laws of this state.
Sec. 28. Pollbook means the form furnished election board officers to be used for recording the names of the registered voters issued ballots, the number on each ballot issued and whether or not such ballots were voted.
Sec. 29. Precinct means the smallest voting area in a political subdivision.
Sec. 30. Primary election means the election on the 1st Tuesday in September at which candidates are nominated for the general election in the same year.
Sec. 31. Protective counter means a numbering device attached to a voting machine which indicates the number of times such machine has been operated.
Sec. 32. Public counter means a numbering device attached to a voting machine which indicates the number of persons voting on such machine during an election.
Sec. 33. Qualified member of a political party means a person who has designated his choice of political party on his registration slip.
Sec. 34. Registered voter means an elector who has completed the procedure prescribed by law for registration as a voter.
Sec. 35. Regular votes means the votes cast by registered voters, except votes cast by absent ballot.
Sec. 36. Roster means the form furnished election board officers to be used for obtaining the signature of each person applying for a ballot.
Sec. 37. Sample ballot means a document distributed by the county clerk upon which is printed a facsimile of a ballot.
Sec. 38. School office means an office filled by a school officer.
Sec. 39. School officers means the regents of the University of Nevada, members of county or state boards of education and school district trustees.
Sec. 40. Service of the United States means the Armed Forces of the United States and the auxiliaries thereof, the United States Coast Guard, the merchant marine service of the United States, civilian employment by the Federal Government beyond the boundaries of the State of Nevada, and religious groups and welfare agencies officially attached to and serving with the Armed Forces of the United States.
Sec. 41. Spoiled ballot means a ballot defaced by a voter and exchanged for a new one.
Sec. 42. Statement of votes cast means the form furnished election board officers to be used for a simplified presentation of the numbers of votes tallied for each candidate and question.
Sec. 43. Tally list or tally book means the forms furnished election board officers to be used in tallying or recording the number of votes cast for each candidate and question on the ballot as such votes are called in counting.
κ1960 Statutes of Nevada, Page 238 (CHAPTER 157, SB 67)κ
election board officers to be used in tallying or recording the number of votes cast for each candidate and question on the ballot as such votes are called in counting.
Sec. 44. Township office is an office filled by a township officer.
Sec. 45. Township officer means a public official elected in a township to serve the township.
Sec. 46. Vote indicator means the device with which votes are indicated for candidates, or for or against questions on voting machines.
Sec. 47. Voting machine booth or voting machine compartment means the enclosure occupied by the voter when voting his ballot on a voting machine.
Sec. 48. Watermark means an identifying design, word, words, syllable, letter or character used to designate official ballots.
Sec. 49. This Title shall be liberally construed to the end that all electors shall have an opportunity to participate in elections and that the real will of the electors may not be defeated by any informality or by failure to substantially comply with the provisions of this Title with respect to the giving of any notice or the conducting of the primary election or the certifying the results thereof.
Sec. 50. 1. On dates set by the respective state central committees, but if no earlier date is set then on the 2nd Tuesday in April, in each year in which a general election is to be held, a county convention of each political party shall be held at the county seat of each county.
2. The county central committee of each political party shall cause notice of the holding of such county convention of its party to be published in one or more newspapers, if any, published in such county, which notice shall be in substantially the following form:
NOTICE OF ........... (NAME OF PARTY) ........... CONVENTION
Notice is hereby given that the County Convention of the .................... Party for .................... County will be held at .................... in ...................., the county seat of the county, at 11 a.m., on ...................., the ...................... day of ..................., 19.....; that at the convention delegates to the ........................... State Convention will be elected, a county central committee to serve for the ensuing 2 years will be chosen, and other party affairs may be considered; that delegates to such county convention shall be chosen at .................... (name of party) .................... mass meetings to be held in each voting precinct in the county on or before the ............. day of ...................., 19.....; and that each of the voting precincts is entitled to the number of delegates specified below after the name of such precinct, as follows:
Name of precinct Number of delegates
............................................................. to ...................................................................
............................................................. to ...................................................................
............... (Name of party)....................................... County
Central Committee of ................................. County, Nevada
By....................................................................... (Its Chairman)
And................................................................... (Its Secretary).
κ1960 Statutes of Nevada, Page 239 (CHAPTER 157, SB 67)κ
Sec. 51. 1. The number of delegates from each voting precinct in each county to the county convention of any political party for such county shall be in proportion to the number of votes cast within such precinct for the partys candidate for Representative in Congress at the then next preceding November election as follows:
Counties casting under 400 votes. In counties in which the total vote cast at such preceding November election for such partys candidate for Representative in Congress has not exceeded 400, each precinct shall have one delegate for each 5 votes, or major fraction thereof, so cast within such precinct.
Counties casting 400-600 votes. In counties in which such total vote so cast has exceeded 400 but has not exceeded 600, each precinct shall have one delegate for each 8 votes, or a major fraction thereof, so cast within such precinct.
Counties casting 600-800 votes. In counties in which such total vote so cast has exceeded 600 but has not exceeded 800, each precinct shall have one delegate for each 10 votes, or major fraction thereof, so cast within such precinct.
Counties casting 800-1,400 votes. In counties in which such total vote so cast has exceeded 800 but has not exceeded 1,400, each precinct shall have one delegate for each 15 votes, or major fraction thereof, so cast within such precinct.
Counties casting 1,400-2,000 votes. In counties in which such total vote so cast has exceeded 1,400 but has not exceeded 2,000, each precinct therein shall have one delegate for each 20 votes, or major fraction thereof, so cast within such precinct.
Counties casting 2,000-3,000 votes. In counties in which such total vote so cast has exceeded 2,000 but has not exceeded 3,000, each precinct therein shall have one delegate for each 30 votes, or major fraction thereof, so cast within such precinct.
Counties casting 3,000-4,000 votes. In counties in which such total vote so cast has exceeded 3,000 but has not exceeded 4,000, each precinct therein shall have one delegate for each 35 votes, or major fraction thereof, so cast within such precinct.
Counties casting over 4,000 votes. In counties in which such total vote so cast has exceeded 4,000, each precinct therein shall have one delegate for each 50 votes, or major fraction thereof, so cast within such precinct.
2. In all counties every precinct shall be entitled to at least one delegate to each county convention.
Sec. 51.1. 1. The county central committee of each political party in each county shall cause a mass meeting of the qualified electors of the party, registered as such, residing in each voting precinct entitled to delegates in the county convention, to be called and held in such precinct on or before the 5th day preceding the dates set by the respective state central committees in each year in which a general election is held, or if no earlier date is set then on or before the 5th day before the 2nd Tuesday in April, and shall cause notice of the time and place of the holding of such meeting to be posted in at least three public places in each precinct at least 5 days prior to the day of such meeting.
κ1960 Statutes of Nevada, Page 240 (CHAPTER 157, SB 67)κ
of the holding of such meeting to be posted in at least three public places in each precinct at least 5 days prior to the day of such meeting.
2. The notice shall specify the number of delegates to the county convention to be chosen at such meeting and shall be published in one or more newspapers, if there be any, published in the precinct.
3. The county central committee shall cause such further notice of such meeting to be given as the conditions existing in the precinct may reasonably require.
Sec. 51.2. 1. At the time and place appointed therefor, such mass meeting shall be convened and organized in each precinct. At the meeting the delegates to which the members of the party residing in the precinct are entitled in the partys county convention shall be elected by ballot. The result of the election shall be certified to the county convention of the party by the chairman and the secretary of the meeting.
2. If any precinct fails to elect delegates to any partys county convention, the county central committee then in office may fill the vacancies from qualified members of the party in such precinct, and the secretary of the county central committee shall certify the same to the county convention.
Sec. 51.3. 1. At a time and date set by the respective state central committees in each year in which a general election is held, or if no earlier date be fixed then on the 2nd Tuesday in April, the delegates so elected to each party county convention shall convene at the place in the county seat designated by the partys county central committee and there organize, elect the delegates to which the qualified electors of the party residing in the county are entitled in the state convention of the party, and also elect the members of the county central committee of their party for the ensuing term. They may also adopt a county platform and take such other action, consistent with the provisions of this chapter, pertaining to the affairs of their party in such county, as they may deem proper.
2. The chairman and the secretary of each county convention shall certify to the state convention the result of the election by the county convention of delegates to the state convention.
Sec. 51.4. The county central committee of a political party to be elected by the county convention of such party shall consist of such number of members as may be determined by the convention, but each voting precinct, entitled to one or more delegates in the convention, shall have at least one committeeman, and no precinct shall have more than three.
Sec. 51.5. The number of delegates to the state convention of each party which shall be chosen at each county convention of such party shall be one delegate for each 100 votes and major fraction thereof cast in the county for the partys candidate for Representative in Congress at the then next preceding November election; but each county shall be entitled to at least one delegate.
Sec. 51.6. If any political party has had no candidate for Representative in Congress at the November election next preceding the selection of delegates to a county or state convention of such party, the number of delegates to which each precinct shall be entitled to a county convention and the number of delegates to which each county shall be entitled at a state convention shall be in the proportions set forth in section 51 and section 51.5 to the vote cast at such next preceding November election, for the partys candidate, if any, for the office of United States Senator.
κ1960 Statutes of Nevada, Page 241 (CHAPTER 157, SB 67)κ
selection of delegates to a county or state convention of such party, the number of delegates to which each precinct shall be entitled to a county convention and the number of delegates to which each county shall be entitled at a state convention shall be in the proportions set forth in section 51 and section 51.5 to the vote cast at such next preceding November election, for the partys candidate, if any, for the office of United States Senator. If such party has had no candidate at such election for the office of United States Senator, then the number of delegates shall be in the proportions set forth in section 51 and section 51.5 to the average vote cast at such election for all the partys candidates for state office, excluding the vote for candidates who have had no opposition.
Sec. 51.7. Each year in which the general state election is to be held, the delegates elected to the state convention of each political party by the several county conventions of such party shall convene on such respective dates as the state central committees of the parties shall designate, or if an earlier date is not designated then on the 2nd Tuesday in May, at the state capital, or at such other place in the state as the state central committee of such party shall designate. The delegates shall there organize, adopt a state party platform, and elect a state central committee for such party for the ensuing term and the chairman thereof.
Sec. 51.8. The state central committee of each political party shall consist of as many qualified electors affiliated with such party as may be determined by the state convention of such party, but there shall be at least one member from each county in the state.
Sec. 51.9. 1. Except as otherwise prescribed in this chapter, the state and county party conventions may each adopt its own rules, and each shall be the judge of the election of its own delegates.
2. In case of the inability of a delegate personally to attend a state or county convention, he may be represented and act by a duly appointed proxy; but no person shall be entitled to act either as a delegate or as a proxy at any convention unless he is a duly qualified elector of the county or precinct which he seeks to represent, nor may he act as a proxy unless he is a member of the same political party as the delegate he represents.
3. Adoption or application of the so-called unit rule of voting, whereby the votes of all delegates from any precinct or precincts, or county or counties, are required to be cast in the manner determined by the majority of delegates from such precinct or precincts, county or counties, and against the protest of a minority of such delegates, in the proceedings of any state or county party convention is prohibited.
Sec. 51.10 1. The state and county central committeemen shall serve for 2 years and until their successors have been elected.
2. Any vacancy in any such committee, or in the offices thereof, including the office of chairman, arising from death, resignation or other cause, shall be filled by the remaining members of the committee.
Sec. 51.11. 1. Each state central committee and each county central committee may elect from its membership an executive committee and shall, except as otherwise provided in this chapter, choose its officers by ballot.
κ1960 Statutes of Nevada, Page 242 (CHAPTER 157, SB 67)κ
committee may elect from its membership an executive committee and shall, except as otherwise provided in this chapter, choose its officers by ballot.
2. Each committee and its officers shall have general charge of the affairs of the party in the state or county, as the case may be, and have the powers usually exercised by such committees and officers thereof, subject to the provisions of this chapter.
Sec. 51.12. 1. In presidential election years, on the call of a national party convention, but one set of party conventions and but one state convention shall be held on such respective dates and at such places as the state central committee of the party shall designate. If no earlier dates are fixed, the state convention shall be held 30 days prior to the date set for the national convention and the county conventions shall be held 60 days prior to the date set for the national convention.
2. Delegates to such conventions shall be selected in the same manner as prescribed in sections 50 to 51.11, inclusive, except as to time, and each convention shall have and exercise all of the power granted it under sections 50 to 51.11, inclusive. In addition to such powers granted it, the state convention shall select the necessary delegates and alternates to the national convention of the party, and, if consistent with the rules and regulations of the party, shall select the national committeeman and committeewoman of the party from the State of Nevada.
Sec. 52. 1. A vacancy occurring in a party nomination for office after a primary election and before a general election may be filled by a candidate designated by the appropriate political party central committee of the county or state, as the case may be.
2. A vacancy occurring in a nonpartisan nomination shall be filled by the person who received the next highest vote for such nomination in the primary. If there is no such person, the vacancy may be filled by filing a petition with the proper filing officer designating a candidate and signed by registered voters equal in number to 5 percent of the total vote cast for Representative in Congress at the last preceding general election in the township, county, district, or state, as the case may be.
3. All designations and petitions provided for in this section shall be filed before 5 p. m. of the 1st Wednesday in October. In each case, the statutory filing fee shall be paid and an acceptance of the nomination or designation shall be filed before 5 p. m. of the 1st Wednesday in October.
Sec. 53. Party candidates for United States Senator and Representative in Congress shall be nominated in the same manner as state officers are nominated.
Sec. 54. 1. Not less than 60 days before a primary or a general election, the county central committee of each political party for each county may recommend to the county clerk of such county three registered voters for each precinct in the county to act as election board officers of the primary or general election in such precinct or district.
2. Subsequent to such date the county clerk may accept recommendations for reserve election board officers for such election.
κ1960 Statutes of Nevada, Page 243 (CHAPTER 157, SB 67)κ
Sec. 55. 1. Before preparing a voting machine for any general election, the county clerk shall mail written notices to the chairmen of the county central committees of at least two of the principal political parties, stating the time and place where such machines will be prepared. At the specified time, one representative of each such political party shall be afforded an opportunity to see that the machines are in proper condition for use in the election. Such representatives shall not interfere with the persons assigned to prepare the machines or assume any of their duties.
2. When a machine has been examined by each representative, it shall be sealed with a numbered metal seal. Each representative shall certify to:
(a) The number of machines;
(b) Whether or not all of the public counters are set at zero; and
(c) The number registered on each protective counter and on each seal.
Sec. 56. 1. Candidates of a political party shall be nominated at the primary election held in accordance with the provisions of this chapter.
2. Nonpartisan and independent candidates for public office shall be nominated in the manner provided in this chapter.
3. This chapter shall not apply to:
(a) Special elections to fill vacancies;
(b) The nomination of the officers of incorporated cities; or
(c) The nomination of district officers whose nomination is otherwise provided for by statute.
Sec. 57. 1. Except as provided in section 52 of this act, no name may be printed on a ballot or a ballot label to be used at a primary election unless the person named has filed a declaration of candidacy, or an acceptance of a candidacy, and paid the fee required by section 63 of this act not later than 5 p. m. of the 3rd Wednesday in July.
2. A declaration of candidacy or an acceptance of a candidacy required to be filed by this section shall be in substantially the following form:
Declaration of Candidacy of ............. for the Office of ....................
|
State of Nevada
County of................................. |
} |
ss. |
For the purpose of having my name placed on the official primary ballot as a candidate for the ......................... Party nomination for the office of ........................., I, the undersigned ........................., do swear (or affirm) that I reside at No. ........, ............... Street, in the City (or Town) of ..............., County of ..............., State of Nevada; that I am a registered voter of the election precinct in which I reside; that I am registered as a member of the ............... Party; that I believe in and intend to support the principles and policies of such political party in the coming election; that if nominated as a candidate of the ......................... Party at the ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for the office if elected thereto.
κ1960 Statutes of Nevada, Page 244 (CHAPTER 157, SB 67)κ
law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for the office if elected thereto.
.......................................................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ....... day of ...............,
19........
...............................................................
Notary Public (or other officer
authorized to administer an oath).
Sec. 58. 1. Ten or more registered voters may, not earlier than the 2nd Monday in June nor later than 5 p. m. on the 2nd Friday in July, file a certificate of candidacy designating any elector as a candidate for nomination for any elective office. When such certificate has been filed, the officer in whose office it is filed shall notify the elector named in such certificate. If the elector named in the certificate files an acceptance of such candidacy and pays the required fee, as provided by law, he shall be a candidate in the primary election in like manner as if he had filed a declaration of candidacy.
2. If any such certificate of candidacy relates to a partisan office, all of the signers shall be of the same political party as the candidate designated, unless such candidate is an independent candidate. Any registered voter may sign candidacy papers for an independent candidate.
Sec. 59. If the last day limited for filing any paper mentioned in this Title shall fall on a Saturday, Sunday, legal holiday or any holiday proclaimed by the governor, then the period so limited shall expire on the preceding business day at 5 p. m.
Sec. 60. The declaration of candidacy, the certificate of candidacy, and the acceptance of candidacy shall be filed during regular office hours, as follows:
1. For United States Senator, Representative in Congress, state offices and all other offices whose districts comprise more than one county, with the secretary of state.
2. For district offices voted for wholly within one county, state senators, assemblymen, county and township officers, with the county clerk.
Sec. 61. 1. On or before the 4th Monday in July, the secretary of state shall transmit to each county clerk a certified list containing the name and mailing address of each person for whom candidacy papers have been filed in the office of the secretary of state, and who is entitled to be voted for in such county at the next succeeding primary election, together with the title of the office for which such person is a candidate and the party or principles he represents.
2. There shall be a party designation only for candidates for partisan offices.
Sec. 62. Immediately following the primary election at which candidates are nominated for any public office, the secretary of state shall certify to each county clerk the name of each person nominated and the title of the office for which he is nominated.
κ1960 Statutes of Nevada, Page 245 (CHAPTER 157, SB 67)κ
certify to each county clerk the name of each person nominated and the title of the office for which he is nominated.
Sec. 63. 1. Fees as listed in this section for filing declarations of candidacy or acceptances of candidacy shall be paid to the filing officer.
United States Senator.............................................................................. $250
Representative in Congress...................................................................... 150
Governor...................................................................................................... 150
Justice of the supreme court..................................................................... 150
Any state office, other than governor or justice of the supreme court ........................................................................................................ 100
Any district office........................................................................................ 75
Any county office........................................................................................ 40
State senator................................................................................................. 30
Assemblyman............................................................................................... 15
Justice of the peace, constable or other town or township office ........................................................................................................ 10
2. No filing fee shall be required from a candidate for an office the holder of which receives no compensation.
Sec. 64. 1. Judicial offices, school offices, members of county game management boards, members of the state board of fish and game commissioners and members of boards of hospital trustees of public hospitals are hereby designated nonpartisan offices.
2. No words designating the party affiliation of a candidate for nonpartisan offices shall be printed upon the ballot and ballot label.
Sec. 65. In any judicial district of this state having more than one district judge, each department shall be a separate office for the purposes of nominating and electing the district judge thereof.
Sec. 66. 1. Independent candidates for partisan office shall qualify by filing with the proper filing officer a certificate of candidacy signed by a number of registered voters equal to at least 5 percent of the total number of voters who voted at the last preceding general election in the state, district or political subdivision for which the certificate is made, but no such certificate may contain the signatures of less than five registered voters.
2. Each signer shall add to his signature his place of residence. One of the signers of each such certificate shall sign an affidavit attesting that the signatures on the certificate are genuine to the best of his knowledge and belief.
3. Such certificate of candidacy may state the principle, if any, which the person qualified represents.
4. Certificates of candidacy provided for in this section for officers to be voted for by the registered voters of the entire state or by districts composed of two or more counties shall be filed with the secretary of state and all other such certificates of candidacy shall be filed with the clerk of the county wherein the officers are to be voted for.
5. Certificates of candidacy provided for in this section shall be filed not earlier than the 2nd Monday in June and not later than 5 p. m. on the 2nd Friday in July.
κ1960 Statutes of Nevada, Page 246 (CHAPTER 157, SB 67)κ
6. No certificate of candidacy, provided for in this section, may contain the name of more than one candidate for each office to be filled.
7. Independent candidates in a contest for nomination for any office shall be considered nonpartisan candidates for the purpose of submitting their names to the vote of electors.
Sec. 67. 1. Immediately upon receipt by the county clerk of the certified list of candidates from the secretary of state, the county clerk shall publish a notice of primary election in a newspaper of general circulation in the county once a week for two successive weeks. If no such newspaper is published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice shall contain:
(a) The date of the election.
(b) The location of the polling places.
(c) The hours during which the polling places will be open for voting.
(d) The names of the candidates.
(e) A list of the offices to which the candidates seek election.
2. The county clerk shall forward to each justice of the peace, except those in incorporated cities, within the county one written or printed notice for each precinct or voting district. It shall be the duty of each justice of the peace to whom such notice is delivered to post the same in a public place in the precinct or voting district at least 15 days prior to the date of the primary.
Sec. 68. On or before the 1st Wednesday in July, upon request of the county clerk, the board of county commissioners in each county shall establish election precincts, define the boundaries thereof, abolish, alter, consolidate and designate precincts as public convenience, necessary and economy may require in accordance with sections 69 to 72, inclusive, of this act.
Sec. 69. Election precincts shall be established on the basis of the numbers of voters therein with a maximum limitation of no more than 400 voters per precinct.
Sec. 70. No new precinct may be established except upon petition of 10 or more electors, permanently residing in the area sought to be constituted a precinct, stating that they reside more than 10 miles from any polling place in the county, unless it appears to the satisfaction of the county clerk that not less than 50 electors reside in the area in which event the precinct may be established without regard to the distance which the electors reside from another polling place or precinct.
Sec. 71. 1. Whenever there were not more than 20 voters registered in a precinct for the last preceding general election, the county commissioners may establish such precinct as a mailing precinct, and shall forthwith mail notification to the deputy registrar for such precinct.
2. The county clerk in any county where an absent ballot central county board is appointed may abolish two or more existing mailing precincts and combine such mailing precincts into absent ballot precincts and such precincts shall be designated absent ballot mailing precincts.
κ1960 Statutes of Nevada, Page 247 (CHAPTER 157, SB 67)κ
3. In any county where an absent ballot central counting board is appointed, any established precinct which had less than 200 ballots cast at the last preceding general election, or any newly established precinct with less than 200 registered electors, may be designated an absent ballot mailing precinct.
4. When any precinct contains more than 800 registered voters within its boundaries, the area shall be divided into separate precincts.
Sec. 72. In any county where voting machines are used, the county clerk may combine the election precincts to which voting machines are assigned and designate them as voting machine districts, and appoint election boards to serve such districts. The area of any such voting machine district shall be limited by the ballot listing which allows the largest area to be included in such voting machine district.
Sec. 73. The county clerk of each county shall appoint and notify registered voters to act as election board officers for the various precincts and districts in the county as provided in sections 74 to 84, inclusive, of this act, and shall conclude such duties no later than 31 days preceding the election. Not all of the registered voters appointed as election board officers for any precinct or district shall be of the same political party. Immediately after election board officers are appointed, the board of county commissioners shall:
1. Appoint a deputy sheriff for each polling place in the county and for the central election board or the absent ballot central counting board; or
2. Deputize as a deputy sheriff for the election an election board officer of each polling place in the county and for the central election board or the absent ballot central counting board. The deputized election board officer shall receive no additional compensation for his services rendered as such deputy sheriff during the election for which he is deputized. Deputy sheriffs so appointed and deputized shall preserve order during hours of voting and attend closing of the polls.
Sec. 74. Upon selection of persons to act as election board officers in the county, the county clerk shall deliver, by mail or other means, notifications of such appointments to such persons.
Sec. 75. If any person appointed to serve as an election board officer is unwilling to serve as appointed, he shall notify the county clerk within 5 days after receipt of such notification that he is unwilling to serve, whereupon the county clerk shall appoint some other registered voter to serve at such election.
Sec. 76. 1. Members of election boards shall continue as such from the time of preparation for opening the polls until the time for filing contests of the election has expired.
2. Each member of an election board shall be subject to call by the board of county commissioners for the purpose of correcting any errors discovered during the canvass of votes by the board of county commissioners.
3. Reserve election board officers shall be appointed by the county clerk, if practicable, for the purpose of filling any vacancy which occurs on election day and such reserve officers shall be compensated if they serve at the polls.
κ1960 Statutes of Nevada, Page 248 (CHAPTER 157, SB 67)κ
4. If a vacancy occurs in any election board on election day and no reserves are available, such election board may appoint, at the polling place, any registered voter who is willing to serve and satisfies such election board that he possesses the qualifications required to perform the services required.
Sec. 77. 1. In any precinct or district where ballots are used, the election board shall consist of five members, one of whom shall be designated chairman. Such boards shall make the records of election required by this chapter.
2. The county clerk shall conduct or cause to be conducted, at least 5 days prior to the date of the election for which the boards are appointed, a school for the chairmen for the purpose of acquainting such chairmen with the election laws, duties of election boards, the rules and regulations of the secretary of state and with the procedure for making the records of election and using the register for election boards.
3. Each chairman shall instruct his board before election day.
Sec. 78. 1. In precincts or districts where there are less than 200 registered voters, the election board shall perform all duties required from the time of preparing for the opening of the polls through delivering the supplies and result of votes cast to the county clerk.
2. Except as provided in section 80 of this act, one election board shall be appointed by the county clerk for all mailing precincts within the county, and shall be designated the central election board. The county clerk shall deliver the mailed ballots to such board in his office and the board shall count the votes on such ballots in the manner required by law.
Sec. 79. In each precinct or district where there are 200 or more registered voters, the county clerk shall appoint two election boards and designate one the voting board and the other the counting board. The officers of the counting board shall count the votes and make the record of the votes. The voting board shall account for the records at the time the polls are closed and deliver to the counting board the ballot box containing the voted ballots and all other books and supplies in their possession. Upon such delivery, the counting board shall perform their duties as required by law. The time of service for the counting board shall be from the closing of the polls through the returning of the supplies and the result of votes cast to the county clerk.
Sec. 80. 1. When it appears to the satisfaction of the county clerk that an absent ballot central counting board will expedite the work of tallying the absent ballot vote of the county, he may appoint such a board.
2. In counties where an absent ballot central counting board has been appointed, no central election board may be appointed. The absent ballot central counting board shall perform the duties of the central election board.
Sec. 81. 1. In each county where voting machines are used, the election board for each precinct or district with one voting machine shall consist of not less than three members, two of whom shall act as clerks to record the application and polling of registered voters.
κ1960 Statutes of Nevada, Page 249 (CHAPTER 157, SB 67)κ
shall consist of not less than three members, two of whom shall act as clerks to record the application and polling of registered voters. The third shall act as an attendant to admit registered voters to vote on the machine. Where more than one voting machine is used, there shall be appointed an additional attendant for each additional machine.
2. No member of an election board, in a precinct or district where a voting machine is used, may serve in any election unless he has received instruction relating to the operation of voting machines, and has received certification from the county clerk to that effect.
3. This section shall not prevent the appointment and service of a member of the precinct or district election board to fill a vacancy in an emergency.
4. Such election boards shall perform all the duties required from the time of preparing for the opening of the polls through delivering the supplies and results of votes cast to the county clerk.
Sec. 82. In precincts and districts where both voting machines and ballots are used, one additional officer shall be appointed to the precinct or district election board and shall be assigned to issue the ballots.
Sec. 83. 1. In counties where voting machines are used, the county clerk shall appoint one or more absent ballot central counting boards to count the absent ballot votes cast by the registered voters in such county, as received in the mails by the county clerk or voted in person at his office.
2. Such counting board shall consist of four or more election board officers appointed in such numbers as the county clerk determines to be required by the volume of absent ballots requested.
3. The county clerks deputies who perform duties in connection with elections shall be considered officers of the absent ballot central counting board.
4. The board of county commissioners shall appoint a deputy sheriff to keep order during such counting boards counting of the absent ballot votes.
5. The counting of the absent ballot votes shall be in public.
6. Such counting board shall be under the direction of the county clerk.
7. Members of the absent ballot central counting board shall begin the performance of their duties no later than when the polls open, and shall continue in session until all the votes cast on absent voters ballots are counted.
Sec. 84. When the county clerk of a county determines it necessary to cause any precincts in the county to be designated absent ballot mailing precincts, such precincts ballots shall be placed by the central election board, or the absent ballot central counting board, in the proper absent ballot mailing precinct ballot box.
Sec. 85. 1. The secretary of state shall promulgate rules and regulations, not inconsistent with the election laws of this state, for the conduct of primary and general elections in all counties.
2. Such regulations shall prescribe:
(a) The duties of election boards;
κ1960 Statutes of Nevada, Page 250 (CHAPTER 157, SB 67)κ
(b) The type and amount of election supplies;
(c) The manner of printing ballots and the number of such ballots to be distributed to precincts and districts;
(d) Standards for voting machines;
(e) The manner of preparing, inspecting and placing voting machines;
(f) The disposition and custody of voting machines, voting machine keys, and voting booths;
(g) The method to be used in distributing ballots to precincts and districts;
(h) The method of inspection and the disposition of ballot boxes;
(i) The form and placement of instructions to voters;
(j) The recess periods for election boards;
(k) The size, lighting and placement of voting booths;
(l) The amount and placement of guardrails and other furniture and equipment at voting places;
(m) The disposition of election returns; and
(n) Such other matters as determined necessary by the secretary of state.
3. The secretary of state shall prepare and distribute to county clerks the election officers digest and instructions for election boards.
Sec. 86. The secretary of state shall, in a manner not inconsistent with the election laws of this state, prescribe the form of all ballots, absent ballots, diagrams, sample ballots, ballot labels, voting machine labels, certificates, notices, declarations, affidavits, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.
Sec. 87. 1. The secretary of state shall provide each county clerk with copies of any proposed constitution, constitutional amendment or question on or before the 1st Monday in August of the year in which such constitution, amendment or question will appear on the general election ballot.
2. On or before the 4th Friday in October, each county clerk shall post one such copy at each polling place in the county outside the limits of incorporated cities.
3. Each county clerk shall cause a copy of any such constitution, amendment or question to be published in a newspaper of general circulation in the county three times at 10-day intervals, the first publication to be on or before the 1st Monday in October. If no such newspaper is published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county.
Sec. 88. Each county clerk, as registrar of voters, shall issue certificates of error to registered voters whose affidavits of registration have been misplaced or for some other reason do not appear in the election board register at the polling place on election day. The county clerk shall seal the certificate in an envelope addressed to the appropriate precinct or district election board.
Sec. 89. 1. There shall be a separate primary ballot for each political party and a separate nonpartisan primary ballot.
κ1960 Statutes of Nevada, Page 251 (CHAPTER 157, SB 67)κ
2. The names of candidates for partisan offices who have designated a political party in the declaration of candidacy or acceptance of nomination shall appear on the primary ballot of the political party designated.
3. The names of candidates for non-partisan offices shall appear on all political party primary ballots and ballot labels and on nonpartisan ballots and ballot labels.
4. The names of independent candidates for partisan offices shall appear on nonpartisan ballots only.
5. The names of candidates for township and assembly district offices shall be printed only on the ballots and ballot labels furnished to voters of such township or district.
Sec. 90. 1. Where there is no contest for nomination to a particular office, neither the title of the office or the name or names of the candidates shall appear on the ballot.
2. If only one political party has candidates for an office or offices for which there is no independent candidate, the candidates of such party who receive the highest number of votes at such primary, not to exceed twice the number to be elected to such office or offices at the general election, shall be declared the nominees for the office or offices.
3. Where no more than the number of candidates to be elected have filed for nomination for any office, the names of such candidates shall be omitted from all primary election ballots and placed on all general election ballots.
Sec. 91. On political party primary ballots the name of the particular political party shall appear at the top of the ballot and the designation Candidates for partisan office shall appear under the party name. Following this designation shall appear the names of candidates grouped alphabetically under the title of the partisan office for which such candidates filed. Following the names of candidates for partisan offices shall appear the designation Candidates for nonpartisan offices and the names of candidates grouped alphabetically under the title of the nonpartisan office for which such candidates filed.
Sec. 92. On nonpartisan primary ballots there shall appear at the top of the ballot the designation Candidates for nonpartisan offices. Following this designation shall appear the names of candidates grouped alphabetically under the title of the nonpartisan office for which such candidates filed. Following the names of candidates for nonpartisan offices shall appear the designation Independent candidates for partisan offices and the names of candidates grouped alphabetically under the title of the partisan office for which such candidates filed.
Sec. 93. 1. General election ballots shall contain the names of candidates who were nominated at the primary election.
2. At the top of the general election ballot shall appear the designation Candidates for partisan office. Under such designation shall appear the names of the nominated candidates grouped alphabetically under the title of the partisan office for which such candidates filed.
3. Following the names of candidates for partisan offices shall appear the designation Candidates for nonpartisan offices and the names of the nominated candidates grouped alphabetically under the title of the nonpartisan office for which such candidates filed.
κ1960 Statutes of Nevada, Page 252 (CHAPTER 157, SB 67)κ
names of the nominated candidates grouped alphabetically under the title of the nonpartisan office for which such candidates filed.
4. Immediately following the name of each candidate for a partisan office shall appear the name of his political party or the word independent, as the case may be.
Sec. 94. Voting at any primary or general election shall be on printed ballots or voting machine ballot labels.
Sec. 95. 1. Except as provided in subsections 2 and 3 and section 108 of this act, at all elections held under the provisions of this Title, the polls shall open at 8 a. m. and close at 6 p. m.
2. In counties having more than 25,000 registered voters the polls shall open at 7 a. m. and close at 7 p. m.
3. Whenever at any election all the votes of the precinct or district, as shown on the checklist and roster, have been cast, the election board officers shall close the polls, and the counting of votes shall begin and continue without unnecessary delay until the count is completed.
4. Upon opening the polls one of the election board officers shall cause a proclamation to be made that all present may be aware of the fact that applications of registered voters to vote will be received.
5. No person other than election board officers engaged in receiving, preparing or depositing ballots, or issuing voting machine admission authorities, may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary for the purpose of keeping order and carrying out the provisions of this Title.
Sec. 96. No election board may perform its duty in serving registered voters at any precinct or district polling place in any election provided for in this Title, unless it has before it the election board register for its precinct or district.
Sec. 97. 1. No person may vote at any election unless his name, on the day of election, appears on the election board register furnished by the county clerk to the precinct or district election board, or unless such person presents a certificate of error issued by the county clerk.
2. If a persons name appears in the election board register or on a certificate of error, such person is entitled to vote, and he shall sign his name in the precinct or district roster when he applies to vote. Such signature shall be compared by an election board officer with that on his original affidavit of registration or certificate of error.
Sec. 98. When a certificate of error stating the precinct or district in which a person is entitled to vote, and containing the signature of such person, is presented to the election board in such precinct or district and the person votes, the certificate shall be marked Voted by the election board and returned with the precinct or district election board register to the county clerk.
Sec. 99. Registered voters who are unable to sign their names shall be identified by answering questions covering the personal data which is reported on the original affidavit of registration. The officer in charge of the roster shall stamp, write or print Identified as to the left of the voters name.
κ1960 Statutes of Nevada, Page 253 (CHAPTER 157, SB 67)κ
Sec. 100. 1. A registered voter applying to vote shall state his name to the election board officer in charge of the election board register and such officer shall immediately announce the name and take the registered voters signature. After a registered voter is properly identified at a polling place where ballots are used, one ballot correctly folded shall be given to such voter and the number of such ballot shall be written by an election board officer upon the pollbook, opposite the name of the registered voter receiving the ballot.
2. In pollbooks in which voters names have been entered, election officers may indicate the application to vote without writing the name.
3. Where voting machines are used, an admission authority rather than a ballot shall be issued to the registered voter, and the same procedure as in the case of a ballot shall be followed so far as practicable. Such admission authority shall entitle the registered voter to vote on a voting machine.
4. No registered voter may enter any voting machine compartment until the machines attendant ascertains that such voter is entitled to vote by his presentation of an admission authority. Before admitting such voter to the compartment, the attendant shall inform him how to operate the machine and illustrate by use of the diagram or model. If any such voter, after entering the voting machine compartment, asks for information regarding the operation of the voting machine, the attendant shall give him the necessary information.
Sec. 101. 1. A registered voter applying to vote at any primary election shall give his political affiliation, if any, to the election board officer in charge of the election board register, and such officer shall immediately announce the name and political affiliation.
2. Any persons right to vote may be challenged by any registered voter upon any of the grounds allowed for a challenge in section 107 of this act or on the ground that the person applying does not belong to the political party designated upon the register, or that the register does not show that he designated the political party to which he claims to belong.
3. Any such challenge shall be disposed of in the manner provided by section 107 of this act.
4. When the election board is satisfied as to the name, political affiliation and identity of the registered voter, the board shall issue the proper party or nonpartisan ballot or admission authority.
Sec. 102. 1. On receiving a ballot or admission authority, the registered voter shall retire to a booth or voting machine compartment. Except as provided in subsection 2, only one person may occupy a booth or compartment at one time, and no registered voter may remain in a booth more than 10 minutes or in a compartment more than 2 minutes. If any elector refuses to leave the booth or compartment after the lapse of the prescribed time, he shall be removed by the deputy sheriff.
2. Any registered voter who declares under oath that by reason of physical disability he is unable to mark a ballot or use a voting machine, shall, at his request, be given assistance in stamping the ballot or using the voting machine by any registered voter he may designate, other than an election officer.
κ1960 Statutes of Nevada, Page 254 (CHAPTER 157, SB 67)κ
or using the voting machine by any registered voter he may designate, other than an election officer. The same registered voter may not assist more than one other registered voter.
Sec. 103. 1. The voter shall mark his ballot in no other manner than by stamping a cross (X) in the square following the name of the candidate for whom he intends to vote for each office, except that in a general election, at which the names of candidates for President and Vice President of the United States are on the ballot, followed by the designation of their party, one vote for the party designated shall constitute a vote for such partys candidates for President and Vice President.
2. If a proposed constitutional amendment or other question is submitted to the registered voters, the cross shall be placed in the square following the answer which the voter chooses to give.
3. Before leaving the booth, the voter shall fold his ballot in such a manner that the watermark and the number of the ballot appear on the outside, without exposing how he voted, and shall keep it so folded until he has delivered it to the officer from whom he received it, who shall announce the name of the voter and the number of the ballot in an audible voice.
4. The election board officer who is in charge of the pollbook shall, if he finds the number to agree with the number of the ballot issued to the voter, repeat the name and number, and mark in the column opposite the name and number the word Voted, or a character indicating the word Voted.
5. The election board officer who receives the voted ballot shall separate from the ballot the strip bearing the number and shall deposit the ballot in the ballot box in the presence of the voter.
6. No ballot may be deposited in the ballot box unless the watermark appears thereon, and until the slip containing the number of the ballot has been removed therefrom by the election board officer. The strip bearing the number may be destroyed or given to the voter.
7. When a voter has cast his vote on a voting machine, the attendant shall inspect the face of the machine to see that the ballot label is in its proper place, that no printed matter has been placed in the compartment, and that no other act has been performed which might interfere with subsequent votes.
Sec. 104. Each county clerk may provide for the marking of ballots with a pencil which will enable the votes to be counted on an electronic tabulator. If such a procedure is adopted in any precinct or district within the county, the county clerk may also order that, in lieu of counting at the polls, the ballots shall be transmitted to a central counting place where the vote shall be counted and tabulated by electronically operated machines.
Sec. 105. 1. Any voter who spoils his ballot may return such spoiled ballot to the election board and receive another in its place.
2. The election board officers shall indicate in the pollbook that such ballot is spoiled and shall enter the number of the ballot issued in its place.
κ1960 Statutes of Nevada, Page 255 (CHAPTER 157, SB 67)κ
3. Each spoiled ballot returned shall be canceled by writing the word Canceled across the face of the ballot. A record shall be made of such canceled ballots at the closing of the polls and before counting. Such ballots shall be returned to the county clerk with the election supplies and the ballots not issued to voters.
Sec. 106. A voter who does not vote the ballot delivered to him shall, before leaving the polling place, return such ballot to the election board and it shall be canceled in the same manner as a spoiled ballot.
Sec. 107. 1. A person applying to vote may be challenged orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed, or has voted before on the same day, or on any other ground provided for in this Title.
2. If a person is challenged orally, the election board shall tender him the following oath or affirmation: Do you swear (or affirm) that you are the person whose name is on the affidavit of registration in this precinct register.
3. If such person refuses to take the oath so tendered, or if any person is otherwise successfully challenged, such person shall not be issued a ballot or admission authority, and the officer in charge of the election board register shall write the words Challenged ..................................... on the back of such persons affidavit of registration.
4. The election board officers shall record the success of the challenge on the challenge list, and the election board officer in charge of the checklist shall indicate next to the name of the challenged person that such person was challenged successfully.
5. When a challenge is unsuccessful, the challenged person shall be issued a ballot or an admission authority and shall be allowed to vote. The election board officers shall record the unsuccessful challenge on the challenge list.
6. In all cases of challenge the decision shall rest with the election board by majority vote.
7. The election board officers may test the qualifications of the challenged person by asking any relevant question which such officers consider necessary to arrive at a decision.
8. Answers shall be given under oath and compared with the statements on the questioned persons affidavit of registration.
9. The election board officers may refuse to allow a challenged person to vote without further proceedings unless he brings registered voters of the county to be examined under oath as to the qualifications of the challenged person.
10. When the affidavit of registration of a person applying to vote has an affidavit of challenge attached, the officer in charge of the election board register shall cause such challenge to be executed before all the election board officers in the same manner as if such person were challenged orally at the polling place. After such execution, the election board shall proceed to decide in the manner provided in this section for oral challenges.
κ1960 Statutes of Nevada, Page 256 (CHAPTER 157, SB 67)κ
Sec. 108. 1. If at the hour of closing the polls there are any registered voters waiting to vote, the doors of the polling place shall be closed after all such voters have been admitted to the polling place. Voting shall continue until such voters have voted.
2. The deputy sheriff shall allow other persons to enter the polling place after the doors have been closed for the purpose of observing or other legitimate purpose if there is room within the polling place and such admittance will not interfere unduly with the voting.
Sec. 109. After the last person entitled to vote has voted, the voting board, before adjourning, shall put the records and the account of ballots in order for the counting board.
Sec. 110. A registered voter who requests and receives an absent voters ballot may vote only by absent ballot at the election for which such absent ballot was issued.
Sec. 111. 1. Any registered voter may vote an absent ballot as provided in this chapter if, on the day of voting at any general or primary election, he is or expects to be:
(a) Absent from the precinct or district in the county of his residence because of the nature of his vocation, business or any other unavoidable cause.
(b) Unable, because of illness or physical disability, to go to the polling place; or
(c) In the service of the United States.
2. The spouses and dependents of any voter referred to in subsection 1 may vote in the same manner as such voter if, by reason of the services of such voter, they are required to reside beyond the boundaries of the state.
Sec. 112. In any year in which a general election is to be held, a registered voter referred to in section 111 of this act may, after the 1st Monday in June and before 5 p. m. on the 4th Thursday in August or after the 1st Tuesday in September and before 5 p. m. on the 4th Tuesday in October if he is within the continental limits of the United States, or before 5 p. m. on the 3rd Thursday in August and on the 3rd Tuesday in October if he is outside the limits thereof, make application in person, by mail or by telegram to the county clerk of the county in which his precinct or district is situated, for an absent voters ballot.
Sec. 113. Absent ballots received by the county clerk after the polls are closed on the day of election are invalid.
Sec. 114. The county clerk shall determine before issuing an absent ballot that the person making application is a registered voter in such county.
Sec. 115. 1. If the request for an absent ballot is made by mail or telegram, the county clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to such absent ballot voter by air mail, postage prepaid, an absent ballot, a return envelope, a ballot marking stamp, a stamp pad and instructions.
κ1960 Statutes of Nevada, Page 257 (CHAPTER 157, SB 67)κ
2. Nothing may be enclosed or sent with such ballot except as required by subsection 1.
3. Before depositing such ballot in the mails, the county clerk shall record the date such ballot is issued, the name of the registered voter to whom issued, his precinct or district, political affiliation, if any, the ballot number and any remarks he finds appropriate.
Sec. 116. 1. Except as provided in subsection 2, when an absent ballot is returned by a registered voter to the county clerk through the mails, and record thereof is made in the absent ballot record book, the county clerk shall deliver, or cause to be delivered, such ballot to the precinct or district election board.
2. If the board of county commissioners has appointed an absent ballot central counting board, the county clerk shall, upon receipt of each absent voters ballot, make a record of the return, check the signature on the return envelope against the original signature of the voter on the county clerks register, and mark opposite the voters name on the pollbooks the letter AB to indicate the elector has voted by absent ballot.
3. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box.
4. On election day the county clerk shall deliver such ballot box to the absent ballot counting board to be counted.
Sec. 117. 1. If the request for an absent ballot is made by a registered voter in person, the county clerk shall, in counties where voting machines are used for voting absent ballots:
(a) Issue a ballot to the voter to be voted on the premises of such clerks office and shall follow the same procedure as in the case of absent ballots received in the mail; or
(b) Issue to such voter an admission authority to the voting machine which has the proper ballot listing required for such voter. When such voter has indicated his vote on the voting machine, the proper record shall be made in the pollbook and roster, or the record book incorporating poll and roster book, showing that such voter has voted an absent ballot.
2. In all other counties, the county clerk shall issue an absent ballot to the registered voter, and such ballot shall be voted on the premises of such clerks office and returned to the clerk. The clerk shall follow the same procedure as in the case of absent ballots received by mail.
Sec. 118. 1. When an absent voter receives his ballot, he shall stamp and fold his ballot in accordance with the instructions, deposit it in the return envelope, seal the envelope and affix his signature on the back of the envelope in the space provided therefor. The return envelope shall be mailed by such absent voter, postage prepaid.
2. If the absent voter who has received a ballot by mail applies to vote such ballot in person at the county clerks office, he shall stamp the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the county clerk.
κ1960 Statutes of Nevada, Page 258 (CHAPTER 157, SB 67)κ
Sec. 119. 1. On the day of election, the precinct or district election boards receiving the absent voters ballots from the county clerk shall, in the presence of a majority of the election board officers, deposit the ballots in the ballot box in the following manner:
(a) The name of the voter, as shown on the return envelope, shall be called and checked as if the voter were voting in person; and
(b) The signature on back of the return envelope shall be compared with that on the original affidavit of registration.
2. If the board determines that the absent voter is entitled to cast his ballot, the envelope shall be opened, the numbers on the ballot and envelope compared, the number strip torn off the ballot, and, if the numbers are the same, the ballot deposited in the regular ballot box.
3. The election board officers shall mark in the pollbook opposite the name of the voter the word Voted.
Sec. 120. When all absent ballots delivered to precinct or district election boards have been either voted or rejected, the empty envelopes and the envelopes containing rejected ballots shall be returned to the county clerk. On all envelopes containing rejected ballots the cause of rejection shall be noted and the envelope signed by a majority of the officers of the election board.
Sec. 121. The provisions of this chapter shall not be construed to prohibit any registered voter who has applied for, but not received, an absent ballot from communicating such fact to the county clerk, receiving a certificate of error and voting in person on election day.
Sec. 122. 1. In counties in which an absent ballot central counting board is appointed the county clerk shall provide a ballot box in his office for each different ballot listing in the county.
2. On each such box there shall appear a statement indicating the precincts and district for which such box has been designated.
3. Each absent ballot voted shall be deposited in a ballot box according to the precinct or district of the absent voter voting such ballot.
Sec. 123. 1. A registered voter who resides in an election precinct in which there were not more than 200 voters registered for the last preceding general election, or in a precinct in which it appears to the satisfaction of the county clerk that there are not more than 200 registered voters, may vote at primary and general elections in the manner provided in sections 124 to 130, inclusive, of this act.
2. Whenever the county clerk has designated a precinct as a mailing precinct, registered voters residing in such precinct may vote at primary and general elections in the manner provided in sections 124 to 130, inclusive, of this act.
Sec. 124. Any registered voter who resides in an election precinct where there are not more than 200 voters, may, after the 1st Monday in June and before 5 p. m. on the 4th Thursday in August or after the 1st Tuesday in September and before 5 p. m. on the 4th Tuesday in October of any year in which a general election is to be held, make application in person or by mail to the county clerk of the county in which his precinct is situated for an official mailing ballot to be voted by him at such election.
κ1960 Statutes of Nevada, Page 259 (CHAPTER 157, SB 67)κ
Sec. 125. Application for mailing ballots shall be made on a form to be furnished by the county clerk of the county in which the applicant is a registered voter. Such form shall be mailed to the applicant upon request or delivered to the applicant in person upon his appearance at the office of the county clerk.
Sec. 126. 1. The county clerk shall:
(a) Satisfy himself that the applicant for a mailing ballot is qualified to vote;
(b) Enroll the name and address of the applicant, if found eligible, in the absent ballot record book;
(c) Mark the number of the ballot on the return envelope; and
(d) Mail the ballot to the applicant.
2. The ballot shall be accompanied by:
(a) A stamp and stamp pad;
(b) A return envelope; and
(c) Instructions regarding the manner of stamping and returning the ballot.
Sec. 127. Upon receipt of a mailing ballot from the county clerk, the applicant shall:
1. Immediately after opening the envelope, mark and fold the ballot;
2. Place the ballot in the return envelope;
3. Affix his signature on the back of the envelope; and
4. Mail or deliver the envelope to the county clerk.
Sec. 128. Upon receipt of the return envelope from the applicant, the county clerk shall follow the same procedure as in the case of absent ballots.
Sec. 129. 1. If an applicant appears in person before the county clerk, he shall mark the ballot and seal and sign the envelope in the same manner as provided in section 127 of this act, and shall forthwith deliver the ballot to the county clerk, who shall follow the same procedure as in the case of absent ballots.
2. On the day of election, an election board which receives mailing ballots from the county clerk shall follow the same procedure as in the case of absent ballots.
Sec. 130. Any voter registered in a mailing precinct, who has not made application for a mailing ballot, or who, after making application, has failed to return such ballot within the time allowed, or whose mailing ballot has been improperly rejected, may appear before the central election board or absent ballot central counting board of his county at any time on election day while the polls are open and vote in person.
Sec. 131. When the polls are closed, the counting board shall prepare to count the vote. The counting procedure shall be public and continue without adjournment until completed. The counting board shall prepare in the following manner:
1. The pollbooks shall be compared and errors corrected until the books agree.
2. The ballot box shall be opened and the ballots contained therein counted by the counting board and opened far enough to ascertain whether each ballot is single.
κ1960 Statutes of Nevada, Page 260 (CHAPTER 157, SB 67)κ
counted by the counting board and opened far enough to ascertain whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they shall be laid aside until the count of the ballots is completed. If, on comparison of the count with the pollbook, a majority of the inspectors are of the opinion that the ballots thus folded together were voted by one person, such ballots shall be rejected and placed in an envelope, upon which shall be written the reason for their rejection. The envelope shall be signed by the counting board officers and placed in the ballot box after the count is completed.
3. If the ballots in the box are found to exceed in number the number of names on the pollbooks, the ballots shall be replaced in the box, and a counting board officer, with his back turned to the box shall draw out and destroy publicly without opening them a number of ballots equal to the excess.
4. When it has been ascertained that the pollbook and the number of ballots agree with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy shall be made.
Sec. 132. No counting board in any precinct or district in which ballots are used may commence to count the votes until all ballots used or unused are accounted for.
Sec. 133. 1. No ballot which lacks the proper watermark may be counted, but such ballots shall be preserved and returned with the other ballots.
2. No vote may be counted unless indicated by a cross in the appropriate square.
3. An error in marking one or more votes on a ballot shall not invalidate any votes properly marked on such ballot.
4. If more choices than permitted by the instructions are marked for any office or question, the vote for such office or question may not be counted.
5. If it is impossible to determine a voters choice for any office or question, his vote or votes for such office or question may not be counted.
6. A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.
7. Only devices provided for in this chapter may be used in marking ballots.
8. It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.
9. When an election board officer rejects a ballot for any alleged defect or illegality, such officer shall write upon the back of such ballot a statement that it was rejected and the reason therefor.
Sec. 134. When all the votes have been tallied, the counting board officers shall enter on the tally lists by the name of every person voted for, the office for which such person received such votes, and the number of votes he received. The number shall be expressed in words and figures.
κ1960 Statutes of Nevada, Page 261 (CHAPTER 157, SB 67)κ
figures. The vote for and against any question submitted to the electors shall be entered in the same manner.
Sec. 135. 1. After the tally lists have been completed, the counting board officers shall:
(a) File the voted ballots on a string, enclose and seal them in an envelope marked Election returns, voted ballots.
(b) File the rejected ballots on a string, enclose and seal them in an envelope marked Election returns, rejected ballots.
(c) Place one of the tally lists for regular ballots and one of the pollbooks in an envelope marked Election returns and seal the envelope.
2. The voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, election board register, stubs of used ballots and unused ballots shall be sealed under cover by the counting board officers and addressed to the county clerk.
3. The other pollbooks and tally lists shall be returned to the county clerk.
Sec. 136. In precincts and districts where voting machines are used, the election board shall act as the counting board and, as soon as the polls are closed, lock the voting machines and open the counting compartments giving full view of all counter numbers. One election board officer shall read the number and letter on each counter for each candidates name and each question, and the result as shown by the counter numbers.
Sec. 137. An election board officer shall enter the vote on the statement of votes cast, after which another officer shall verify the figures by calling them off from the counters of the machine. The counter compartment of the voting machine shall remain open until the official returns and all other reports have been completed and verified by the election board.
Sec. 138. During the reading of the result of votes cast, any candidate or observer who may desire to be present shall be admitted to the polling place. The proclamation of the result of the votes cast shall be announced by a member of the election board. During the proclamation ample opportunity shall be given to any person lawfully present to compare the result so announced with the counterdials of the machine and any necessary corrections shall then and there be made by the election board, after which the voting machine shall be locked.
Sec. 139. The election board shall, before it adjourns, post in a conspicuous place on the outside of the polling place a copy of the result of the votes cast at the polling place. Such copy shall be signed by the members of the election board.
Sec. 140. 1. As soon as the returns from all the precincts and districts in any county have been received by the board of county commissioners such board shall meet and proceed to canvass the returns. The canvass shall be completed on or before the 7th day following the election.
2. The county clerk shall, as soon as the result is declared, enter upon the records of such board an abstract of the result, which shall contain the number of votes cast for each candidate. The board of county commissioners, after making such abstract of votes, shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of such abstract and transmit the same to the secretary of state within 7 days after the day of election.
κ1960 Statutes of Nevada, Page 262 (CHAPTER 157, SB 67)κ
county commissioners, after making such abstract of votes, shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of such abstract and transmit the same to the secretary of state within 7 days after the day of election.
3. The secretary of state shall, immediately after any primary, compile the returns for all candidates voted for in more than one county, and for all candidates for the assembly and state senate. He shall make out and file in his office an abstract thereof, and shall certify to the board of county commissioners of each county the name of each person nominated, and the name of the office for which he is nominated.
Sec. 141. If two or more counties or parts thereof are united in one district for the election of any district officer, the board of county commissioners of each county shall canvass the votes of its county for such office and transmit to the board of county commissioners of the county having the largest number of registered voters, a copy of the abstract of votes for such office, except for the office of district judge. The board of county commissioners receiving such abstracts shall make a final abstract of the total vote.
Sec. 142. 1. On or before the 1st Tuesday after any general election, the board of county commissioners shall open the returns of votes cast and make abstracts of the votes.
2. Abstracts of votes for United States Senator and for Representative in Congress shall be on one sheet, abstracts of votes for district and state officers shall be on one sheet, abstracts of votes for presidential electors shall be on one sheet, abstracts of votes for members of the legislature shall be on one sheet, the abstracts of votes for county and township officers shall be on one sheet, and the abstracts of votes upon any question shall be on one sheet.
3. The board of county commissioners shall cause a certificate of election to be made out by the clerk of the board of county commissioners to each of the persons having the highest number of votes for members of the legislature, district, county and township offices, respectively.
4. Each such certificate shall be delivered to the person elected upon application at the office of the county clerk.
Sec. 143. 1. The board of county commissioners, after making the abstract of votes as provided in section 142 of this act, shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of such abstract, and forthwith transmit the same to the secretary of state.
2. On the 4th Wednesday of November after each general election, the justices of the supreme court, or a majority thereof, shall meet with the secretary of state, and shall open and canvass the vote for United States Senator and Representative in Congress, district and state officers, and for and against any questions submitted.
3. The governor shall issue certificates of election to and commission the persons having the highest number of votes and shall also issue proclamations declaring the election of such persons.
Sec. 144. No certificate may be withheld because of any defect or informality in the returns of any election, if it can be ascertained with reasonable certainty from such returns what office is intended and who is entitled to such certificate, nor may any commission be withheld by the governor or board of county commissioners because of any such defect or informality.
κ1960 Statutes of Nevada, Page 263 (CHAPTER 157, SB 67)κ
informality in the returns of any election, if it can be ascertained with reasonable certainty from such returns what office is intended and who is entitled to such certificate, nor may any commission be withheld by the governor or board of county commissioners because of any such defect or informality.
Sec. 145. 1. On election day the absent ballot central counting board, if any, shall withdraw all the ballots from absent voters ballot boxes and ascertain that each box has the required number of ballots according to the county clerks absent voters ballot record.
2. The absent ballot central counting board shall count votes in the same manner as election boards.
3. The result of the absent ballot vote in each precinct or district shall be certified and submitted to the county clerk, who shall have such results added to the precinct or district regular votes.
4. The results of such tally shall not be revealed until after the polls are closed.
Sec. 146. If, after the completion of the canvass of the returns of any election, two or more persons receive an equal and the highest number of votes for United States Senator, member of Congress, district or state office, the legislature shall, by joint vote of both houses, elect one of such persons to fill the office.
Sec. 147. After the canvass of the vote in any election, any candidate defeated at such election may demand and receive a recount of the vote for the office for which he is a candidate if:
1. Such demand is made within 5 days after the certification of the abstract of votes; and
2. Such candidate deposits with the county clerk or secretary of state, the amount established by the clerk or secretary of state to be the cost of the recount.
Sec. 148. 1. Whenever a candidate who has demanded a recount prevails in such recount, the costs advanced by the candidate shall be refunded to him and the expense of such recount shall be borne by the state or political subdivision which such candidate will serve.
2. If the candidate who demanded the recount does not prevail, and it is found that the sum deposited was less than the cost of the recount, such candidate shall, upon demand, pay the deficiency to the county clerk or secretary of state, as the case may be. If the sum deposited is in excess of the cost, the excess shall be refunded to him.
3. Each recount shall be commenced within 3 days after demand, and shall be completed within 3 days after it is begun. Sundays and holidays shall not be excluded in determining each 3 day period.
Sec. 149. 1. A candidate at any election, or any registered voter of the appropriate political subdivision, may contest the election of any candidate.
2. Except where the contest involves the office of governor, lieutenant governor, assemblyman, state senator or justice of the supreme court, a candidate or voter who wishes to contest an election shall, within the time prescribed in section 151 of this act, file with the clerk of the supreme court a written statement of contest, setting forth:
(a) The name of the contestant and that he is a registered voter of the political subdivision in which the election to be contested or part of it was held;
κ1960 Statutes of Nevada, Page 264 (CHAPTER 157, SB 67)κ
the political subdivision in which the election to be contested or part of it was held;
(b) The name of the defendant;
(c) The office to which the defendant was declared elected;
(d) The particular grounds of contest and the section of Nevada Revised Statutes pursuant to which the statement is filed; and
(e) The date of the declaration of the result of the election and the body or board which canvassed the returns thereof.
3. The contestant shall verify the statement of contest in the manner provided for the verification of pleadings in civil actions.
Sec. 150. 1. A statement of contest shall not be dismissed by any court for want of form if the grounds of contest are alleged with sufficient certainty to inform the defendant of the charges he is required to meet.
2. An election may be contested upon any of the following grounds:
(a) That the election board or any member thereof was guilty of malfeasance.
(b) That a person who has been declared elected to an office was not at the time of election eligible to that office.
(c) That illegal votes were cast.
(d) That the election board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.
(e) That the defendant has given, or offered to give, to any person a bribe for the purpose of procuring his election.
Sec. 151. 1. The statement of contest provided for in section 149 of this act shall be filed with the clerk of the supreme court no later than 5 days after a recount is completed, and no later than 14 days after the election if no recount is demanded. The parties to a contest shall be denominated contestant and defendant.
2. The court shall set the matter for hearing not less than 5 days nor more than 10 days after the filing of the statement of contest. Election contests shall take precedence over all regular business of the court in order that results of elections shall be determined as soon as practicable.
3. The court may refer the contest to a special master in the manner provided by the Nevada Rules of Civil Procedure, and such special master shall have all powers necessary for a proper determination of the contest.
Sec. 152. Any party to a contest may take the deposition of any witness. The matter shall be tried and submitted so far as may be possible upon depositions and written or oral argument as the court may order.
Sec. 153. 1. If, in any contest, the court finds from the evidence that a person other than the defendant received the greatest number of legal votes, the court, as a part of the judgment, shall declare such person elected or nominated.
2. The person declared nominated or elected by the court shall be entitled to a certificate of nomination or election. If a certificate has not been issued to him, the county clerk or the secretary of state shall execute and deliver to such person a certificate of election or a certificate of nomination.
κ1960 Statutes of Nevada, Page 265 (CHAPTER 157, SB 67)κ
has not been issued to him, the county clerk or the secretary of state shall execute and deliver to such person a certificate of election or a certificate of nomination.
3. If a certificate of election or nomination to the same office has been issued to any person other than the one declared elected by the court, such certificate shall be annulled by the judgment of the courts.
4. Whenever an election is annulled or set aside by the court, and the court does not declare some candidate elected, the certificate of election or the commission, if any has been issued, is void and the office is vacant.
Sec. 154. 1. If a contest proceeding is dismissed for insufficiency of the statement of contest or for want of prosecution, or if the supreme court confirms the election, judgment shall be rendered for costs in favor of the defendant and against the contestant.
2. If an election is annulled or set aside for errors or malfeasance of any election official in the conduct of the election or in canvassing the returns, the costs shall be a charge against the state or political subdivision in which the election was held.
3. When an election is annulled or set aside on any other ground, judgment for costs shall be given in favor of the contestant and against the defendant.
Sec. 155. At the hearing of any contest, the ballots may be opened and a recount made, in the presence of the parties or their representatives, of the votes cast for the various candidates for the contested office.
Sec. 156. If the contest is for the office of assemblyman or state senator, a statement of contest, prepared as provided in section 149 of this act, and all depositions, ballots, records of voting machine counters and all other documents relating to the contest shall be filed with the secretary of state within the time provided herein for the filing of statements of contests with the clerk of the supreme court.
Sec. 157. 1. The secretary of state shall deliver the statement of contest and all other documents to the presiding officer of the house of the legislature to which the candidates were declared to be elected on or before the second day after the organization of the legislature.
2. The contest shall be heard and decided as prescribed by the standing or special rules of the house in which the contest is to be tried.
3. A certificate of election shall be executed and delivered to the person declared elected by the house. If a certificate of election to the office has been issued to any person other than the one declared by the house to be elected, such certificate is void.
Sec. 158. 1. If the contest is for the office of governor, lieutenant governor or justice of the supreme court, the statement of contest and all depositions, ballots, a record of voting machine counters and all other documents relating to such contest, shall be filed with the secretary of state within the time provided herein for filing statements of contests with the clerk of the supreme court.
2. The secretary of state shall deliver the statement of contest and all other papers and documents to the presiding officer of the senate on or before the second day after the organization of the legislature.
κ1960 Statutes of Nevada, Page 266 (CHAPTER 157, SB 67)κ
all other papers and documents to the presiding officer of the senate on or before the second day after the organization of the legislature.
3. A joint session of both houses shall be convened as soon thereafter as the business of both houses permits, but not later than 10 days after receipt of statement of contest.
Sec. 159. 1. The senate and assembly meeting in joint session shall proceed to decide the contest.
2. The speaker of the assembly shall preside at such joint session, and the session shall be conducted under the joint standing rules or joint special rules adopted for the occasion.
3. The contest shall be decided by a majority vote of the elected membership of both houses not later than 30 days after the contest hearing is begun.
Sec. 160. 1. After both houses sitting in joint session have decided an election contest, the secretary of state shall execute and deliver a certificate of election to the person declared elected.
2. If a certificate of election to the same office has been issued to any person other than the one declared to have been elected, such certificate is void.
Sec. 161. 1. The board of county commissioners may designate any building or buildings, public or otherwise, or any portion of such building or buildings, as the site or sites for any polling place or any number of polling places for any or all of the precincts or districts in the county.
2. If, in the opinion of such board, the convenience and comfort of the voters and election officials will be best served by putting two or more polling places in any such building or buildings, or if, in the opinion of such board, the expense to the county for polling places can be diminished by putting two or more polling places in any such building or buildings, it may so provide.
3. In precincts where there are no public buildings or other appropriate locations owned by the state, county, township, city, town or precinct, privately owned locations shall be rented at a rate not to exceed $15 for each election.
Sec. 162. 1. When the county clerk causes a list of registered voters, segregated by districts or precincts, to be published in any newspaper circulated in such county, newspapers publishing such list shall not be paid more than 10 cents per name.
2. Any person desiring a copy of any precinct, district or county list may obtain such copy by applying at the office of the county clerk and paying therefor a sum of money equal to one-half cent per each name on such list.
3. A county may not pay more than 10 cents per folio or more than $6 per thousand copies for printed precinct or district lists.
Sec. 163. 1. The expense of providing all ballots, form and other supplies to be used at any primary or general election and all expenses necessarily incurred in the preparation for, or the conduct of any such election, shall be a charge upon the municipality, county, district or state, as the case may be.
2. The cost of printing ballots shall not exceed the sum of $80 per thousand or fraction thereof for the first two thousand ballots printed and $40 for each additional thousand printed.
κ1960 Statutes of Nevada, Page 267 (CHAPTER 157, SB 67)κ
thousand or fraction thereof for the first two thousand ballots printed and $40 for each additional thousand printed.
3. The county clerk may submit such printing for competitive bidding.
Sec. 164. The board of county commissioners of each county shall provide the county clerk with sufficient assistants to enable him to perform properly the duties imposed upon him by this chapter. Such expense shall be a county charge.
Sec. 165. If it is necessary to employ a messenger to convey any election returns to the secretary of state, the person performing such service shall receive as compensation mileage at the rate of 15 cents per mile, one way only.
Sec. 166. 1. The county clerk shall pay to the county treasurer all filing fees received by him from candidates.
2. Each county shall receive a proportion of the total amount of filing fees paid into the office of secretary of state equal to the proportion which the total vote of his county for Representative in Congress bears to the total vote of the state or district for the same office.
Sec. 167. Where, due to an election, janitorial service is needed in a building used as a polling place, extra janitors may be hired. Each extra janitor hired may be paid an amount not to exceed $2 per hour.
Sec. 168. The cost of voting machines shall be a county charge upon the county adopting them.
Sec. 169. Any person appointed a precinct or district deputy registrar, except justices of the peace, and deputies employed in the office of voters registration, shall receive as compensation for all services the sum of not more than 10 cents for each voter registered, to be paid by claim against the county after such claim has been approved by the county clerk.
Sec. 170. 1. Each voting board officer serving in a county shall receive $10 from the county treasury for all services required to be rendered during the election, including those services rendered prior to the opening of the polls and after the closing thereof.
2. Each counting board officer shall receive the sum of $10 for the first 8 hours, and $2 per hour thereafter.
3. Where an election board acts as both voting board and counting board, each member shall receive $10 for the time he acts as a voting board member, and $2 per hour for each hour he acts as a counting board member.
4. Where voting machines are used, each election board officer shall receive the sum of $15 for his services.
5. Specially appointed deputy sheriffs shall receive $10 as compensation for rendering the services required of the deputy sheriff on election day.
Sec. 171. 1. Any registered voter may absent himself from his place of employment at a time to be designated by the employer for a sufficient time to vote, if it is impracticable for him to vote before or after his hours of employment. A sufficient time to vote shall be determined as follows:
(a) If the distance between the place of such voters employment and the polling place where such person votes is 2 miles or less, 1 hour.
κ1960 Statutes of Nevada, Page 268 (CHAPTER 157, SB 67)κ
and the polling place where such person votes is 2 miles or less, 1 hour.
(b) If the distance is more than 2 miles but not more than 10 miles, 2 hours.
(c) If the distance is more than 10 miles, 3 hours.
2. Such voter may not, because of such absence, be discharged, disciplined or penalized, nor shall any deduction be made from his usual salary or wages by reason of such absence.
3. Application for leave of absence to vote shall be made to the employer or person authorized to grant such leave prior to the day of the election.
4. Any employer or person authorized to grant the leave of absence provided for in subsection 1, who denies any registered voter any right granted under this section, or who otherwise violates the provisions of this section, is guilty of a misdemeanor.
Sec. 172. 1. It is unlawful for any person, in connection with any election, whether acting himself or through another person in his behalf, to:
(a) Use or threaten to use any force, coercion, violence, restraint or undue influence; or
(b) Inflict or threaten to inflict any physical or mental injury, damage, harm or loss upon the person or property of another; or
(c) Expose or publish or threaten to expose or publish any fact concerning another in order to induce or compel such other to vote or refrain from voting for any candidate or any question; or
(d) Impede or prevent by abduction, duress or fraudulent contrivance, the free exercise of the franchise by any voter, or thereby to compel, induce or prevail upon any elector to give or refrain from giving his vote; or
(e) Discharge or change the place of employment of any employee with the intent to impede or prevent the free exercise of the franchise by such employee.
2. Any violation of this section is a gross misdemeanor.
Sec. 173. If an election is prevented in any precinct or district by reason of the loss or destruction of the ballots intended for that precinct, or any other cause, the election officers for such precinct or district shall make an affidavit setting forth such fact and transmit it to the county commissioners. Upon receipt of such affidavit and upon the application of any candidate for any office to be voted for by the registered voters of such precinct, or district, the county commissioners shall order a new election in such precinct or district.
Sec. 174. 1. The secretary of state shall have available a sufficient supply of tinted paper for ballots and shall furnish the same in quantities ordered to any county clerk. Such paper shall be watermarked with a design furnished by the secretary of state, in such manner that the watermark shall be plainly discernible on the outside of the ballot when properly folded.
2. The design shall be changed for each general election, and the same design may not be used more than once within the space of 8 years, but any special or separate local election paper marked with the design used at any previous general election may be used.
κ1960 Statutes of Nevada, Page 269 (CHAPTER 157, SB 67)κ
Sec. 175. Only voting machines approved by the secretary of state may be used in any general or primary election.
Sec. 176. Each voting machine shall:
1. Secure to the voter secrecy in the act of voting.
2. Provide facilities for voting for the candidates of as many political parties or organizations as may make nominations and for or against measures.
3. Permit the voter to vote for any person for any office that he has the right to vote for, but no other.
4. Except at primary elections, permit the voter to vote for all the candidates of one party or in part for the candidates of one party and in part for the candidates of one or more other parties.
5. Permit the voter to vote for as many persons for an office as he is lawfully entitled to vote for, but no more.
6. Prevent the voter from voting for the same person more than once for the same office.
7. Permit the voter to vote for or against any measure he may have the right to vote on, but no other.
8. Correctly record all votes cast for any and all candidates and for or against any and all questions.
9. Be so equipped that the election officials can lock out all rows except those of the voters party by a single adjustment on the outside of the machine.
10. Be provided with a lock or locks by which all operation of the recording mechanism can be prevented as soon as the polls are closed.
11. Be provided with a protective counter, whereby any operation or tampering with the machine before or after the election will be detected. The protective counter shall be so constructed and so connected that it cannot be reset, altered or operated, except by operating the machine.
12. Be provided with a public counter which shall show at all times during an election how many persons have voted.
13. Be provided with a mechanical model, suitable for the instruction of voters, illustrating the manner of voting on the machine.
14. Provide in the general election, for grouping, under the name of the office to be voted on, all the candidates for the office with the designation of the parties, if any, by which they were nominated. The party designation may be by usual or reasonable abbreviation.
Sec. 177. The voting devices for candidates at primary elections shall be arranged in separate parallel lines, one or more lines for each party, and in parallel office rows transverse thereto, and for general elections shall conform as nearly as practicable to the form of ballot provided for general elections where voting machines are not used.
Sec. 178. Where voting machines are used they shall be equipped to allow a vote for all the presidential electors of any party by one operation. The ballot label in such case shall contain only the words presidential electors preceded by the name of the party and followed by the names of its candidates for the offices of President and Vice President, and the recording device shall register the vote cast as if for the presidential electors voted for collectively.
κ1960 Statutes of Nevada, Page 270 (CHAPTER 157, SB 67)κ
Sec. 179. Until the time for contest of election has expired, the ballots returned to the county clerk may not be inspected by any person, except in cases of recount or election contest, and then only by the judge, special master or board before whom such election is being contested or who is conducting the recount.
Sec. 180. Any person appointed to serve on an election board shall notify the county clerk of his willingness or unwillingness to serve as an election board officer within 5 days after he has notice of his appointment to such board.
Sec. 181. Any officer in whose office any nomination paper has been filed, who shall wrongfully suppress, neglect or fail to cause the proper filing thereof at the proper time and the proper place, is guilty of a misdemeanor, and 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 30 days nor more than 6 months, or by both such fine and imprisonment.
Sec. 182. 1. No person may loiter in any polling place so as to interfere with the conduct of the election.
2. No person except an election board officer may receive from any voter a ballot prepared by such voter.
3. No person may remove a ballot from any polling place before the closing of the polls.
4. No person may apply for or receive a ballot at any election precinct or district other than the one at which he is entitled to vote.
5. No person may show his ballot to any person, after marking it, so as to reveal any of the names voted for.
6. No person may, within 100 feet of the polling place, ask another person for whom he intends to vote.
7. No voter may receive a ballot from any person other than an election board officer, nor may any person other than an election board officer deliver a ballot to a voter.
8. No voter may deliver to an election board or to any member thereof any ballot other than the one received.
9. No voter may place any mark upon his ballot by which it may afterwards be identified as the one voted by him.
10. Any person who violates any provision of this section is guilty of a misdemeanor.
Sec. 183. Any person who, during an election, removes or destroys any of the supplies or equipment placed in the booths or compartments, or removes or defaces the cards of instruction posted as prescribed by this chapter, is guilty of a misdemeanor.
Sec. 184. Every person who, after being sworn by an election board, refuses to answer any relevant question propounded by such board concerning the right of any other person to vote, is guilty of a misdemeanor.
Sec. 185. If any person applying to vote at any election is challenged by an election board officer or a registered voter, an oath shall be administered to such person by one of the election board officers that he will answer truthfully all questions concerning his right to vote at such election, and if it appears that he is not a registered voter under the provisions of this chapter, shall be denied a ballot.
κ1960 Statutes of Nevada, Page 271 (CHAPTER 157, SB 67)κ
vote at such election, and if it appears that he is not a registered voter under the provisions of this chapter, shall be denied a ballot. If any person whose vote has been rejected offers to vote at the same election, at any polling place other than the one in which he is registered to vote, he is guilty of a misdemeanor.
Sec. 186. 1. Any person who, either for himself or another, willfully gives a false answer or answers to questions propounded to him by the registrar or deputy registrar relating to the information called for by the affidavit of registration, or who willfully falsifies his registration affidavit in any particular, or who violates any of the provisions of the election laws of this state, or knowingly encourages another to violate such laws is guilty of a misdemeanor.
2. Any public officer or other person, upon whom any duty is imposed by this Title, willfully neglects such duty, or willfully performs it in such a way as to hinder the objects and purposes of the election laws of this state, is, except where some other penalty is provided, guilty of a gross misdemeanor.
3. If such person is a public officer, his office is forfeited.
4. Any person who causes or endeavors to cause his name to be registered, knowing that he is not an elector, or will not be an elector on or before the day of the next ensuing election in the precinct or district in which he causes or endeavors to cause such registration to be made, and any other person who induces, aids, or abets any such person in the commission of either of such acts is guilty of a misdemeanor.
Sec. 187. Any person who makes, offers or accepts any bet or wager upon the result of any election, or upon the success or failure of any person or candidate, or upon the number of votes to be cast, either in the aggregate or for any particular candidate, or upon the vote to be cast by any person, is guilty of a misdemeanor.
Sec. 188. Any person who sells, gives away or furnishes or causes to be sold, given away or furnished within this state during the hours when the polls are open on any day upon which a general or primary election is held, or within the limits of any county or city on any day upon which any special or municipal election is held therein, any spirituous, malt or fermented liquors or wines, is guilty of a gross misdemeanor, and shall be fined in a sum not less than $100 nor more than $1,000, or by imprisonment in the county jail not less than 1 nor more than 6 months, or by both such fine and imprisonment. This section does not apply to any election at which the sole matter to be voted on relates to the creation or assumption of any public indebtedness to be evidenced by bonds or otherwise. Nor does it apply to a gratuitous serving of such beverages in private homes or places of residence by the residents thereof during any election.
Sec. 189. 1. Except as provided in section 1 of article 2 of the constitution of the State of Nevada, every citizen of the United States, 21 years of age or over, who has continuously resided in this state 6 months and in the county 30 days and in the precinct 10 days next preceding the day of the next succeeding primary or general election, and who has registered in the manner provided in this chapter, shall be entitled to vote at such election.
κ1960 Statutes of Nevada, Page 272 (CHAPTER 157, SB 67)κ
election, and who has registered in the manner provided in this chapter, shall be entitled to vote at such election.
2. This section shall not be construed to exclude the registration of eligible persons whose 21st birthday occurs on or before the next succeeding primary or general election.
Sec. 190. No person may gain or lose residence by reason of his presence or absence while employed in the military, naval or civil service of the United States or of the State of Nevada, or while engaged in the navigation of the waters of the United States or of the high seas, or while a student at any seminary or other institution of learning, or while an inmate of any public institution.
Sec. 191. Any registered voter removing from one county to another in the state, within 30 days prior to any election, or from one precinct to another in the same county, within 10 days prior to any election, shall be deemed to retain his residence in the county or precinct removed from for the purposes of such election.
Sec. 192. If a person removes to another state, territory or foreign country, with the intention of establishing his domicile there, he thereby loses his residence in this state.
Sec. 193. If a person having a fixed and permanent home in this state, breaks up such home and removes to another state, territory or foreign country, the intent to abandon his residence in this state shall be presumed, and the burden shall be upon him to prove the contrary. The same rule shall apply when a person removes from one county to another within the state, or from one precinct to another within the county.
Sec. 194. If a man has a family residing in one place and he does business in another, the former is his residence, unless his family is located there only temporarily, but if his family resides without the state and he is permanently located within the state, with no intention of removing therefrom, he shall be deemed a resident for election purposes.
Sec. 195. Except as provided in sections 111 and 213 of this act, if a person removes to another state, territory or foreign country, with the intention of residing there for an indefinite time, he thereby loses his residence in this state for election purposes, notwithstanding that he may intend to return at some uncertain future date, and an occasional return to the place of his former residence in this state, regardless of the reason, shall not be sufficient to preserve his residence.
Sec. 196. 1. The county clerk of each county shall:
(a) Be ex officio county registrar and registrar for all precincts within the county.
(b) Have the custody of all books, documents and papers pertaining to registration provided for in this chapter.
2. All books, documents and papers pertaining to registration are official records of the office of the county clerk.
Sec. 197. 1. All justices of the peace, except those located in county seats, are ex officio deputy registrars for the purpose of carrying out the provisions of this chapter.
κ1960 Statutes of Nevada, Page 273 (CHAPTER 157, SB 67)κ
seats, are ex officio deputy registrars for the purpose of carrying out the provisions of this chapter.
2. The county clerk may appoint registered voters as deputy registrars, who shall register voters within the county for which they are appointed. Deputy registrars so appointed shall serve at the pleasure of the county clerk and shall perform their duties as the county clerk may direct.
3. Deputy registrars may demand of any person who applies for registration all information required by the affidavit of registration, and may administer all oaths required by this chapter.
4. When a deputy registrar has in his possession five or more completed affidavits of registration, he shall forward them to the county clerk, but in no case may he hold any number of such forms for more than 5 days.
5. Immediately after the close of registration, each deputy registrar shall forward to the county clerk all completed affidavits in his possession.
6. Deputy registrars shall submit to the county clerk an alphabetical list of names of electors registered by him, giving the serial number of the affidavit used for each named registrant.
7. Each deputy registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.
Sec. 198. County clerks shall provide original and duplicate forms for affidavits of registration to deputy registrars in form and number prescribed by the secretary of state.
Sec. 199. 1. The county clerk shall segregate original affidavits of registration according to the precinct in which the registered voters reside, and shall arrange the affidavits in such precinct or district in alphabetical order.
2. The affidavits for each precinct or district shall be kept in a separate binder which shall be marked with the number of the precinct or district. Such binders shall constitute the election board register.
3. The county clerk shall arrange the duplicate affidavits or registration in alphabetical order for the entire county, and they shall be kept in binders or a suitable file which shall constitute the county clerks register.
Sec. 200. If at any time the county clerks register is closed for one election, but open for some other election, any elector shall be permitted to register for such other election, but the county clerk shall retain his affidavit of registration in a separate file until the county clerks register is again open for filing of affidavits, at which time all affidavits in such temporary file shall be placed in their proper position in the county clerks register.
Sec. 201. 1. Registration offices shall be open regularly for registration of voters for every election until the 30th day preceding the day of such election.
2. During the last 5 days before registration closes, such offices shall be open from
κ1960 Statutes of Nevada, Page 274 (CHAPTER 157, SB 67)κ
shall be open from 9 a. m. to 5 p. m. and from 7 p. m. to 9 p. m., including Saturdays.
Sec. 202. 1. Any elector residing within the county may register by appearing before the county clerk or deputy registrar, completing the affidavit of registration, and giving true and satisfactory answers to all questions relevant to such electors right to vote.
2. The affidavit of registration shall be signed and verified by the elector registering.
3. Each female elector who is or has been married, shall be registered under her own given or first name, and not under the given or first name or initials of her husband.
4. Any elector who changes his or her name by marriage, or otherwise, shall not be eligible to vote unless he or she reregisters. If any such change of name occurs after the close of registration, the elector may vote at the ensuing election upon satisfactory proof of registration and subsequent change of name.
Sec. 203. The registration or reregistration of electors who are unable to sign their names shall be made upon personal application of such electors at the office of the county clerk where they may be identified. Such electors may use a mark or cross in place of a signature.
Sec. 204. 1. Except as provided in subsection 2, no naturalized citizen may be registered unless he produces his certificate of naturalization.
2. If it appears to the county clerk, by the affidavit of the applicant and one registered voter, that such citizens certificate of naturalization is lost or destroyed or temporarily beyond the reach of the applicant, the county clerk shall register the name of such applicant, unless he is by law otherwise disqualified. If a naturalized citizen fails to produce his certificate of naturalization, the county clerk shall propound, in addition to the questions on the registration form, the following questions:
(a) In what year did you come to the United States?
(b) Where did you last see your certificate of naturalization?
(c) Where were you admitted to citizenship?
3. When a naturalized citizen has registered to vote in a county and he applies to reregister in such county, he shall not be required to produce his certificate of naturalization.
Sec. 205. Any elector who has changed his residence subsequent to the last preceding general election from one precinct or district to another within the same county shall not be eligible to vote unless he reregisters.
Sec. 206. When an elector moves to another county and registers to vote therein, the county clerk of such county shall send a cancellation notice to the clerk of the county in which the elector previously resided. The county clerk receiving such notice shall cancel such electors affidavit of registration and place it in a canceled file.
Sec. 207. 1. County clerks may use any reliable means to correct the official registration lists.
κ1960 Statutes of Nevada, Page 275 (CHAPTER 157, SB 67)κ
2. A county clerk may, with the consent of the board of county commissioners, make investigations of registration in the county by census, by house-to-house canvass, or by any other method.
Sec. 208. Any elector may bring and any number of electors may join in an action or proceeding in a district court to compel the county clerk to enter the name of such elector or electors in the county clerks register and the election board register.
Sec. 209. 1. Except as provided in subsection 2, the county clerk shall cancel a registration if any elector or other reliable person files an affidavit with him 30 days or more prior to an election stating that the registrant is an alien and the affiant has personal knowledge of such fact, or that:
(a) The registrant has removed from the county where he is registered to another county, state, territory or foreign country, with the intention of remaining there for an indefinite time and with the intention of abandoning his residence in the county where registered;
(b) The registrant has established his residence in some other state, territory or foreign country, or in some other county of this state, naming such place; and
(c) The affiant has personal knowledge of those facts.
2. Upon the filing of the affidavit with him, the county clerk shall notify the registrant by registered mail, return receipt requested, of the filing of the affidavit, and shall enclose a copy of the affidavit. Unless the registrant, within 15 days after the return receipt has been filed in the office of the county clerk, presents a counter-affidavit, documentary evidence or an oral statement under oath refuting, to the satisfaction of the county clerk, the statements in the affidavits, the county clerk shall cancel the registration in the manner provided in subsection 1.
3. Nothing in this section shall be construed to prevent the challenge provided for in section 107 of this act.
Sec. 210. The county clerk of each county shall maintain a canceled file for canceled affidavits of registration. Such file shall be kept in alphabetical order and shall contain all affidavits of registration which are canceled. The county clerk shall mark such affidavits Canceled, and indicate thereon the reason for cancellation. If the county clerk finds that any affidavit of registration was canceled erroneously, the county clerk shall reinstate such affidavit, reregister the elector, or, on election day, issue a certificate of error to the elector whose registration was erroneously canceled.
Sec. 211. The county clerk shall cancel an affidavit of registration:
1. If he has personal knowledge of the death of the person registered, or if an authenticated certificate of the death of any elector is filed in his office; or
2. If the insanity of the person registered is legally established; or
3. Upon the production of a certified copy of the judgment of conviction of the person registered of a felony; or
4. Upon the production of a certified copy of the judgment of any court directing the cancellation to be made; or
κ1960 Statutes of Nevada, Page 276 (CHAPTER 157, SB 67)κ
5. Upon the request of any registered voter to affiliate with any political party, or to change his affiliation, if such change is made before the end of the last day for filing declarations of candidacy for a primary election; or
6. Upon the request of any registered voter who has changed his name, if such voter satisfies the registrar that such change has been legally effected; or
7. At the request of the person registered.
Sec. 212. 1. If an affidavit of registration is canceled under subsection 5 or 6 of section 211 of this act, the elector may reregister immediately.
2. If an affidavit of registration is canceled under subsection 7 of section 211 of this act, after the close of registration, the elector may not reregister until after the primary election.
Sec. 213. 1. Immediately after the county commissioners of a county canvass the general election vote, the county clerk shall compare his register for each precinct or district in the county with the list of registered voters who voted at such election in the precinct or district as shown by the pollbook or roster returned by the precinct or district election board to the county clerk, and he shall remove from the county clerks register and from the election board register the affidavits of registration of all electors who have failed to vote at such election.
2. Except as provided in subsection 3, the county clerk shall remove from the county clerks register and election board register the affidavits of registration of voters who voted by absent ballot at the last preceding general election.
3. If a county clerk determines that a voter who voted by absent ballot was, at the time of casting such ballot, a state or federal officer or a member of such persons immediate family, a person in the service of the United States, a member of a religious group or welfare group officially attached to and serving with the Armed Forces of the United States, a person engaged in transportation by rail, motor or airplane whose occupation necessitated his being absent on election day, an elector residing in an absent ballot mailing precinct, or who was unable to vote at the polling place because of illness or physical disability, such clerk shall not remove the affidavits of registration of such voters either from the county clerks register or from the election board register.
Sec. 214. 1. After the 30th day but not later than the third day prior to any election, a written challenge may be filed with the county clerk. Such challenge shall be signed and verified by a registered voter and name the person whose right to vote is challenged and the ground of the challenge.
2. The county clerk shall file the challenge in the county clerks register and attach a copy thereof to the challenged registration in the election board register.
Sec. 215. Any elector of this state who has not registered to vote in this state, or who has registered but whose registration has been canceled, and who contemplates enlisting in, or has been inducted into, the Armed Forces of the United States may, at any time, appear before the county clerk of the county of his residence or the deputy registrar thereof and register as a voter in the manner provided by law.
κ1960 Statutes of Nevada, Page 277 (CHAPTER 157, SB 67)κ
canceled, and who contemplates enlisting in, or has been inducted into, the Armed Forces of the United States may, at any time, appear before the county clerk of the county of his residence or the deputy registrar thereof and register as a voter in the manner provided by law.
Sec. 216. Any elector of this state who is a member of the Armed Forces of the United States and by reason thereof is beyond the boundaries of this state, and who has not theretofore registered or whose registration has been canceled, may, at any time, request from the county clerk of the county of such electors residence by mail, telephone or telegram an affidavit of registration. The county clerk, if satisfied that the elector is eligible for registration, shall forward the affidavit immediately. The county clerk shall, upon receipt of the completed affidavit, file it in the manner provided by law.
Sec. 217. If the spouse or a dependent of an elector referred to in section 216 of this act is an elector of this state, but has not been registered, or his registration has been canceled, and such spouse or dependent of the elector is required, by reason of the enlistment in or induction into the Armed Forces of the United States of the elector, to reside beyond the boundaries of this state, such spouse or dependent may register in the manner provided by section 216 of this act.
Sec. 218. At least 90 days prior to the closing of registration for any election, the county clerk shall prepare and date an alphabetical list of the persons whose names remain on the county clerks register of each precinct and district, except the precincts and districts in the county seat of the county or in incorporated cities, and send such list to the deputy registrar of such precinct or district. The list shall consist of the names of the persons registered and the political affiliations designated on their affidavits of registration then on file in the office of the county clerk, or the fact that no political affiliation is designated.
Sec. 219. 1. Registration shall close at 9 p. m. on the 31st day preceding any primary or general election.
2. The county clerk of each county shall publish in a newspaper having a general circulation in the county a notice signed by him indicating the day that registration will be closed. If no such newspaper is published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county.
3. Such notice shall be published once each week for four consecutive weeks next preceding the close of registration for any election.
4. At least 15 days before the time when the county clerks register is closed for any election, the county clerk shall mail to deputy registrars, to be posted in a conspicuous place in each voting precinct outside incorporated cities and in which no newspaper is published, a copy of such notice.
Sec. 220. 1. During the time intervening between the closing of registration and 5 days before the election, the county clerk shall prepare for each precinct or district, a binder or binders containing in alphabetical order the original affidavits of registration of the electors in the precinct or district, and such binder or binders shall be the election board register.
κ1960 Statutes of Nevada, Page 278 (CHAPTER 157, SB 67)κ
in alphabetical order the original affidavits of registration of the electors in the precinct or district, and such binder or binders shall be the election board register.
2. Each election board register shall be delivered or caused to be delivered by the county clerk to an election officer of the proper precinct or district prior to the opening of the polls.
Sec. 221. 1. Not less than 8 days before any election, the county clerk shall cause the deputy registrar of each precinct or district to post at least one list of the registered voters in at least one conspicuous place within the proper precinct or district outside of incorporated cities.
2. On or before the 4th Monday in August preceding a primary election and on or before the 4th Monday in October preceding a general election, the county clerk shall:
(a) Cause to be published once in each of the newspapers circulated in different parts of the county a list of all registered voters, segregated by precincts or districts, within the circulation area of each newspaper; or
(b) Cause to be published once in a newspaper circulated in the county a segregated listing for the entire county;
(c) Cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing such voter of the location of his polling place.
3. The county may not pay more than 10 cents per name to each newspaper publishing the list.
Sec. 222. Not later than the 2nd Friday next preceding the primary or general election, the county clerk shall ascertain by precinct and district the number of registered voters in the county and their political affiliation, if any, and transmit such information to the secretary of state.
Sec. 223. Title 24 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 224 to 242, inclusive, of this act.
Sec. 224. 1. The first power reserved by the people is the initiative.
2. Ten percent or more of the registered voters of this state as shown by the number of voters who voted at the last preceding general election may propose any measure for adoption by an initiative petition.
3. Every such petition shall include the full text of the measure so proposed.
4. The enacting clause of all bills proposed by the initiative shall be: The People of the State of Nevada do enact as follows:.
Sec. 225. 1. Initiative petitions, for all but municipal legislation, shall be filed with the secretary of state not less than 30 days before any regular session of the legislature. Initiative petitions for municipal legislation shall be filed with the county clerk not later than the 1st Monday in August preceding the general election.
2. At the next general election after the filing of such initiative petition, the county clerk shall submit the measure so proposed for approval or disapproval.
κ1960 Statutes of Nevada, Page 279 (CHAPTER 157, SB 67)κ
3. A special election may be called to consider initiative proposals of municipal legislation in the manner and time provided by NRS 302.200.
Sec. 226. The secretary of state shall transmit initiative petitions to the legislature as soon as it convenes and organizes.
Sec. 227. Initiative measures shall take precedence over all measures of the legislature except appropriation bills, and shall be enacted or rejected by the legislature without change or amendment within 40 days.
If any initiative measure proposed by petition shall be enacted by the legislature and approved by the governor in the same manner as other laws are enacted, it shall become a law, but shall be subject to referendum petition as provided in sections 1 and 2 of article XIX of the constitution of the State of Nevada.
Sec. 228. If the initiative measure is rejected by the legislature, or if no action is taken thereon within the 40 days, the secretary of state shall submit the same to the qualified electors for approval or rejection at the next ensuing general election.
Sec. 229. If a majority of the qualified electors voting thereon approve such measure, it shall become a law and take effect from the date of the official declaration of the vote.
Sec. 230. An initiative measure approved by the qualified electors shall not be annulled, set aside or repealed by the legislature within 3 years from the date the act takes effect.
Sec. 231. If the legislature rejects an initiative measure, the legislature may, with the approval of the governor, propose a different measure on the same subject, in which event both measures shall be submitted by the secretary of state to the qualified electors for approval or rejection at the next ensuing general election.
Sec. 232. Whenever 10 percent or more or the registered voters of this state, as shown by the number of registered voters who voted at the last preceding general election, shall express their wish that any act or resolution enacted by the legislature be submitted to the vote of the people, they shall file with the secretary of state, not less than 4 months before the time set for the next succeeding general election, a petition, which shall contain the names and residence addresses of at least 10 percent of the registered voters of this state, demanding that a referendum vote be had by the people of the state at the next general election upon the act or resolution on which the referendum is demanded.
Sec. 233. 1. The names of the registered voters petitioning need not all be upon one petition, but may be contained in one or more petitions; but each petition shall be verified by at least one of the voters who has signed such petition.
2. The voter making the verification shall swear that the persons signing the petition are registered voters of this state. The petition may be verified upon information and belief.
Sec. 234. 1. The secretary of state shall file the petition upon its receipt by him. At the next general election he shall submit the act or resolution, by appropriate questions on the ballot, for the approval or disapproval of the people of the state.
κ1960 Statutes of Nevada, Page 280 (CHAPTER 157, SB 67)κ
or resolution, by appropriate questions on the ballot, for the approval or disapproval of the people of the state.
2. The secretary of state shall certify the questions to the county clerks, and they shall publish the same in accordance with the provisions of law requiring county clerks to publish questions and proposed constitutional amendments which are to be submitted for popular vote.
Sec. 235. 1. The title of the act or resolution shall be set out on the ballot and the question printed upon the ballot for the information of the voters shall be as follows: Shall the act (setting out the title thereof) be approved?
2. Where voting machines are used the title of the act shall appear on the ballot label and may be condensed to 20 words.
3. The votes cast upon such question shall be counted and canvassed as the votes for state officers are counted and canvassed.
Sec. 236. 1. When a majority of the registered voters voting on the question of the approval or disapproval of any act or resolution, by their vote, approve the act or resolution, it shall stand as the law of the state, and shall not be repealed, overruled, annulled, set aside, suspended or in any way made inoperative, except by a direct vote of the people.
2. When a majority disapproves, the act or resolution shall be void.
Sec. 237. Whenever 10 percent or more of the registered voters of any county of this state, as shown by the number of registered voters who voted at the last preceding general election, shall express their wish that any act or resolution enacted by the legislature, and pertaining to such county only, be submitted to the vote of the people, they shall file with the county clerk, not less than 4 months before the time set for the next succeeding general election, a petition, which shall contain the names and residence addresses of at least 10 percent of the registered voters of such county, demanding that a referendum vote be had by the people of the county at the next general election or at any election called for such purpose, upon the act or resolution on which the referendum is demanded.
Sec. 238. 1. The names of the registered voters petitioning need not be all upon one petition, but may be contained on one or more petitions; but each petition shall be verified by at least one of the voters who has signed such petition.
2. The voter making the verification shall swear, on information and belief, that the persons signing the petition are registered voters of the county and state, and that such signatures are genuine and were executed in his presence.
Sec. 239. 1. The county clerk shall file the petition upon its receipt by him. At the next general election or at the election called for such purpose, he shall submit the act or resolution, by appropriate questions on the ballot, for the approval or disapproval of the people of such county.
2. The county clerk shall publish such questions in accordance with the provisions of law requiring county clerks to publish questions and proposed constitutional amendments which are to be submitted for popular vote.
κ1960 Statutes of Nevada, Page 281 (CHAPTER 157, SB 67)κ
and proposed constitutional amendments which are to be submitted for popular vote.
Sec. 240. 1. The subject matter of such questions shall be stated concisely on the ballot, and the question printed upon the ballot for the information of the voter shall be as follows: Shall the act (setting out the titled thereof) be approved?
2. Where voting machines are used, the title of the act shall appear on the ballot label and may be condensed to 20 words.
3. The votes cast upon such question shall be counted and canvassed as the votes for county officers are counted and canvassed.
Sec. 241. 1. When a majority of the registered voters of such county voting upon the question submitted, by their vote, approve the act or resolution, it shall stand as the law of the state, and shall not be repealed, overruled, annulled, set aside or in any way made inoperative, except by a direct vote of such county.
2. When a majority of the registered voters of such county disapproves, the act or resolution shall be void.
Sec. 242. 1. After the filing of a referendum petition with the county clerk as provided in section 232 of this act, a special election shall be called by the board of county commissioners for the purpose of submitting the question to the registered voters of the county if a petition requesting a special election, signed by 40 percent or more of the registered voters of the county as shown by the number of registered voters who voted at the last preceding general election, and verified in the manner provided in section 233 of this act, is filed with the board of county commissioners.
2. A special election called by the board of county commissioners pursuant to subsection 1 shall be held within 40 days after the petition requesting the special election is filed with the board of county commissioners.
Sec. 243. Title 24 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 244 to 248, inclusive, of this act.
Sec. 244. At the primary and general election next preceding the expiration of the time for which any United States Senator was elected or appointed to represent the State of Nevada in the United States Senate, candidates for United States Senator may be nominated and elected in the same manner as provided by law for the nomination and election of state officers.
Sec. 245. Certificates of nomination of candidates for United States Senator shall be filed with the secretary of state, who shall certify the names of all candidates to the county clerks as required by law in the case of candidates for state offices. The county clerks, in preparing the ballots to be voted at any such general election, shall place thereon the names of all such candidates under the words U. S. Senator-Vote for one, and there shall be a margin at the right hand side of these names at least one-half inch wide, where the voter may indicate his choice of the candidates by making a cross.
Sec. 246. In case of a vacancy in the office of United States Senator caused by death, resignation or otherwise, the governor may appoint some qualified person to fill the vacancy, who shall hold office until the next general election and until his successor shall be elected and seated.
κ1960 Statutes of Nevada, Page 282 (CHAPTER 157, SB 67)κ
caused by death, resignation or otherwise, the governor may appoint some qualified person to fill the vacancy, who shall hold office until the next general election and until his successor shall be elected and seated.
Sec. 247. Party candidates for Representative in Congress shall be nominated in the same manner as state officers are nominated.
Sec. 248. 1. At the general election in each even numbered year, there shall be elected the number of Representatives in the Congress of the United States to which the State of Nevada is entitled.
2. Representatives in Congress shall be elected by the registered voters of their respective districts.
Sec. 249. Title 24 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 250 to 261, inclusive, of this act.
Sec. 250. Every public officer in the State of Nevada is subject to recall from office by the electors of the state or of the county, district or municipality from which he was elected, as provided in sections 251 to 261, inclusive, of this act.
Sec. 251. 1. For the purpose of recalling any public officer, there may be filed with the office with whom the petition for nomination to such office is required by law to be filed, a petition signed by electors who voted in the state, or in the county district or municipality electing such officer, equal in number to 25 percent of the votes cast in the state, or in the county, district or municipality, for the office of justice of the supreme court at the last preceding election.
2. The petition shall also contain the residence addresses of the signers, and shall set forth in not to exceed 200 words the reason why the recall is demanded.
Sec. 252. The petition shall consist of any number of copies thereof, identical in form with the original, except for the signatures and residence addresses of the signers. Each copy shall be verified by at least one of the signers thereof, who shall swear or affirm, before an officer authorized by law to administer oaths, that the statements and signatures contained in the petition are true.
Sec. 253. Upon the filing of the petition, the officer with whom the petition is filed shall, not sooner than 10 days nor more than 20 days thereafter, issue a call for a special election to be held within 20 days after the issuance of the call therefor, in the state, or in the county, district or municipality electing such officer, to determine whether the people shall recall such officer.
Sec. 254. 1. If the officer offers his resignation prior to the issuance of the call for the special election, the resignation shall be accepted, and the vacancy thereby caused shall be filled in the manner provided by law.
2. If the officer does not resign, he shall continue to perform the duties of his office until the result of the special election is declared.
Sec. 255. 1. Upon the ballot for the election there shall be printed verbatim, as set forth in the recall petition, the reason for demanding the recall of the officer, and in not more than 200 words, if furnished by him, the officers justification of his course in office.
κ1960 Statutes of Nevada, Page 283 (CHAPTER 157, SB 67)κ
2. Where voting machines are used, the reason for demanding the recall of the officer and the officers justification shall not be printed on the ballot label, but shall be printed on sample ballots which may be mailed to all registered voters or presented to registered voters upon their application to vote.
Sec. 256. 1. If there are no other candidates nominated to be voted for at the special election, there shall be printed on the ballot and ballot label the name of the officer sought to be recalled, the office which he holds, and the words For Recall and Against Recall.
2. If there are other candidates nominated for the office to be voted for at the special election, there shall be printed upon the ballot and ballot label the name of the officer sought to be recalled, and the office which he holds, and the name or names of such other candidates as may be nominated to be voted for at the special election, and the words For Recall and Against Recall shall be omitted.
3. In other respects the ballot shall conform with the requirements of the election laws of this state.
Sec. 257. 1. If there are other candidates nominated to be voted for at the special election, the candidate who receives the highest number of votes at the special election shall be declared elected for the remainder of the term, whether it be the person against whom the recall petition was filed or another.
2. If any officer is recalled upon a special election and other candidates are not nominated to be voted for at the special election, the vacancy thereby created shall be filled in the manner provided by law.
Sec. 258. 1. Except as provided in subsection 2, no petition for the recall of any public officer shall be circulated or filed against any such officer until he has held his office 6 months.
2. A petition may be filed against a state senator or an assemblyman at any time after 10 days from the beginning of the first session of the legislature after his election.
Sec. 259. After one recall petition is filed and a special election held, no further recall petition may be filed against the same officer during the term for which he was elected unless the petitioners pay into the public treasury from which the expenses of the special election have been paid the whole amount paid out of the public treasury as expenses for the preceding special election.
Sec. 260. 1. Other candidates for the office may be nominated to be voted for at the special election by petition, which petition shall be signed by electors of the state, or of the county, district or municipality holding the election, equal in number to 25 percent of the number of registered voters who voted in the state, or in the county, district or municipality holding the election at the last preceding general election.
2. The nominating petition shall be filed, at least 15 days prior to the date of the special election, with the officer with whom the recall petition is filed.
Sec. 261. Any special election shall be conducted as provided herein for primary and general elections.
κ1960 Statutes of Nevada, Page 284 (CHAPTER 157, SB 67)κ
Sec. 262. The general election laws of this state, so far as applicable, shall apply to all elections held under this chapter.
Sec. 263. NRS 244.090 is hereby amended to read as follows:
244.090 1. Except as provided in subsections 4 and 5, special meetings may be called by the chairman whenever there is sufficient business to come before the board, or upon the written request of a majority of the board.
2. The clerk of the board shall give written notice of each special meeting to each member of the board by personal delivery of the notice of the special meeting to each member at least 1 day before the meeting or by mailing the notice to each members place of residence in the county by deposit in the United States mails, postage prepaid, at least 4 days before the meeting.
3. The notice shall specify the time, place and purpose of the meeting. If all of the members of the board are present at a special meeting, lack of notice shall not invalidate the proceedings.
4. When there is any county, township or precinct office no officer duly authorized to execute the duties thereof, and it is necessary that a temporary appointment be made to fill such office, as otherwise provided by law, the board of county commissioners is authorized and empowered to, and the board shall forthwith, hold a special meeting for such purpose. The meeting may be held by unanimous consent of the board, or, if for any cause such consent cannot be obtained, then the chairman or any other member of the board having knowledge of such necessity shall forthwith call such special meeting and notify the other members thereof. The meeting shall be held as soon as practicable, but not less than 3 days, except by unanimous consent, after actual notice to all members of the board, whereupon a majority thereof shall proceed to act upon such appointment as provided by law.
5. The board shall also meet [as provided in chapter 296 of NRS] after each general election to canvass election returns [.] in the same manner that general election returns are canvassed.
Sec. 264. NRS 283.460 is hereby amended to read as follows:
283.460 [As provided in chapter 302 of NRS, every] Every public officer is subject to recall from office by the qualified electors of the state or of the county, district or municipality from which he was elected [.] in the manner provided by sections 249 to 261, inclusive, of this act.
Sec. 265. NRS 386.250 is hereby amended to read as follows:
386.250 1. Candidates for the office of trustee shall be nominated [as provided in chapter 294 of NRS.] in the manner provided by the primary election laws of this state.
2. The declaration of candidacy, the designation of nomination, and the acceptance of nominations by candidates for the office of trustee of county school districts shall be filed with the county clerk of the county whose boundaries are conterminous with the county school district boundaries.
3. The declaration of candidacy, the designation of nomination and the acceptance of nominations by candidates for the office of trustee of a joint school district shall be filed with the county clerk of the county whose boundaries are conterminous with the school trustee election district boundaries.
κ1960 Statutes of Nevada, Page 285 (CHAPTER 157, SB 67)κ
of a joint school district shall be filed with the county clerk of the county whose boundaries are conterminous with the school trustee election district boundaries.
Sec. 266. NRS 386.260 is hereby amended to read as follows:
386.260 1. Trustees shall be elected as provided [in chapters 296, 300 and 303 of NRS.] in the election laws of this state.
2. After the close of any election, and in accordance with law, the board of county commissioners shall make abstracts of the votes cast for trustees and shall immediately transmit the abstracts to the board of trustees of the county school district or joint school district, as the case may be. Upon receipt of the abstracts, the board of trustees shall:
(a) Meet forthwith.
(b) Examine the abstracts.
(c) Declare the results of the election.
(d) Order the clerk of the board of trustees to issue election certificates to the candidates elected.
3. Immediately, the clerk of the board of trustees shall transmit a copy of each election certificate to the superintendent of public instruction.
Sec. 267. 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 387.535, 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) Finds 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.
(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 county school district to register to vote pursuant to the provisions of [chapter 292 of NRS;] the election laws of this state; and
(b) Allow sufficient time for the county clerk to perform the duties required of him by [chapter 292 of NRS.] the election laws of this state.
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. 268. NRS 387.360 is hereby amended to read as follows:
κ1960 Statutes of Nevada, Page 286 (CHAPTER 157, SB 67)κ
387.360 1. All school bond elections shall be conducted as nearly as practicable in the manner provided [in chapter 296 of NRS.] for the conduct of general elections.
2. Upon receipt of the certified copies of the resolution adopted by the board of trustees as provided in NRS 387.345, the board of county commissioners and the county clerk shall perform the duties required by law for holding elections in the several counties, and the election shall be conducted as nearly as practicable in all respects as if it were a county election.
3. The board of county commissioners charged with conducting a special school bond election may, for the purposes of the election, divide the county into special election or consolidated election precincts by consolidating existing precincts, or otherwise, and may change and alter the precincts for such elections, as often as occasion requires.
4. The costs of holding a school bond election consolidated with a general election shall be borne by the county, but the expenses of printing necessary ballots and forms of affidavit shall be paid by the county school district.
5. The costs of holding a special school bond election shall be borne by the county school district.
6. Costs incurred by a board of trustees of a county school district for holding a school bond election shall be a proper charge against the county school district fund notwithstanding that such costs have not been budgeted in accordance with law.
Sec. 269. NRS 387.375 is hereby amended to read as follows:
387.375 1. Every citizen of the United States, 21 years of age or over, who has continuously resided in this state 6 months and in the county 30 days and in the precinct 10 days next preceding the day of a school bond election, shall be entitled to vote at such election if he has complied with the registration laws of this state.
2. If a registered elector is the owner of or the spouse of the owner of real property in the county school district, assessed on the assessment roll of the county, he shall, after making the required affidavit, be furnished, by an election officer conducting the election, a ballot printed on colored paper. All such ballots, when voted, shall be deposited in the ballot box.
Before any person shall be allowed 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 or the spouse of the owner of real property so assessed in the county school district.
3. If a registered elector is not the owner of or the spouse of the owner of real property in the county school district, assessed on the assessment roll of the county, he shall be furnished, by an election officer conducting the election, a ballot printed on white paper. All such ballots, when voted, shall be deposited in the ballot box.
4. The provisions of [chapter 300 of NRS] the election laws of this state relating to absent voting shall apply to all school bond elections except:
(a) The application of an absent voter shall be accompanied with a statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the county school district.
κ1960 Statutes of Nevada, Page 287 (CHAPTER 157, SB 67)κ
statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the county school district.
(b) Upon receipt of an application, if the county clerk shall determine that the applicant is entitled to vote at the election, the county clerk shall immediately, or as soon thereafter as the official absent voters ballot for the precinct in which the applicant resides has been printed, send to the absent voter by mail, postage prepaid, one official absent voters ballot of the proper color. If the applicant states that he is the owner of or the spouse of the owner of real property in the county school district, the county clerk shall enclose with the official absent voters ballot a form of affidavit to be executed by the applicant before a notary public or other officer authorized to administer oaths showing that he is the owner of or the spouse of the owner of real property in the county school district.
(c) The county clerk shall enclose with the official absent voters ballot and the form of affidavit, when required, an envelope which shall bear upon the front thereof the name, official title and post office address of the county clerk, and upon the other side a printed affidavit substantially in the form provided by law, stating that the elector is entitled to vote in the election.
(d) The absent voter shall mark his ballot, fold it so as to conceal the vote, and together with the executed affidavit showing that he is the owner of or the spouse of the owner of real property in the county school district, if required, shall deposit them in the envelope provided, securely seal the envelope and mail it, postage prepaid.
(e) On the day of the election, the board of election which received the absent voters ballots from the county clerk shall, in the presence of a majority of the number of the election board officers, proceed to deposit the ballots in the ballot box in the following manner. The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person by the comparison of the signature on the back of the envelope with the voters signature on the original affidavit of registration. If it is found that the voter is entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and if the number on the envelope agrees with the number on the ballot, and if the ballot is not a colored ballot, it shall then, without being examined or unfolded, be deposited in the ballot box provided for the bond election. If the ballot is a colored ballot and is accompanied with the executed affidavit of the voter showing that he is the owner of or the spouse of the owner of real property in the county school district, it shall then, without being examined or unfolded, be deposited in the ballot box. Any colored ballot which is not accompanied with an executed affidavit shall be rejected by the election board.
Sec. 270. NRS 387.380 is hereby amended to read as follows:
387.380 Notwithstanding any other provision of NRS 387.335 to 387.525, inclusive, at any school bond election ballots or votes may be cast, registered, recorded and counted by means of voting machines, as provided in [chapter 303 of NRS.] the election laws of this state.
Sec. 271. NRS 387.535 is hereby amended to read as follows:
κ1960 Statutes of Nevada, Page 288 (CHAPTER 157, SB 67)κ
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;] the election laws of this state; and
(b) Allow sufficient time for the county clerks to perform the duties required of them by [chapter 292 of NRS.] the election laws of this state.
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 counties whose areas are within the joint school district of the intention of such board of trustees to consider any such resolution.
Sec. 272. NRS 387.555 is hereby amended to read as follows:
387.555 1. All school bond elections in a joint school district shall be:
(a) Held separately and simultaneously in each of the counties the areas of which comprise the joint school district.
(b) Conducted as nearly as practicable in the manner provided [in chapter 296 of NRS.] by the general election laws of this state.
2. Upon receipt of the certified copies of the resolution adopted by the board of trustees as provided in NRS 387.540, each board of county commissioners and each county clerk shall perform the duties required by law for holding elections in the several counties, and the election shall be conducted as nearly as practicable in all respects as if it were a county election.
3. Each board of county commissioners charged with conducting a special school bond election may, for the purposes of the election, divide the county into special election or consolidated election precincts by consolidating existing precincts, or otherwise, and may change and alter the precincts for such elections, as often as occasion requires.
4. The costs of holding a school bond election consolidated with a general election shall be borne by the counties, but the expenses of printing necessary ballots and forms of affidavits shall be paid by the joint school district.
κ1960 Statutes of Nevada, Page 289 (CHAPTER 157, SB 67)κ
printing necessary ballots and forms of affidavits shall be paid by the joint school district.
5. The costs of holding a special school bond election shall be borne by the joint school district.
6. Costs incurred by a board of trustees of a joint school district for holding a school bond election shall be a proper charge against the joint school district fund notwithstanding that such costs have not been budgeted in accordance with law.
Sec. 273. NRS 387.570 is hereby amended to read as follows:
387.570 1. Every citizen of the United States, 21 years of age or over, who has continuously resided in this state 6 months and in the county 30 days and in the precinct 10 days next preceding the day of a school bond election, shall be entitled to vote at such election if he has complied with the registration laws of this state.
2. If a registered elector is the owner of or the spouse of the owner of real property in a county the area of which is within the joint school district, assessed on the assessment roll of the county, he shall, after making the required affidavit, be furnished, by an election officer conducting the election, a ballot printed on colored paper. All such ballots, when voted, shall be deposited in the ballot box.
Before any person shall be allowed 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 or the spouse of the owner of real property so assessed in the county the area of which is within the joint school district.
3. If a registered elector is not the owner of or the spouse of the owner of real property in a county the area of which is within the joint school district, assessed on the assessment roll of the county, he shall be furnished, by an election officer conducting the election, a ballot printed on white paper. All such ballots, when voted, shall be deposited in the ballot box.
4. The provisions of [chapter 300 of NRS] the election laws of this state relating to absent voting shall apply to all school bond elections except:
(a) The application of an absent voter shall be accompanied with a statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the county in which he is qualified to vote.
(b) Upon receipt of an application, if the county clerk shall determine that the applicant is entitled to vote at the election, the county clerk shall immediately, or as soon thereafter as the official absent voters ballot for the precinct in which the applicant resides has been printed, send to the absent voter by mail, postage prepaid, one official absent voters ballot on the proper color. If the applicant states that he is the owner of or the spouse of the owner of real property in the county in which he is qualified to vote, the county clerk shall enclose with the official absent voters ballot a form of affidavit to be executed by the applicant before a notary public or other officer authorized to administer oaths showing that he is the owner of or the spouse of the owner of real property in the county in which he is qualified to vote.
κ1960 Statutes of Nevada, Page 290 (CHAPTER 157, SB 67)κ
by the applicant before a notary public or other officer authorized to administer oaths showing that he is the owner of or the spouse of the owner of real property in the county in which he is qualified to vote.
(c) The county clerk shall enclose with the official absent voters ballot and the form of affidavit, when required, an envelope which shall bear upon the front thereof the name, official title and post office address of the county clerk, and upon the other side a printed affidavit substantially in the form provided by law, stating that the elector is entitled to vote in the election.
(d) The absent voter shall mark his ballot, fold it so as to conceal the vote, and together with executed affidavit showing that he is the owner of or the spouse of the owner of real property in the county in which he is qualified to vote, if required, shall deposit them in the envelope provided, securely seal the envelope and mail it, postage prepaid.
(e) On the day of the election, the board of election which received the absent voters ballots from the county clerk shall, in the presence of a majority of the number of the election board officers, proceed to deposit the ballots in the ballot box in the following manner. The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person by the comparison of the signature on the back of the envelope with the voters signature on the original affidavit of registration. If it is found that the voter is entitled to cast his vote, the envelope is then, but not until then, opened, the number town off, and if the number on the envelope agrees with the number on the ballot, and if the ballot is not a colored ballot, it shall then, without being examined or unfolded, be deposited in the ballot box provided for the bond election. If the ballot is a colored ballot and is accompanied with the executed affidavit of the voter showing that he is the owner of or the spouse of the owner of real property in the county in which he is qualified to vote, it shall then, without being examined or unfolded, be deposited in the ballot box. Any colored ballot which is not accompanied with an executed affidavit shall be rejected by the election board.
Sec. 274. NRS 387.575 is hereby amended to read as follows:
387.575 Notwithstanding any other provision of NRS 387.530 to 387.720, inclusive, at any school bond election ballots or votes may be cast, registered, recorded and counted by means of voting machines, as provided in [chapter 303 of NRS.] the election laws of this state.
Sec. 275. Chapters 292, 294, 296, 299, 300, 301, 302, 303 and 305 of NRS are hereby repealed.
Sec. 276. All the provisions of laws and statutes, and all parts thereof, repealed or amended by this act, shall be deemed to have remained in force from the time when they began to take effect, so far as they may apply to any election ordered to be held at the time this act becomes effective, notwithstanding such repeal or amendment; no act done, or right accrued, or obligation incurred or imposed by law, prior to the effective date of any such repeal or amendment, shall be affected thereby; any such repeal or amendment shall not affect any act done, or any cause of action accrued or established, nor any plea, defense, bar or matter subsisting before the time when such repeal or amendment shall take effect; and no fine, forfeiture or penalty incurred under laws or statutes existing prior to the effective date of this act shall be affected by any such repeal or amendment of existing laws or statutes, but the recovery of such fines and forfeitures and the enforcement of such penalties shall be effected as if the law or statute repealed or amended had still remained in effect.
κ1960 Statutes of Nevada, Page 291 (CHAPTER 157, SB 67)κ
act done, or any cause of action accrued or established, nor any plea, defense, bar or matter subsisting before the time when such repeal or amendment shall take effect; and no fine, forfeiture or penalty incurred under laws or statutes existing prior to the effective date of this act shall be affected by any such repeal or amendment of existing laws or statutes, but the recovery of such fines and forfeitures and the enforcement of such penalties shall be effected as if the law or statute repealed or amended had still remained in effect.
Sec. 277. 1. This act shall become effective on January 16, 1961.
2. The director of the statute revision commission is directed, prior to the effective date of this act:
(a) To prepare the contents of this act in NRS form.
(b) To cause to be printed an adequate number of copies of the contents of this act in NRS form and distribute the same free of charge to members and members-elect of the 51st session of the legislature, all county clerks, and all other interested persons.
________
Senate Bill No. 123Committee on Mining
CHAPTER 158
AN ACT to amend NRS sections 517.040 and 517.050, relating to location work to be performed within 90 days of posting a mining claim location notice, and to recording of such claim, by changing the requirements for such work; by allowing such work to be done on contiguous claims; by changing the contents required in location certificates; and by providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 517.040 is hereby amended to read as follows:
517.040 1. Within 90 days of the date of posting the location notice, the locator of a lode mining claim shall perform the location work prescribed in subsection 2.
2. [The locator of the lode mining claim must sink upon the claim located a discovery shaft 4 feet by 6 feet to the depth of at least 10 feet from the lowest part of the rim of such shaft at the surface, or deeper, if necessary to show by such work a lode deposit of mineral in place. A cut or crosscut or tunnel which cuts the lode at a depth of 10 feet or an open cut along the ledge or lode, equivalent in size to a shaft 4 feet by 6 feet by 10 feet deep, is equivalent to a discovery shaft.] The locator of the lode mining claim shall, within the time required by subsection 1, expend at least $100 in drilling, shaft sinking, crosscutting, or such other excavation work as shall tend to advance the exploration of such claim, or shall perform work of such nature himself which would have cost $100 if performed by another. The measure of the cost of such work shall be the prevailing rate of wages and other costs in the district in which the mine is located.
κ1960 Statutes of Nevada, Page 292 (CHAPTER 158, SB 123)κ
and other costs in the district in which the mine is located. Such expenditure or such work may be made or done at any one or more points within a group of contiguous claims not exceeding 10, if it will result in tending to advance the exploration of such claims as a group, and if the expenditure or work done on the group aggregates $100 for each 20 acres or fraction thereof.
Sec. 2. NRS 517.050 is hereby amended to read as follows:
517.050 1. Within 90 days of the date of posting the location notice upon the claim of the locator, he must record his claim with the mining district recorder of the mining district or the county recorder of the county in which such claim is situated by a location certificate, which must contain:
(a) The name of the lode or vein.
(b) The name of the locator or locators, together with the post office address of such locator or locators.
(c) The date of the location and such description of the location of the claim, with reference to some natural object or permanent monument, as will identify the claim.
(d) The number of linear feet claimed in length along the course of the vein each way from the point of discovery with the width on each side of the center of the vein, and the general course of the lode or vein as near as may be.
(e) [The dimensions and locations of the discovery shaft or its equivalent sunk upon the claim.] A description and the location of the work done upon the claim and the cost thereof, and, if the expenditures so made are at a point or points within a group of contiguous claims for the benefit of all such claims, the specific names of all the claims in such group, and a description of the work and the location of the point or points where the work has been done within a particular claim or claims, and the total cost thereof.
(f) The location and description of each corner, with the markings thereon.
2. Any record of the location of a lode mining claim which shall not contain all the requirements named in this section shall be void, and every location of a mining claim made after July 1, 1941, shall be absolutely void unless a certificate of location thereof substantially complying with the above requirements is recorded with the county recorder of the county in which the claim is located within 90 days after the date of location.
________
κ1960 Statutes of Nevada, Page 293κ
Senate Bill No. 143Committee on Judiciary
CHAPTER 159
AN ACT relating to elections; to amend chapter 301 of NRS, relating to voting and mailing precincts, by adding a new section providing for mailing precincts in distant or inaccessible areas; to amend NRS sections 294.255, 296.105, 296.180, 303.180 and 303.185, relating to voting hours, compensation of election officers and forms of ballots and ballot labels, by changing voting hours in counties having more than 25,000 registered voters; by changing compensation of some election officers; by providing for the listing of candidates names on certain voting machines; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 301 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The county commissioner may designate distant or inaccessible precincts as mailing precincts, and the registered voters of such precincts may vote by absent ballot.
2. All employees in the county clerks office who are charged with duties concerning absent ballots, and who supervise absent voting by voting machine, shall constitute an absent ballot counting board.
3. The ballots of all mailing precincts and such other precincts with a small number of voters as the county clerk may designate shall be counted by the absent ballot counting board.
4. The county clerk shall:
(a) Compare the signature on each mailing precinct absent ballot carrier envelope with the signature on the affidavit of registration immediately upon receipt of such ballot.
(b) Record in the absent ballot record book the date of receipt and the disposition of each such ballot.
(c) Segregate such ballots by precinct and deliver them to the absent ballot counting board on election day.
5. On the day of election, the absent ballot counting board shall count such ballots. The ballots shall not be counted nor shall the results of such count be released until the polls have closed.
Sec. 2. NRS 294.255 is hereby amended to read as follows:
294.255 1. [The] Except as provided in subsection 3, the polls shall open at 8 a. m. and close at 6 p. m., and no adjournment or intermission whatever shall take place until the polls are closed and until all the votes cast at the polls are counted and the result publicly announced.
2. The provisions of subsection 1 shall not be deemed to prevent a temporary recess while election officers are taking meals or for other necessary delay, but no more than two members of the board shall at any time be absent from the polling place.
3. In counties having more than 25,000 registered voters, the polls shall open at 7 a. m. and close at 7 p. m.
Sec. 3. NRS 296.105 is hereby amended to read as follows:
κ1960 Statutes of Nevada, Page 294 (CHAPTER 159, SB 143)κ
296.105 1. There shall be allowed out of the county treasury to each inspector of election and to each clerk of election $10 per period of voting or counting.
2. Each member of the counting board shall receive the sum of $10 per period of counting, the hours from 6 p. m. to 2 a. m. to constitute one period of counting for the county board. From and after 2 a. m., each member of the counting board shall receive, as added compensation, $2 per hour.
3. Where a combined voting and counting board is used, each member of the combined board shall receive $10 per period of voting until such time as the combined board shall begin counting. At the time the combined board begins counting, each member thereof shall receive as added compensation the sum of $2 per hour.
4. There shall be paid out of the county treasury to the person carrying the pollbooks from the place of election to the clerks office the sum of 15 cents per mile for going and 15 cents per mile for returning.
5. Wherever election board workers are required to work from 7 a. m. to 7 p. m., or wherever voting machines are used, such workers shall each receive $15 for all services rendered, including the filling out of return sheets after the polls are closed.
Sec. 4. NRS 296.180 is hereby amended to read as follows:
296.180 1. The names of the candidates for each office shall be arranged on the ballot under the designation of the office, in alphabetical order, according to the surnames of such candidates, and the political designation of each candidate, except in the case of candidates for judicial offices and school offices, shall be printed opposite his name.
2. The names of the candidates for judicial offices and school offices shall be alphabetically arranged on the ballot according to surname under the title of the office for which they are candidates, and the word Nonpartisan shall be placed after the name of each such candidate. No words designating the party affiliation of any candidate for a judicial office or school office shall be printed upon the ballot.
3. Candidates for township offices and assembly district offices shall be listed respectively on the ballots issued to the voters of the townships and assembly districts entitled to vote for such officers. Care shall be exercised that no voter of one township or assembly district shall have the opportunity to vote for the officers of another township or assembly district.
4. There shall be a square at the right hand side of the name and party or nonpartisan designation of each candidate at least one-half inch square, so that the voters may clearly indicate, in the way prescribed by law, the candidate or candidates for whom they wish to vote.
5. There shall be printed on the ballots opposite the designation of each office such words as will aid the voter to indicate his choice of candidate, such as Vote for not more than one, Vote for not more than three, and the like.
6. Where voting machines with horizontal or vertical ballot rows are used, the candidates names shall be listed horizontally or vertically in alphabetical sequence.
κ1960 Statutes of Nevada, Page 295 (CHAPTER 159, SB 143)κ
are used, the candidates names shall be listed horizontally or vertically in alphabetical sequence. If it is necessary to employ more than one horizontal or vertical row for the names of candidates for one office, the names shall be continued on each next succeeding row in alphabetical order until the list of names is complete.
Sec. 5. NRS 303.180 is hereby amended to read as follows:
303.180 [Voting] 1. Except as provided in subsection 2, voting machines shall provide for the same order of the list of candidates for any office as on ballots where voting machines are not used.
2. Where voting machines with horizontal or vertical ballot rows are used, the candidates names shall be listed horizontally or vertically in alphabetical sequence. If it is necessary to employ more than one horizontal or vertical row for the names of candidates for one office, the names shall be continued on each next succeeding row in alphabetical order until the list of names is complete.
Sec. 6. NRS 303.185 is hereby amended to read as follows:
303.185 [The] 1. Except as provided in subsection 2, the voting devices for the candidates at primary elections shall be arranged in separate parallel party lines, one or more lines for each party and in parallel office rows transverse thereto, and for general elections shall conform as nearly as practicable to the form of ballot provided for general elections where voting machines are not used.
2. Where voting machines with horizontal or vertical rows are used, the candidates names shall be listed horizontally or vertically in alphabetical sequence. If it is necessary to employ more than one horizontal or vertical row for the names of candidates for one office, the names shall be continued on each next succeeding row in alphabetical order until the list of names is complete.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 148Committee on Public Health
CHAPTER 160
AN ACT to amend NRS section 446.020, which defines food establishments, by excepting from such definition premises on which religious, charitable and other nonprofit organizations sell food products for the purpose of raising funds.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 446.020 is hereby amended to read as follows:
446.020 1. Food establishment means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food product intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food product is sold, offered or displayed for sale, or served.
κ1960 Statutes of Nevada, Page 296 (CHAPTER 160, SB 148)κ
2. This definition shall not be construed to include:
(a) Private homes.
(b) Fraternal or social clubhouses attendance at which is limited to club members.
(c) Any establishment the sanitation of which is specifically governed by other laws or rules and regulations of the state board of health.
(d) Vehicles operating on common carriers engaged in interstate commerce.
(e) Premises on which religious, charitable and other nonprofit organizations sell food products for the purpose of raising funds.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 153Committee on Judiciary
CHAPTER 161
AN ACT to amend chapter 286 of NRS, relating to the public employees retirement system, by adding a new section authorizing participation of the civilian employees of the Nevada national guard in such system; to repeal chapter 84, Statutes of Nevada 1960, relating to participation of the civilian employees of the Nevada national guard in the public employees retirement system; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Notwithstanding the provisions of any other section of this chapter, the Nevada national guard shall be regarded as an employing agency of the State of Nevada for the purpose of membership of the civilian employees of the Nevada national guard in the system.
2. Membership of such civilian employees of the Nevada national guard in the system may be retroactive at the option of the individual employee upon payment of all employee contributions for prior service. Contributions for prior service may be paid as provided in NRS 286.440.
3. No civilian employee of the Nevada national guard shall be entitled to become or continue as a member of the system if he has or obtains retirement coverage for his position as such civilian employee under a retirement program administered by the United States Government, to the end that no dual coverage shall result.
Sec. 2. Chapter 84, Statutes of Nevada 1960, is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 297κ
Assembly Bill No. 94Messrs. Knisley, Bastian, Bailey, Humphrey (Washoe) and Parks
CHAPTER 162
AN ACT to amend NRS section 281.160, relating to expenses of state employees and officers, by providing for uniform travel and subsistence allowances for such employees and officers while transacting public business away from their offices, and by creating restrictions; to amend NRS sections 218.220, 281.172, 463.312, 463.330, 513.060 and 645.140, relating to expenses of legislators and members of the advisory mining board, expenditures of, and hearings before, the state gaming control board, expenses of the real estate commission and advancement of expenses of state officers and employees, by deleting all references to NRS section 281.170; to repeal NRS section 281.170, relating to expenses of state officers and employees; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.160 is hereby amended to read as follows:
281.160 1. When any district judge, state officer, commissioner, representative of the state, or other state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the public funds are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, shall be entitled to receive his [necessary] expenses in the transaction of public business outside the [state, such person shall be paid a per diem allowance not exceeding $15 per day, and also an allowance for transportation, but the amount allowed for traveling by a private conveyance shall not exceed the amount charged by public conveyance. As used in this subsection necessary expenses shall not include the costs of personal laundry, recreation or entertainment. The state board of examiners shall, by regulation:
(a) Require the itemization of expenses.
(b) Require receipts for intercity travel and hotel or motel accommodations.
(c) Adopt reasonable standards for the payment of necessary expenses for less than a full day of 24 hours.
2. Where it appears to the satisfaction of the state board of examiners that travel by private conveyance is more economical or where it appears that, owing to train or bus schedule or for other reasons, travel by public conveyance is impracticable, or in a case where a part of the route traveled is not covered by a public conveyance, the state board of examiners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed 8 cents per mile so traveled.] municipality or other area in which his principal office is located, such person shall be paid up to $15 for each 24-hour period during which he is away from such office.
2. Such person may receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners.
κ1960 Statutes of Nevada, Page 298 (CHAPTER 162, AB 94)κ
3. Such persons may also receive an allowance for transportation. Transportation shall be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles. The allowance for travel by private conveyance is 8 cents per mile so traveled.
4. The state board of examiners may adopt regulations, and may require other state agencies to adopt regulations, in accordance with the purpose and intent of this section, and a state agency may, with the approval of the state board of examiners, adopt an expense reimbursement rate of less than $15 for each 24-hour period where unusual circumstances make such rate desirable.
[3.] 5. Before any district judge, state officer, commissioner, representative or other employee of the state shall travel on official business outside the state, he shall make written request for and receive permission for such travel as provided in this subsection. Requests shall be submitted, on forms approved by the state board of examiners, [which forms shall contain such information as may be required by the board. Requests shall be submitted] to the director of the budget at least 10 working days prior to the beginning of travel and no travel shall be authorized except after having been approved by the director of the budget. The director of the budget may refuse permission for such travel only if there are insufficient funds for out-of-state travel or if the method of travel does not conform to the regulations approved by the state board of examiners. If the director of the budget disapproves such request for permission to travel, the applicant therefor may appeal the decision to the state board of examiners, whose decision shall be rendered at its next regular meeting. Such determination shall be final. In emergencies, the director of the budget, upon good cause shown by the applicant, may consider requests for travel [outside the state] submitted to him less than 10 working days prior to the beginning of travel. Claims for reimbursement for travel which is not approved by the director of the budget shall be considered by the state board of examiners at a regular meeting.
Sec. 2. NRS 218.220 is hereby amended to read as follows:
218.220 1. Notwithstanding the provisions of NRS [281.170] 281.160 or any other law, the per diem expense allowance and the travel expenses of senators and assemblymen duly elected or appointed and in attendance at any session of the legislature shall be allowed in the manner set forth in this section.
2. If a senator or assemblyman travels daily from his home to sessions of the legislature, he shall be allowed for each mile between the capital and his home, for each day the house of the legislature to which he belongs is actually convened or for each day he travels to the capital on official legislative business, travel expenses at the rate of 10 cents per mile traveled.
3. If the senator or assemblyman does not travel from home daily but takes up a temporary residence in the vicinity of the capital for the duration of the legislative session, he shall be allowed a per diem expense allowance of $15 for each day he is away from his home and for the entire period that the legislature is in session.
κ1960 Statutes of Nevada, Page 299 (CHAPTER 162, AB 94)κ
expense allowance of $15 for each day he is away from his home and for the entire period that the legislature is in session.
4. Claims for expenses made under the provisions of this section shall be made in the same manner as other claims are made against the state, and shall be allowed and paid from the legislative fund once each week.
Sec. 3. NRS 281.172 is hereby amended to read as follows:
281.172 1. Any state officer or employee may apply for advance funds for authorized travel expenses and subsistence allowances arising out of his official duties or employment, in the amounts as provided for in NRS 281.160, [and 281.170,] by filing a request with the administrative head of the state office, department or agency by which he is employed.
2. If such administrative head approves the request he shall forward a copy of such request and approval to the state treasurer.
3. Upon receiving a copy of such request and approval from such administrative head, the state treasurer or his deputy may issue a check or warrant drawn upon the travel revolving fund for the amount of the advance requested.
Sec. 4. NRS 463.312 is hereby amended to read as follows:
463.312 1. The complaint referred to in NRS 463.310 and 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.
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)
κ1960 Statutes of Nevada, Page 300 (CHAPTER 162, AB 94)κ
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 paragraph (d) of subsection 5, all objections to the form of the complaint shall be deemed waived.
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.
κ1960 Statutes of Nevada, Page 301 (CHAPTER 162, AB 94)κ
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 NRS 463.315.
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. 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] 281.160 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.
κ1960 Statutes of Nevada, Page 302 (CHAPTER 162, AB 94)κ
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.
(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;
κ1960 Statutes of Nevada, Page 303 (CHAPTER 162, AB 94)κ
(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 it if 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; 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.
κ1960 Statutes of Nevada, Page 304 (CHAPTER 162, AB 94)κ
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. 5. NRS 463.330 is hereby amended to read as follows:
463.330 1. Costs of administration of this chapter incurred by the commission and the gaming control board shall be paid from the general fund on claims presented by the 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 this chapter.
2. In order to facilitate the confidential investigation of violations of this chapter and the regulations adopted by the 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 concerning the enforcement of this chapter, including the prepayment of expenses where necessary, whether such expenses be incurred for investigation of known or suspected violations hereof.
κ1960 Statutes of Nevada, Page 305 (CHAPTER 162, AB 94)κ
board engaged in confidential investigations concerning the enforcement of 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] 281.160 or any act amendatory thereof or supplemental thereto.
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 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 this chapter. Expenditures hereunder shall not exceed $15,000 in any 1 calendar year.
Sec. 6. NRS 513.060 is hereby amended to read as follows:
513.060 1. The members of the board shall serve without pay.
2. They shall be entitled to receive their actual traveling and living expenses at the same rate and in accordance with the provisions of NRS 281.160. [and 281.170.]
Sec. 7. NRS 645.140 is hereby amended to read as follows:
645.140 1. All fees and charges received by the commission shall be deposited in a fund to be known as the Nevada real estate commission fund.
2. The commission is empowered to expend the fund for the requirements, purposes and expenses of the commission. Travel and per diem expenses shall be paid in accordance with NRS 281.160 [and 281.170] to members in attending meetings or transacting other business of the commission, upon vouchers signed by the secretary-treasurer and countersigned by the president or a member of the commission. In addition, members shall receive a salary not to exceed $20 per day while in attendance at regular or special meetings of the commission.
3. Total expenditures for any purpose shall not exceed total collections by the commission.
Sec. 8. NRS 281.170 is hereby repealed.
________
κ1960 Statutes of Nevada, Page 306κ
Assembly Bill No. 123Messrs. Bastian, Bleak, Bunker, Schouweiler and Miss Herr
CHAPTER 163
AN ACT to amend Title 40 of NRS, relating to public health and safety, by adding a new chapter creating a state alcoholism agency; defining terms; providing for the appointment and classification of a director and the appointment of an advisory board; defining the powers and duties of the agency and of the advisory board; prescribing the qualifications of the director and members of the advisory board; appropriating $25,000 for the support of such agency; and by providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 25, inclusive, of this act.
Sec. 2. As used in this act, unless the context requires otherwise:
1. Agency means the state alcoholism agency.
2. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, morals, safety or welfare of himself or any other person or group of persons.
3. Arrested alcoholic means an alcoholic who has found a way to live normally without the use of alcoholic beverages.
4. Board means the state alcoholism advisory board.
5. Director means the director of the state alcoholism agency.
Sec. 3. The state alcoholism agency is hereby created. The agency shall be responsible to the governor and the legislature of the State of Nevada.
Sec. 4. The governor shall appoint a director of the agency. The director shall be an arrested alcoholic who has maintained continued sobriety for 2 years immediately preceding his appointment. He shall be an active member of the group commonly known as Alcoholics Anonymous and shall be in the classified service of the state under the provisions of chapter 284 of NRS. The director shall be allowed the per diem expense allowances and travel expenses as fixed by law.
Sec. 5. The agency shall:
1. Promote and operate programs for the rehabilitation of alcoholics.
2. Promote, through privately established rehabilitation centers, a system for the employment of arrested alcoholics.
Sec. 6. The agency may make recommendations to the governor and the legislature concerning the promotion and operation of programs for the rehabilitation and care of alcoholics.
Sec. 7. The agency may, in performing its duties:
1. Promote and conduct educational training, prevention programs and research necessary to effectuate the purposes of this chapter.
2. Promote or establish cooperative relations with courts, hospitals, clinics, medical and social agencies, public health authorities, law enforcement agencies, educational research organizations and other related groups.
κ1960 Statutes of Nevada, Page 307 (CHAPTER 163, AB 123)κ
enforcement agencies, educational research organizations and other related groups.
3. Promote the establishment and operation of public clinics and other public alcoholism facilities in local communities of Nevada.
4. Provide consultation services to public and private agencies and groups.
5. Assist organizations directly associated with the group commonly known as Alcoholics Anonymous or with the National Council of Alcoholism, Incorporated, by providing such organizations with essential materials for furthering programs of prevention of alcoholism and rehabilitation of alcoholics.
6. Cooperate with and assist political subdivisions of the state, educational institutions, religious organizations and other organized groups dealing with problems associated with alcoholism.
Sec. 8. The agency may:
1. By contracting with organizations affiliated with the National Council on Alcoholism, Incorporated, or other organizations, render partial financial assistance in the operation of rehabilitation centers established by these groups. Each such contract shall contain a provision allowing the legislative auditor to perform an audit of all accounts, books and other financial records of the organization with which the agency contracts.
2. Aid such established rehabilitation centers in the procurement of supplies and equipment and act as receiving agent for such centers in the procurement of government surplus from the state department of purchasing.
Sec. 9. The agency may, prior to acceptance of several alcoholic cases by rehabilitation centers, provide for treatment of such cases by hospitals and physicians.
Sec. 10. The agency may accept any gifts or bequests of personal property, tangible or intangible.
Sec. 11. In addition to the activities set forth in sections 6 to 10, inclusive, of this chapter, the agency may engage in any activity necessary to effectuate the purposes of this chapter.
Sec. 12. The governor shall appoint a state alcoholism advisory board consisting of seven members to serve at his pleasure. The board shall appoint one of its members chairman, who shall serve 1 year.
Sec. 13. Members of the board shall have the qualifications set forth in sections 14 to 21, inclusive, of this chapter.
Sec. 14. One member shall be a doctor of medicine licensed and engaged in the practice of medicine in Nevada for not less than 2 years immediately preceding his appointment. He shall be a member of the staff of a hospital in the state which is accredited by the Joint Commission on Accreditation of Hospitals. He shall be chosen from a list submitted to the governor by the Nevada State Medical Association, containing the names of at least three such qualified persons.
Sec. 15. One member shall be a psychiatrist licensed and engaged in the practice of psychiatry in Nevada for not less than 2 years immediately preceding his appointment. He shall be a member of the staff of a hospital which is accredited by the Joint Commission on Accreditation of Hospitals.
κ1960 Statutes of Nevada, Page 308 (CHAPTER 163, AB 123)κ
staff of a hospital which is accredited by the Joint Commission on Accreditation of Hospitals. He shall be qualified by training and experience to take the examination of the American Board of Psychiatry and Neurology, Inc. He shall be chosen from a list submitted to the governor by the Nevada State Medical Association, containing the names of at least three such qualified persons.
Sec. 16. One member shall be chosen from a list submitted to the governor by the general service representatives of the group known as the Nevada Fellowship of Alcoholics Anonymous, containing the names of at least three members of such group.
Sec. 17. One member shall be a professional welfare worker engaged in welfare work in Nevada for not less than 5 years immediately preceding his appointment, who is a member of the staff of a state or county welfare department. He shall be chosen from a list submitted to the governor by the state welfare board containing the names of at least three such qualified persons.
Sec. 18. One member shall be a law enforcement officer engaged in law enforcement in Nevada for not less than 5 years immediately preceding his appointment, who is a member of a state, county or municipal law enforcement agency in the state. He shall be chosen from a list submitted to the governor by the Nevada Peace Officers Association, containing the names of at least three such qualified persons.
Sec. 19. One member shall be a person who has been engaged for not less than 5 years immediately preceding his appointment as a full-time personnel director for a private company in Nevada with at least 500 employees.
Sec. 20. One member shall be a professional educator engaged in educational administration or instruction in Nevada for not less than 5 years immediately preceding his appointment. He shall have a masters degree or the equivalent thereof and be a member of the staff of the University of Nevada or a county school system of the state.
Sec. 21. Each member of the board shall be well informed on the nature and complications of the illness of alcoholism.
Sec. 22. The board is solely advisory in character and is not delegated any administrative authority or responsibility, but it may prescribe rules and regulations for its own management and government. It may advise the governor and the legislature on the rehabilitation and care of alcoholics.
Sec. 23. The board shall hold at least four meetings annually. Four members of the board shall constitute a quorum for the transaction of business.
Sec. 24. Board members shall serve without compensation, but are allowed the per diem expense allowances and travel expenses as fixed by law.
Sec. 25. Nothing in this chapter is affected by the provisions of chapter 449 of NRS, and this chapter and all rehabilitation centers authorized hereunder are hereby declared to be exempt and excluded from such provisions.
κ1960 Statutes of Nevada, Page 309 (CHAPTER 163, AB 123)κ
Sec. 26. There is hereby appropriated from the general fund in the state treasury the sum of $25,000 for the support of the state alcoholism agency and the state alcoholism advisory board, for the fiscal year 1960-1961.
________
Assembly Bill No. 186Mr. Bissett
CHAPTER 164
AN ACT to amend NRS section 692.135, relating to definitions in health and accident insurance policies, by defining the phrase medical or surgical services as including the services of a chiropodist; and by providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 692.135 is hereby amended to read as follows:
692.135 As used in any policy of accident and sickness insurance delivered, issued for delivery or used in this state, unless otherwise provided in the policy or in an endorsement thereon or in a rider attached thereto:
1. Accidental death means death by accident exclusively and independently of all other causes.
2. Confinement to house or house confinement includes the activities of a convalescent not able to be gainfully employed.
3. Medical or surgical services includes services rendered by a chiropodist licensed pursuant to the provisions of chapter 635 of NRS.
4. Total disability means inability to perform the duties of any gainful occupation for which the insured is reasonably fitted by training, experience and accomplishment.
________
κ1960 Statutes of Nevada, Page 310κ
Assembly Bill No. 190Mr. Bissett and Miss Herr
CHAPTER 165
AN ACT to amend chapter 644 of NRS, relating to cosmetology, by creating new provisions establishing additional qualifications for applicants for certain examinations after July 1, 1961, abolishing the classification of permanent wavers except for persons holding current licenses as permanent wavers; requiring a bond from the owner of each school of cosmetology, requiring certain information to be filed with the board, requiring prerequisite schooling time before students may work on the public, and prohibiting the advertising of student work unless expressly designated as such; to amend NRS sections 644.070, 644.200, 644.220, 644.240, 644.260, 644.300, 644.310, 644.320, 644.330, 644.340, 644.380, 644.400, 644.420 and 644.425, relating to the state board of cosmetology, certificates of registration and licenses, qualifications and examinations of applicants for licenses and examination and license fees and permits for demonstrations, by requiring the board to meet four times a year; by requiring additional qualifications of applicants; by changing scope of examinations; by changing license fees, by adding a reciprocity provision, by eliminating provisions concerning permanent wavers; by requiring additional information from applicants for school of cosmetology licenses, by requiring additional qualifications for instructors, by providing for inspections, by deleting provision requiring demonstrator to furnish certificate from physician; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 644.070 is hereby amended to read as follows:
644.070 1. The board shall hold meetings for the examination of applicants for registration and for the transaction of such other business as shall pertain to its duties at least [twice] four times a year. [, one of which meetings shall be held in the City of Reno.]
2. The board may hold such other meetings for the examination of applicants for registration or for the transaction of necessary business as, in its judgement, may be required, at such times and places as it may determine.
3. The members of the board shall each receive $10 per day for every meeting of the board which they attend. All such compensation shall be paid by the board out of the funds received by it, and no part thereof shall be paid by the state.
Sec. 2. NRS 644.200 is hereby amended to read as follows:
644.200 1. [Hairdresser and cosmetician. The] Until July 1, 1961, the board shall admit to examination for a certificate of registration as a registered hairdresser and cosmetician, at any meeting of the board duly held for the purpose of conducting examinations, any person who shall have made application to the board in proper form and paid the fee required by this chapter, and who: [is qualified as follows:]
(a) Is not less than 18 years of age.
(b) Is of good moral character and temperate habits.
(c) Has been a bona fide resident of Nevada for 6 months.
2. [Electrologist. The board shall admit to examination for a certificate of registration as an electrologist any person who has made application to the board in proper form and paid the fee required by this chapter, and who is qualified as follows:
κ1960 Statutes of Nevada, Page 311 (CHAPTER 165, AB 190)κ
certificate of registration as an electrologist any person who has made application to the board in proper form and paid the fee required by this chapter, and who is qualified as follows:
(a) Is not less than 18 years of age.
(b) Is of good moral character and temperate habits.
(c) Has been a bona fide resident of Nevada for 6 months.
(d) Has had any one of the following:
(1) A minimum training of 1,000 hours under the immediate supervision of an approved electrologist in an approved school in which the practice is taught.
(2) Study of the practice for at least 1,000 hours extending over a period of 5 consecutive months, under an electrologist licensed under this chapter, or a hairdresser and cosmetician so licensed.
3. Manicurist. The board shall admit to examination for a certificate of registration as a manicurist any person who has made application to the board in proper form and paid the fee required by this chapter, and who is qualified as follows:
(a) Is not less than 18 years of age.
(b) Is of good moral character and temperate habits.
(c) Has been a bona fide resident of Nevada for 6 months.
4. Permanent waver. The board shall admit to examination for a certificate of registration as a permanent waver any person who has made application to the board in proper form and paid the fee required by this chapter, and who is qualified as follows:
(a) Is not less than 18 years of age.
(b) Is of good moral character and temperate habits.
(c) Has been a bona fide resident of Nevada for 6 months.] On and after July 1, 1961, no person may be admitted to examination for registration as a hairdresser and cosmetician unless such person meets the requirements of subsection 1 and satisfies the board that he has successfully completed the 10th grade in school and that he has:
(a) Had training of at least 1,800 hours, extending over a school term of 10 months in a school of cosmetology approved by the board; or
(b) Practiced the occupation of a cosmetologist for a period of 4 years outside the State of Nevada; or
(c) Served for at least 2 years as a junior operator in a licensed cosmetological establishment in which all of the occupations of a cosmetologist are practiced.
Sec. 3. Chapter 644 of NRS is hereby amended by adding thereto the provisions set forth in sections 4 to 6, inclusive, of this act.
Sec. 4. 1. Until July 1, 1961, the board shall admit to examination for a certificate of registration as an electrologist any person who has made application to the board in proper form and paid the fee required by this chapter, and who:
(a) Is not less than 18 years of age.
(b) Is of good moral character and temperate habits.
(c) Has been a bona fide resident of Nevada for 6 months.
(d) Has or has completed any one of the following:
(1) A minimum training of 1,000 hours under the immediate supervision of an approved electrologist in an approved school in which the practice is taught.
κ1960 Statutes of Nevada, Page 312 (CHAPTER 165, AB 190)κ
supervision of an approved electrologist in an approved school in which the practice is taught.
(2) Study of the practice for at least 1,000 hours extending over a period of 5 consecutive months, under an electrologist licensed under this chapter, or a hairdresser and cosmetician so licensed.
(3) A valid electrology license issued by a state whose licensing requirements are equal to or greater than the State of Nevada.
(4) Either training or practice, or a combination of training and practice, in electrology outside the State of Nevada for such period as may be specified by rules of the board.
2. On and after July 1, 1961, no person may be admitted to examination for registration as an electrologist unless such person meets the requirements of subsection 1 and satisfies the board that he has successfully completed the 12th grade in school.
Sec. 5. 1. Until July 1, 1961, the board shall admit to examination for a certificate of registration as a manicurist any person who has made application to the board in proper form and paid the fee required by this chapter, and who:
(a) Is not less than 18 years of age.
(b) Is of good moral character and temperate habits.
(c) Has been a bona fide resident of Nevada for 6 months.
2. On and after July 1, 1961, no person may be admitted to examination for registration as a manicurist unless such person meets the requirements of subsection 1 and satisfies the board that he has completed the 10th grade in school and that he has:
(a) Had practical training of at least 350 hours extending over a period of not less than 3 months under the immediate supervision of a licensed instructor in a licensed school in which the practice is taught; or
(b) Practiced manicuring for a period of 1 year outside the State of Nevada.
Sec. 6. The classification of permanent waver is abolished, but any person who holds a current certificate of registration and license as a permanent waver may continue to engage in the practice of permanent waving and to renew his license in the manner provided prior to the effective date of this act.
Sec. 7. NRS 644.220 is hereby amended to read as follows:
644.220 1. The amounts of the examination fees and reexamination fees required by this chapter are those fixed by the following schedule:
(a) The fee for examination as a hairdresser and cosmetician is $15. The fee for each reexamination (other than a second examination, for which no fee shall be charged) is $5.
(b) [The fee for examination in permanent waiving is $12.50. The fee for each reexamination (other than a second examination, for which no fee shall be charged) is $5.
(c)] The fee for examination as an electrologist is $15. The fee for each reexamination (other than a second examination, for which no fee shall be charged) is $7.50.
[(d)] (c) The fee for examination as a manicurist is $10. The fee for each reexamination (other than a second examination, for which no fee shall be charged) is $2.50.
κ1960 Statutes of Nevada, Page 313 (CHAPTER 165, AB 190)κ
for each reexamination (other than a second examination, for which no fee shall be charged) is $2.50.
2. Each applicant referred to in subsection 1 shall, in addition to the fees specified therein, pay to the board the reasonable value of all supplies necessary to be used in the examination or examinations.
Sec. 8. NRS 644.240 is hereby amended to read as follows:
644.240 1. Examinations for certificates of registration as hairdressers and cosmeticians shall include:
(a) Practical demonstrations in shampooing the hair, hairdressing, [marcel waving, water] hair styling, finger waving, hair coloring, manicuring, facial massage, scalp massage with the hands, and cutting, trimming or shaping the hair of women and children.
(b) Written or oral tests in antisepsis, sterilization, sanitation, and the use of mechanical apparatus and electricity as applicable to the practice of the occupations of a hairdresser and cosmetician.
2. The examinations may include such other demonstrations and tests as the board, in its discretion, may require.
Sec. 9. NRS 644.260 is hereby amended to read as follows:
644.260 Every applicant for registration to engage in the practice of [permanent waving, or as an electrologist or manicurist,] electrolysis or manicuring, who shall pass a satisfactory examination conducted by the board to determine his fitness in the practice of [permanent waving, or] electrolysis or manicuring, shall receive from the board a certificate of registration and license to engage in the practice of [permanent waving,] electrolysis or manicuring, as the case may be, without additional cost, up to and including June 30 following the date of issue.
Sec. 10. NRS 644.300 is hereby amended to read as follows:
644.300 Every registered hairdresser and cosmetician, electrologist [,] and manicurist [and permanent waver] shall, within 30 days after changing his place of business, as designated on the books of the board, notify the secretary of the board of his new place of business, and, upon receipt of the notification, the secretary shall make the necessary change in the register.
Sec. 11. NRS 644.310 is hereby amended to read as follows:
644.310 Upon application to the board in due form, as provided in NRS 644.210, accompanied by [the required fee,] a fee of $25, a person registered as a hairdresser and cosmetician or in any branch of cosmetology under the laws of another state or territory of the United States or the District of Columbia may, without examination (unless the board, in its discretion, sees fit to require examination), be granted a certificate of registration and license to practice the occupation or occupations in which the applicant was previously registered, upon the following conditions:
1. That he is not less than [16] 18 years of age.
2. That he has been a resident of the state for at least 3 months.
3. That he is of good moral character and temperate habits.
4. That the requirements for registration or licensing of hairdressers and cosmeticians, and those engaged in the practice of any branch of cosmetology, in the particular state, territory or in the District of Columbia were, at the date of the previous registration or licensing, substantially equal to the requirements therefor then in force in this state.
κ1960 Statutes of Nevada, Page 314 (CHAPTER 165, AB 190)κ
branch of cosmetology, in the particular state, territory or in the District of Columbia were, at the date of the previous registration or licensing, substantially equal to the requirements therefor then in force in this state.
5. That the licensing authority in such other state, territory or in the District of Columbia issues, or would issue, licenses to persons registered in this state, under the same equivalent conditions.
Sec. 12. NRS 644.320 is hereby amended to read as follows:
644.320 1. Every licensed hairdresser and cosmetician, every licensed electrologist, and every licensed manicurist, [and every licensed permanent waver,] who continues in actual practice, shall, annually on July 1, have his license renewed by the board, upon payment of the required renewal fee.
2. Applications for renewal of licenses may be made to the board at any time during the month of June. For each month or fraction thereof after July 1 of each year in which a license remains unpaid, there shall be assessed and collected, at the time of payment of the license, a delinquency penalty of $2 for each month or fraction thereof.
3. The annual renewal fee for each license shall be [$3.50.] $5. Every license which has not been renewed on July 1 in each year shall expire on July 1.
Sec. 13. NRS 644.330 is hereby amended to read as follows:
644.330 1. A registered hairdresser and cosmetician, electrologist [,] or manicurist [or permanent waver] whose license has expired may have the same renewed only upon payment of the renewal fee provided for in NRS 644.320.
2. Any registered hairdresser and cosmetician, electrologist [,] or manicurist [or permanent waver] who retires from practice for more than 1 year may have his license restored only upon payment of all lapsed renewal fees.
3. No hairdresser and cosmetician, electrologist [,] or manicurist [or permanent waver] who has retired from practice for more than 3 years may have his license restored without examination, unless the board, in its discretion, sees fit to dispense with such examination.
Sec. 14. NRS 644.340 is hereby amended to read as follows:
644.340 1. Any person, firm or corporation desiring to operate a cosmetological establishment in which any one or a combination of the occupations of a hairdresser and cosmetician are practiced shall apply to the board for a certificate of registration and license, through the owner, manager or person in charge, in writing, upon blanks prepared and furnished by the board. Each application shall contain proof of the particular requisites for registration provided for in this chapter, and shall be verified by the oath of the maker.
2. Upon receipt by the board of the application accompanied by the annual registration fee, the board shall issue to the person, firm or corporation so applying the required certificate of registration and license.
3. The annual registration fee for a cosmetological establishment is [$3.50.] $10.00.
Sec. 15. NRS 644.380 is hereby amended to read as follows:
κ1960 Statutes of Nevada, Page 315 (CHAPTER 165, AB 190)κ
644.380 1. Any person, firm or corporation desiring to conduct a school of cosmetology in which any one or any combination of the occupations of a hairdresser and cosmetician are taught shall apply to the board for a certificate of registration and license, through the owner, manager or person in charge, in writing, upon [blanks] forms prepared and furnished by the board. Each application shall contain proof of the particular requisites for registration provided for in this chapter, and shall be verified by the oath of the maker. Such forms shall be accompanied by:
(a) A detailed floor plan of the proposed school.
(b) The name, address and license number of the manager or person in charge and of each instructor.
(c) Evidence of financial ability to provide the facilities and equipment required by rules of the board and to maintain the operation of the proposed school for a period of 1 year.
(d) Proof that the proposed school will commence operation with an enrollment of not less than 25 bona fide students.
(e) The annual registration fee.
2. Upon receipt by the board of application, [accompanied by the annual registration fee, the board shall issue to the person, firm or corporation so applying the required certificate of registration and license.] the board shall, before issuing a certificate of registration and license, determine whether the proposed school:
(a) Is suitably located.
(b) Contains adequate floor space and equipment.
(c) Meets all requirements established by rules of the board.
3. The annual registration fee for a school of cosmetology is [$125.] $200.
Sec. 16. NRS 644.400 is hereby amended to read as follows:
644.400 1. A school of cosmetology shall, at all times, be in charge of and under the immediate supervision of a licensed hairdresser and cosmetician who has had practical experience of at least 3 years in the practice of a majority of the branches of cosmetology in an established place of business.
2. A school of cosmetology shall fulfill the following requirements:
(a) It shall maintain a school term of not less than [1,000] 1,800 hours extending over a period of not less than 10 months, and shall maintain a course of practical training and technical instruction equal to the requirements for examination for a certificate of registration as a hairdresser and cosmetician as set forth in NRS 644.240.
(b) It shall possess apparatus and equipment sufficient for the ready and full teaching of all the subjects of its curriculum.
(c) It shall attach to its staff of instructors a regularly licensed physician, and shall maintain registered hairdressers and cosmeticians and other instructors competent to impart instruction in all subjects of its curriculum.
(d) It shall keep a daily record of the attendance of each student, and a record devoted to the different practices, and shall establish grades and hold examinations before issuing diplomas.
(e) It shall include in its curriculum a course of shop deportment consisting of instruction in courtesy, neatness and professional attitude in meeting the public.
κ1960 Statutes of Nevada, Page 316 (CHAPTER 165, AB 190)κ
consisting of instruction in courtesy, neatness and professional attitude in meeting the public.
(f) It shall so arrange the courses devoted to each branch or practice of cosmetology as the board may from time to time adopt as the course to be followed by the schools.
3. Every cosmetological establishment exacting a fee for the teaching of any branch of cosmetology (the teaching of junior operators in any branch or branches of cosmetology being excepted) shall be classed as a school of cosmetology within the meaning of this section, and shall be required to comply with all of its provisions, as well as such regulations as shall from time to time be prescribed by the board.
4. Each school of cosmetology shall maintain a staff of licensed instructors. There shall be at least two instructors, and one additional instructor for each 25 students, or major portion thereof, over 50.
5. Each instructor shall:
(a) Be a licensed hairdresser and cosmetician.
(b) Pay a license fee of $10 a year.
(c) Have successfully completed the 12th grade in school.
(d) Have 3 years experience as a hairdresser and cosmetician.
(e) Have completed 600 hours of teacher training in a school of cosmetology.
Sec. 17. Chapter 644 of NRS is hereby amended by adding thereto the provisions set forth in sections 17 to 19, inclusive, of this act.
Sec. 18. 1. The owner of each school of cosmetology shall post with the board a good and sufficient surety bond executed by the applicant as principal and by a surety company as surety in the amount of $5,000.
2. The bond shall be in the form approved by the board and shall be conditioned upon compliance with the provisions of this chapter and upon faithful compliance with the terms and conditions of any and all contracts, verbal or written, made by the school to furnish instruction to any person. The bond shall be to the State of Nevada in favor of every person who pays or deposits any money with the school as payment for any instruction. Every bond shall continue in force and effect until notice of termination is given by registered mail to the board and every bond shall set forth this fact.
3. Any person claiming to be injured or damaged by any act of the school may maintain an action on the bond against the school and the surety named therein, or either of them, for refund of tuition paid and any judgment against the principal or surety in any such action shall include the costs thereof and those incident to the bringing of the action, including a reasonable attorney fee. The aggregate liability of the surety to all such persons shall not, however, exceed the sum of the bond.
Sec. 19. 1. The board may refuse to issue a school of cosmetology license to any applicant who fails to present satisfactory evidence of personal integrity and moral responsibility, and, if the applicant is a corporation, the provisions of this subsection shall apply to all the officers thereof.
2. No school of cosmetology license may be issued until the owner files with the board a statement designating the person authorized to accept service of notice from the board and to transact all business negotiations in behalf of the school.
κ1960 Statutes of Nevada, Page 317 (CHAPTER 165, AB 190)κ
files with the board a statement designating the person authorized to accept service of notice from the board and to transact all business negotiations in behalf of the school.
Sec. 20. No school of cosmetology may advertise student work to the public for pay through any medium, including radio, unless the work advertised is expressly designated as student work. All students must be schooled for 250 hours or the equivalent of 32 days before students are allowed to work on the public.
Sec. 21. NRS 644.420 is hereby amended to read as follows:
644.420 Before engaging in the business of demonstrator in this state, every person must apply for and receive a license from the board. The fee for the initial license is $15, and the annual renewal fee is [$2.50.] $5.
Sec. 22. NRS 644.425 is hereby amended to read as follows:
644.425 1. The board may grant a permit authorizing a person to conduct demonstrations and exhibitions, temporarily and primarily for educational purposes, of hair-styling, makeup and hair-dyeing techniques for the benefit and instruction of hairdressers, cosmeticians, electrologists, manicurists and permanent wavers licensed under this chapter, junior operators and students enrolled in licensed schools of cosmetology.
2. The permit shall specify the purpose for which it is granted, the period during which the person is permitted to conduct such demonstrations and exhibitions, which period shall not exceed 10 days, and the time and place of exercising the privilege granted by the permit.
3. A person may be granted a permit under this section only if he:
(a) Makes application to the board for the permit.
(b) [Furnishes the board with a certificate from a local or state health officer of this state or from a physician licensed under the laws of this state stating he is free from contagious or infectious disease.
(c)] Demonstrates to the satisfaction of the board that the permit is sought primarily for educational purposes.
[(d)] (c) Pays a permit fee of $2.
4. The provisions of this section shall not be construed as applying to demonstrators as defined in NRS 644.020.
5. It is unlawful:
(a) For any person to conduct a demonstration or exhibition without a permit.
(b) For any person who is granted a permit to allow persons other than hairdressers, cosmeticians, electrologists, manicurists and permanent wavers licensed under this chapter, junior operators and students enrolled in licensed schools of cosmetology to attend any demonstration or exhibition made or given by him.
________
κ1960 Statutes of Nevada, Page 318κ
Assembly Bill No. 204Mr. Swanson
CHAPTER 166
AN ACT to amend NRS section 463.230, relating to county gaming licenses, by allowing two or more games on the same premises to be licensed by the issuance of a single county license certificate; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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.
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 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 or games are licensed for the same premises and location, giving the [serial number and] denomination of each such slot machine [.] and the type of game or device.
________
κ1960 Statutes of Nevada, Page 319κ
Assembly Bill No. 208Mr. Fitz
CHAPTER 167
AN ACT to amend NRS section 517.230, relating to affidavits of work performed or improvements made on mining claims, by requiring such affidavits to include dates of performance and names of persons, corporations, contractors or subcontractors who did such work; and by providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 517.230 is hereby amended to read as follows:
517.230 1. Within 60 days after the performance of labor or making of improvements required by law to be performed or made upon any mining claim annually, the person in whose behalf such labor was performed or improvements made, or someone in his behalf, shall make and have recorded by the mining district recorder or the county recorder, in books kept for that purpose in the mining district or county in which such mining claim is situated, an affidavit setting forth:
(a) The amount of money expended, or value of labor or improvements made, or both.
(b) The character of expenditures or labor or improvements.
(c) A description of the claim or part of the claim affected by such expenditures or labor or improvements.
(d) The year for which such expenditures or labor or improvements were made [.] and the dates on which they were made.
(e) The name of the owner or claimant of the claim at whose expense the same was made or performed.
(f) The names of the persons, corporations, contractors or subcontractors who performed the work or made the improvements.
2. The affidavit, or a copy thereof, duly certified by the county recorder shall be prima facie evidence of the performance of such labor or the making of such improvements, or both.
Sec. 2. This act shall become effective on September 1, 1960, and shall apply only to work done after such date.
________
κ1960 Statutes of Nevada, Page 320κ
Assembly Bill No. 214Elko County Delegation
CHAPTER 168
AN ACT to amend NRS section 62.180, relating to the temporary detention of children and the conduct and location of detention homes, by providing that in counties under 20,000 population a detention home for children may adjoin or be on the same grounds as a jail or lockup.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.180 is hereby amended to read as follows:
62.180 1. Provision shall be made for the temporary detention of children in a detention home to be conducted as an agency of the court or in some other appropriate public institution or agency; or the court may arrange for the care and custody of such children temporarily in private homes subject to the supervision of the court, or may arrange with any private institution or private agency to receive for temporary care and custody children within the jurisdiction of the court.
2. Authority hereby is granted for any county to provide, furnish and maintain at public expense a building suitable and adequate for the purpose of a detention home for the temporary detention of children, subject to the provisions of this chapter; provided:
(a) That in counties of over 20,000 population, the boards of county commissioners are directed to provide the detention facilities, as aforesaid, within 2 years after March 15, 1949; and
(b) That two or more counties, without regard to their respective populations, may provide a combined detention home, as aforesaid, under suitable terms agreed upon between the respective boards of county commissioners and the juvenile court judges regularly sitting in the judicial districts covering the counties.
3. Any detention home, built and maintained under the authority of this chapter, shall be constructed and conducted as nearly like a home as possible, and shall not be deemed to be or treated as a penal institution, nor, in counties of over 20,000 population, shall it be adjoining or on the same grounds as a prison, jail or lockup.
Sec. 2. This act shall become effective upon passage and approval.
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κ1960 Statutes of Nevada, Page 321κ
Assembly Bill No. 230Committee on Judiciary
CHAPTER 169
AN ACT to amend NRS sections 12.080 and 12.090, relating to parties to an action for death of or injury to another, by removing restriction on an action by a guardian for death of or injury to ward and deleting reference to damages; to amend NRS sections 41.090 and 41.100, relating to wrongful death actions and survival of actions, by removing the restriction on distribution of damages and clarifying an inconsistency with respect to the proper party to bring an action for wrongful death; by allowing recovery for loss of future society and companionship; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 12.080 is hereby amended to read as follows:
12.080 The father and mother jointly, or the father or the mother, without preference to either, may maintain an action for the death or injury of a minor child, when such injury or death is caused by the wrongful act or neglect of another; and a guardian may maintain an action for the injury or death of his ward, [if the ward be of lawful age,] when each injury or death is caused by the wrongful act or neglect of another, the action by the guardian to be prosecuted for the benefit of the heirs of the ward. Any such action may be maintained against the person causing the injury or death, or, if such person be employed by another person who is responsible for his conduct, also against such other person.
Sec. 2. NRS 12.090 is hereby amended to read as follows:
12.090 When the death of a person not a minor is caused by the wrongful act or neglect of another, his heirs, or his personal representatives for the benefit of his heirs, may maintain an action for damages against the person causing the death, or, if such person be employed by another person who is responsible for his conduct, then also against such other person. If such adult person have a guardian at the time of his death, only one action can be maintained for the injury to or death of such person, and such action may be brought by either the personal representatives of such adult person deceased for the benefit of his heirs, or by such guardian for the benefit of his heirs. [, as provided in NRS 12.080. In every action under this section and NRS 12.080, such damages, pecuniary and exemplary, may be given as under all the circumstances of the case may be just.]
Sec. 3. NRS 41.090 is hereby amended to read as follows:
41.090 1. The proceeds of any judgment obtained in any action brought under the provisions of NRS 41.080 and this section shall not be liable for any debt of the deceased, provided he or she shall have left a husband, wife, child, father, mother, brother, sister, or child or children of a deceased child. [, but shall be distributed as follows:
(a) If there be a surviving husband or wife, and no child, then to such husband or wife.
κ1960 Statutes of Nevada, Page 322 (CHAPTER 169, AB 230)κ
(b) If there be a surviving husband or wife, and a child or children, or grandchildren, then equally to each, the grandchild or grandchildren taking by right of representation.
(c) If there be no husband or wife, but a child or children, or grandchild or grandchildren, then to such child or children and grandchild or grandchildren by right of representation.
(d) If there be no child or grandchild, then to a surviving father or mother.
(e) If there be no father or mother, then to a surviving brother or sister, or brothers or sisters, if there be any.
(f) If there be none of the kindred hereinbefore named, then the proceeds of such judgment shall be disposed of in the manner authorized by law for the disposition of the personal property of deceased persons.
2. Every such action shall be brought by and in the name of the personal representative or representatives of such deceased person.
3.] 2. The court or jury, as the case may be, in every such action may give such damages, pecuniary and exemplary, as shall be deemed fair and just. [, and in so doing may take into consideration the pecuniary injury resulting from such death to the kindred herein named.] Every person entitled to maintain such action, and every person for whose benefit such action is brought, may prove his respective damages, and the court or jury may award such person that amount of damages to which it considers such person entitled, including damages for loss of probable future companionship, society and comfort.
Sec. 4. NRS 41.100 is hereby amended to read as follows:
41.100 1. Causes of action, whether suit has been brought upon the same or not, in favor of the injured party for personal injuries other than those resulting in death, whether such injuries be to the health or to the reputation or to the person of the injured party, shall not abate by reason of his death nor by reason of the death of the person against whom such cause of action shall have accrued; but in the case of the death of either or both, such cause of action shall survive to and in favor of the heirs and legal representatives of such injured party and against the person, receiver or corporation liable for such injuries, and his or its legal representatives; and so surviving such cause of action may be hereafter prosecuted in like manner and with like legal effect as would a cause of action for injuries to or destruction of personal property.
2. The court or jury in every such action may give such damages, pecuniary and exemplary, as it shall deem fair and just. Every person entitled to maintain such action, and every person for whose benefit such action is brought, may prove his respective damages, and the court or jury may award such person that amount of damages to which it considers such person entitled, including damages for loss of probable future companionship, society and comfort.
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κ1960 Statutes of Nevada, Page 323κ
Assembly Bill No. 236Committee on Judiciary
CHAPTER 170
AN ACT to amend NRS section 116.070, relating to the sale of certain school lands, by providing that such lands shall be sold or leased in the same manner as other school lands.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 116.070 is hereby amended to read as follows:
116.070 [1. Whenever any lands dedicated to the use of the public school system of the district in which it is located as provided in NRS 116.020 shall become unsuitable, undesirable or impractical for any school uses or purposes, the school board of the particular district shall proceed to appraise the lands and offer the same for sale.
2. The lands shall be appraised in the following manner:
(a) The governing body, in the county in which any such lands may be, shall appoint one appraiser. The county assessor shall appoint one appraiser, and the two so appointed shall select a third appraiser.
(b) These three persons shall constitute a board of appraisers who shall proceed to make a just and fair appraisal of the lands and report the same to the governing body of the county in which the lands are situated.
3. The governing body shall thereupon proceed to sell the lands by giving notice by posting in 3 public places in the district in which the lands are situated, for a period of 10 days, inviting bids therefor.
4. At the expiration of notice as provided in subsection 3, the governing body shall sell the lands to the highest and best bidder, but no bid shall be accepted for less than 90 percent of the value thereof as set by the board of appraisers.] Whenever any land dedicated to the use of the public school system, as provided in NRS 116.020, becomes unsuitable, undesirable or impractical for any school uses or purposes, the board of trustees of the county school district or joint school district in which the land is located shall sell or lease the land in the manner provided in NRS 393.220 to 393.320, inclusive.
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κ1960 Statutes of Nevada, Page 324κ
Assembly Bill No. 240Committee on Judiciary
CHAPTER 171
AN ACT to amend chapter 111 of NRS, relating to estates in property, by adding new sections declaring fraudulent conveyances void as to prior or subsequent purchasers for value without notice; by declaring certain sales to be fraudulent as to creditors if such sales are not accompanied by immediate delivery and actual and continued change of possession; by creating exceptions; and by providing other matters properly relating thereto.
[Approved March 14, 1960]
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 the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Every conveyance of any estate, or interest in lands, or the rents and profits of lands, and every charge upon lands, or upon the rents and profits thereof, made and created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands, rents or profits, as against such purchasers, shall be void.
Sec. 3. No such conveyance, or charge, shall be deemed fraudulent in favor of a subsequent purchaser who shall have legal notice thereof at the time of his purchase, unless it shall appear that the grantee in such conveyance, or person to be benefited by such charge, was privy to the fraud intended.
Sec. 4. 1. Creditors as used in subsection 2 includes all persons who are creditors of the vendor or assignor at any time while the goods and chattels remain in his possession or under his control.
2. Every sale made by a vendor of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same is accompanied by an immediate delivery, and is followed by an actual and continued change of possession of the things sold or assigned, shall be conclusive evidence of fraud, as against the creditors of the vendor, or the creditors of the person making such assignment, or subsequent purchasers in good faith.
3. Nothing contained in this section applies to contracts of bottomry, respondentia, or assignments or hypothecations of vessels, or goods at sea, or in foreign states, or without this state, if the assignee or mortgagee takes possession of such goods as soon as may be after the arrival thereof within this state.
Sec. 5. This act shall become effective upon passage and approval.
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